Idaho Code
Idaho Code § 49-633 (2026)
When passing on the right is permitted.
✓ current as of May 2026
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When passing on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.
Notes of Decisions
Cited in 2
cases, 1997–2001 · leading case: Ahles v. Tabor, 34 P.3d 1076 (Idaho 2001).
Ahles v. Tabor, 34 P.3d 1076 (Idaho 2001). “The appeal is from the district court’s determination that the plaintiff, Ron Ahles, was negligent per se based on a violation of I.C. § 49-633, which defines when passing on the right is permitted, and the district court’s subsequent apportionment of fault that denied the…”
LaRue v. Archer, 939 P.2d 586 (Idaho Ct. App. 1997). “This instruction essentially tracks the language of I.C. § 49-633. However, it omits the last line of subparagraph two of the statute.”
— Idaho Code § 49-633(2) — 1 case
LaRue v. Archer, 939 P.2d 586 (Idaho Ct. App. 1997). “This instruction essentially tracks the language of I.C. § 49-633. However, it omits the last line of subparagraph two of the statute.”
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