The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle. [S13, §1569, 1571-m18; C24, 27, 31, 35, §5021, 5022; C39, §5024.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.299] 89 Acts, ch 296, §34; 2010 Acts, ch 1061, §115 Referred to in §321.482A, 805.8A(6)(f) Passing on right, §321.302 For applicable scheduled fine, see §805.8A, subsection 6 Additional penalties for violations causing serious injury or death, see §321.482A\n\n 321.300 and 321.301 Reserved. \n
Notes of Decisions
Cited in
17
cases, 1949–2020 · leading case:
France v. Benter, 128 N.W.2d 268 (Iowa 1964).
France v. Benter, 128 N.W.2d 268 (Iowa 1964).
· cites it 23× “The only statutes bearing on the question of duty to sound a horn before passing are §§ 321.299 and 321.432. We quote the pertinent part of section 321.”
Wachter v. McCuen, 96 N.W.2d 597 (Iowa 1959).
· cites it 12× “It so- clearly shows his violation of section 321.299, Code of 1954, that there is no room for a jury determination of the weight of the evidence.”
United States v. Wade Allen Wheat, 278 F.3d 722 (8th Cir. 2001).
“See Iowa Code §§ 321.299 et seq. (2001) (regulating proper methods of passing and overtaking another vehicle); Iowa Code § 321.”
Jesse v. Wemer & Wemer Co., 82 N.W.2d 82 (Iowa 1957).
· cites it 4× “Section 321.299, Code of 1954, I.C.A. But the evidence here was undisputed that plaintiff had already passed defendant Walters and was well in front of him in the west or proper lane of traffic even prior to his slowing down for the stop.”
Paulsen v. Mitchell, 105 N.W.2d 603 (Iowa 1960).
· cites it 6× “Defendant argues plaintiff was contributorily negligent as a matter of law in violating Code section 321.299 which provides, “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof * * Kisling v.”
Daniels v. Bloomquist, 138 N.W.2d 868 (Iowa 1965).
· cites it 2× “(3) Failing to give way to the right in favor of plaintiff’s vehicle, contrary to section 321.299, Code, 1954. (4) Turning out to the left without giving 'an appropriate signal to plaintiff’s driver of defendant’s intention to' turn, contrary to section 321.”
Robson v. Barnett, 44 N.W.2d 382 (Iowa 1950).
· cites it 3× “Defendants are not entitled to a reversal on the ground the evidence fails as a matter of law to show plaintiff’s freedom from contributory negligence.”
Harris v. Clark, 103 N.W.2d 215 (Iowa 1960).
· cites it 2× “2d 597 , we held plaintiff was not entitled to the benefit of an instruction on sudden emergency where plaintiff passed defendant’s truck on the right-hand side in violation of section 321.299, Code of Iowa, 1954, and plaintiff’s own testimony showed he voluntarily placed…”
Nielsen v. Wessels, 73 N.W.2d 83 (Iowa 1955).
· cites it 4× “Plaintiff alleged five grounds of negligence on the part-of defendants, to wit: (1) failure to have the truck under control; (2) failure to keep a proper lookout; (3) failure to operate the truck at a safe distance to the left in overtaking and passing plaintiff’s vehicles, in…”
Fischer v. Hawkeye Stages, 37 N.W.2d 284 (Iowa 1949).
· cites it 2× “There is much evidence that before the collision plaintiff’s car had resumed travel in the right-hand lane, where it belonged.”
Stiefel v. Wandro, 68 N.W.2d 53 (Iowa 1955).
· cites it 2× “Section 321.299, 1950 (1954) Code; Westman v.”
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