Iowa Code

Iowa Code § 321.304 (2026)

Prohibited passing

✓ current as of July 2026
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No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed for a distance of approximately seven hundred feet.

2. When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, when so signposted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing.

3. Where official signs are in place directing that traffic keep to the right or a distinctive center line or off-center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the department of transportation. [C35, §5024-e1; C39, §5024.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.304] Referred to in §321.482A, 805.8A(6)(i), 805.8A(8)(e) For applicable scheduled fines, see §805.8A, subsections 6 and 8 Additional penalties for violations causing serious injury or death, see §321.482A \n

Notes of Decisions
Cited in 21 cases, 1950–2019 · leading case: State v. Rivera, 149 N.W.2d 127 (Iowa 1967).
State v. Rivera, 149 N.W.2d 127 (Iowa 1967). · cites it 16× “In addition to the standards provided in section 321.304 the legislature has provided in section 321.”
France v. Benter, 128 N.W.2d 268 (Iowa 1964). · cites it 12× “" Section 321.304 is also material. It is quoted: "No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions: "1.”
Robeson v. Dilts, 170 N.W.2d 408 (Iowa 1969). · cites it 8× “The sole ground of the motion asserted decedent was guilty of contributory negligence as a matter of law because he was violating section 321.304, Code of Iowa, which provides in part: “No vehicle shall, in overtaking and passing another vehicle or at any time, be driven to the…”
Herman v. Muhs, 126 N.W.2d 400 (Iowa 1964). · cites it 14× “The sole question here concerns the issue of contributory negligence. It is brought into sharp focus by the trial court’s ruling that the area where the accident occurred was not an intersection within the meaning of Code section 321.”
Jones v. Blair, 387 N.W.2d 349 (Iowa 1986). · cites it 4× “Plaintiffs brought this action alleging various specifications of negligence against Robert Blair including: 1) passing in a prohibited zone, Iowa Code section 321.304 (1981); 2) failure to have his motor vehicle under control and to reduce his speed at an intersection, Iowa…”
Florke v. Peterson, 65 N.W.2d 372 (Iowa 1954). · cites it 6× “Defendant, at the close of plaintiff’s evidence, and again after all the evidence was in, moved for a directed verdict claiming plaintiff was guilty of contributory negligence under section 321.304, Iowa Code, 1950, in attempting to pass within 100 feet of an intersection.”
Goolsby v. Derby, 189 N.W.2d 909 (Iowa 1971). · cites it 4× “The administrator's argument that Swan's conduct in being on the wrong side of the highway at the time of impact was a violation of section 321.304(2), The Code, and he was therefore negligent per se does not reach the question.”
Kroblin Refrigerated X Press Inc. v. Ledvina, 127 N.W.2d 133 (Iowa 1964). · cites it 8× “They argue the evidence, including the unequivocal admissions of plaintiff’s driver, establishes without dispute the semi attempted to pass the automobile from the rear within 100 feet of an intersection in violation of Code section 321.”
Brewer v. Johnson, 72 N.W.2d 556 (Iowa 1955). · cites it 4× “” Appellants contend the statute dealing with approaching grade crossings (section 321.304, Code of 1950) has no causal connection with the injuries and should not have been submitted.”
Young v. Blue Line Storage Co., 44 N.W.2d 391 (Iowa 1950). · cites it 4× “the appropriate signal for a left turn and making observations that he believed and as a reasonably prudent person had a right to believe the turn could be made with reasonable safety, he had a right to rely upon the assumption that the driver of defendant’s vehicle would comply…”
Murray v. Lang, 106 N.W.2d 643 (Iowa 1960). · cites it 2× “At this moment he found himself confronted with a car approaching him at 45 miles per hour, headed in a southwesterly direction and directly in his lane of travel.”
Cunningham v. Court, 82 N.W.2d 292 (Iowa 1957). · cites it 2× “Code section 321.304 provides: “No vehicle shall, in overtaking and passing another vehicle * * * be driven to the left side of the roadway under the following conditions: * * * 2.”
— Iowa Code § 321.304(1) — 1 case
Auen v. Kluver, 95 N.W.2d 273 (Iowa 1959).
— Iowa Code § 321.304(2) — 3 cases
Goolsby v. Derby, 189 N.W.2d 909 (Iowa 1971). “The administrator's argument that Swan's conduct in being on the wrong side of the highway at the time of impact was a violation of section 321.304(2), The Code, and he was therefore negligent per se does not reach the question.”
Kuhn v. Tank, 156 N.W.2d 127 (Iowa 1968).
James v. Rosen, 203 N.W.2d 256 (Iowa 1972).
— Iowa Code § 321.304(3) — 3 cases
State v. Rivera, 149 N.W.2d 127 (Iowa 1967). “In addition to the standards provided in section 321.304 the legislature has provided in section 321.”
Murray v. Lang, 106 N.W.2d 643 (Iowa 1960). “At this moment he found himself confronted with a car approaching him at 45 miles per hour, headed in a southwesterly direction and directly in his lane of travel.”
State v. Mullenix, 299 N.W.2d 482 (Iowa 1980).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.