Ky. Rev. Stat. » Chapter 189
Kentucky Revised Statutes

Ky. Rev. Stat. § 189.350 (2026)

Assistance in passing or overtaking

✓ current as of May 2026
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(1) The operator of a vehicle about to be overtaken and passed shall give way to the right in favor of the overtaking vehicle if the overtaking vehicle is a motor vehicle. (2) In all cases of meeting, passing, or overtaking of vehicles such assistance shall be given by the operator and occupants of each vehicle, respectively, to the other as the circumstances reasonably demand, in order to obtain clearance and avoid accidents. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 203, sec. 1, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739g- 41, 2739g-43.

Notes of Decisions
Cited in 11 cases, 1955–1993 · leading case: Barrett v. Stephany, 510 S.W.2d 524 (Ky. Ct. App. 1974).
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Barrett v. Stephany, 510 S.W.2d 524 (Ky. Ct. App. 1974). · cites it 6× “However, it is at once apparent that upon turning the page to KRS 189.350(1) and giving it too a literal construction we would fall into an impossible anomaly.”
McCoy v. Carter, 323 S.W.2d 210 (Ky. Ct. App. 1959). “See KRS 189.350(2). It is also their position Carter violated KRS 189.”
Collett v. Taylor, 383 S.W.2d 692 (Ky. Ct. App. 1964). · cites it 2× “Literally, these duties are predicated upon receipt of the audible signal required by KRS 189.”
Commonwealth v. Runion, 873 S.W.2d 583 (Ky. Ct. App. 1993). “(b) When approaching within one hundred (100) feet of or traversing any intersection^] KRS 189.350(2) In all cases of meeting, passing or overtaking of vehicles such assistance shall be given by the operator and occupants of each vehicle, respectively, to the other as the…”
Carruba v. Speno, 418 S.W.2d 398 (Ky. Ct. App. 1967). “300 (2) and that he completely ignored the requirement set forth in KRS 189.350(2). These statutes generally imposed upon the driver being passed the duty to exercise care for the passing vehicle and to assist it in getting by without mishap.”
Tennessee Prods. & Chem. Corp. v. Miller, 282 S.W.2d 52 (Ky. Ct. App. 1955). · cites it 2× “KRS 189.350 requires that the operator of a vehicle being overtaken “shall give way to the right in favor of the overtaking vehicle” and also provides that the operator of a vehicle being overtaken shall give reasonable assistance “in order to obtain clearance and avoid…”
Rowe v. Gibson, 309 S.W.2d 173 (Ky. Ct. App. 1957). “It was in accord with KRS 189.350 as to the appellant’s duty, if any, to Hamlin in passing.”
Salyer v. Booher, 419 S.W.2d 533 (Ky. Ct. App. 1967). “Booher, in addition to giving a turn signal, was required by KRS 189.350 and 189.380(1) to give way to the overtaking vehicle and to refrain from turning from a direct course until it could be done with reasonable safety.”
West v. Luchesi, 509 S.W.2d 251 (Ky. Ct. App. 1974). “KRS 189.350(1) provides as follows: “The operator of a vehicle about to be overtaken and passed shall give way to the right in favor of the overtaking vehicle, upon audible signal being given by the overtaking vehicle, if the overtaking vehicle is a motor vehicle or bicycle.”
Ry. Express Agency, Inc. v. Warfield, 386 S.W.2d 453 (Ky. Ct. App. 1965). “KRS 189.350(1) requires the operator of the vehicle being overtaken to “give way to the right” insofar as he is reasonably able to do so.”
Toombs v. Williams, 439 S.W.2d 946 (Ky. Ct. App. 1969). “KRS 189.350. The jury reasonably could have found that ordinary care required that *949 the boy be given a clearance warning.”
— Ky. Rev. Stat. § 189.350(1) — 3 cases
Barrett v. Stephany, 510 S.W.2d 524 (Ky. Ct. App. 1974). “However, it is at once apparent that upon turning the page to KRS 189.350(1) and giving it too a literal construction we would fall into an impossible anomaly.”
West v. Luchesi, 509 S.W.2d 251 (Ky. Ct. App. 1974). “KRS 189.350(1) provides as follows: “The operator of a vehicle about to be overtaken and passed shall give way to the right in favor of the overtaking vehicle, upon audible signal being given by the overtaking vehicle, if the overtaking vehicle is a motor vehicle or bicycle.”
Ry. Express Agency, Inc. v. Warfield, 386 S.W.2d 453 (Ky. Ct. App. 1965). “KRS 189.350(1) requires the operator of the vehicle being overtaken to “give way to the right” insofar as he is reasonably able to do so.”
— Ky. Rev. Stat. § 189.350(2) — 4 cases
McCoy v. Carter, 323 S.W.2d 210 (Ky. Ct. App. 1959). “See KRS 189.350(2). It is also their position Carter violated KRS 189.”
Commonwealth v. Runion, 873 S.W.2d 583 (Ky. Ct. App. 1993). “(b) When approaching within one hundred (100) feet of or traversing any intersection^] KRS 189.350(2) In all cases of meeting, passing or overtaking of vehicles such assistance shall be given by the operator and occupants of each vehicle, respectively, to the other as the…”
Barrett v. Stephany, 510 S.W.2d 524 (Ky. Ct. App. 1974). “However, it is at once apparent that upon turning the page to KRS 189.350(1) and giving it too a literal construction we would fall into an impossible anomaly.”
Carruba v. Speno, 418 S.W.2d 398 (Ky. Ct. App. 1967). “300 (2) and that he completely ignored the requirement set forth in KRS 189.350(2). These statutes generally imposed upon the driver being passed the duty to exercise care for the passing vehicle and to assist it in getting by without mishap.”
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