Louisiana Revised Statutes & Codes

La. Rev. Stat. § 32:74 (2026)

When passing on the right is permitted

✓ current as of May 2026
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§74. When passing on the right is permitted

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a one-way street, or upon a highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles;

(3) Upon multiple-lane highways.

B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the highway.

C. This Section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.

Acts 1962, No. 310, §1; Acts 2011, No. 244, §1, eff. August 15, 2011.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1973–2025 · leading case: Kyle v. City of Bogalusa, 506 So. 2d 719 (La. Ct. App. 1987).
Kyle v. City of Bogalusa, 506 So. 2d 719 (La. Ct. App. 1987). · cites it 2× “R.S. 32:74 provides as follows: A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a one-way street, or upon a highway on which…”
McCullin v. US Agencies Cas. Ins. Co., 786 So. 2d 269 (La. Ct. App. 2001). “R.S. 32:74 provides, in part: A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn.”
Johnson v. Smith, 86 So. 3d 874 (La. Ct. App. 2012). · cites it 2× “The defendants contend that the trial court erred in allocating all of the fault to the ambulance driver, Jonathan Smith.”
Capone v. Ormet Corp., 822 So. 2d 684 (La. Ct. App. 2002). “R.S. 32:74, entitled "When passing on the right is permitted", in paragraph B provides, in pertinent part, that "[i]n no event shall such movement be made by driving off the pavement or main traveled portion of the highway.”
Harrington v. Velinsky, 567 So. 2d 148 (La. Ct. App. 1990). “" LSA-R.S. 32:74. There seems to be no reason why Mr.”
Tenpenny v. Ringuet, 670 So. 2d 644 (La. Ct. App. 1996). · cites it 3× “That statute, subsection (B), prohibits the driver of a vehicle from overtaking and passing other vehicles "by driving off the pavement or main traveled portion of the highway," which, according to the defendants, is what Tenpenny was doing.”
Munoz v. Norden, 28 So. 3d 562 (La. Ct. App. 2009). · cites it 4× “R.S. 32:74(B) [6] . *565 Nothing in the reasons for judgment indicates the trial court found that Ms.”
Allen v. Rawlins, 669 So. 2d 1282 (La. Ct. App. 1996). “R.S. 32:74 in support of her negligence argument.”
Lancon v. State Farm Mut. Ins., 645 So. 2d 692 (La. Ct. App. 1994). “See LSA-R.S. 32:74. We are ever mindful that when a finding of fact is based on the jury’s decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong.”
Jones v. Lawrence, 940 So. 2d 34 (La. Ct. App. 2006). “The violation of R.S. 32:74 was not a strained or tangential cause of the accident.”
Stephanie Banegas Lopez & Danis Lopez v. Kailey Goerlitz & Farmers Ins. Exch. (La. Ct. App. 2025). · cites it 3× “R.S. 32:74 controls a driver passing on the right of other vehicles and provides, in pertinent part: A.”
Blake v. Sportran Bus Co., 795 So. 2d 1267 (La. Ct. App. 2001). “[[Image here]] LSA-R.S. 32:74 provides: A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a one-way street, or upon a highway on…”
La. Rev. Stat. § 32:74(B): 3 cases
Munoz v. Norden, 28 So. 3d 562 (La. Ct. App. 2009). “R.S. 32:74(B) [6] . *565 Nothing in the reasons for judgment indicates the trial court found that Ms.”
Stephanie Banegas Lopez & Danis Lopez v. Kailey Goerlitz & Farmers Ins. Exch. (La. Ct. App. 2025). “R.S. 32:74 controls a driver passing on the right of other vehicles and provides, in pertinent part: A.”
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