MICHIGAN VEHICLE CODE
Act 300 of 1949
257.636 Overtaking and passing of vehicles proceeding in same direction; overtaking a bicycle proceeding in same direction; violation as civil infraction.
Sec. 636.
(1) The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to sections 637 to 643a:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left of that vehicle, and when safely clear of the overtaken vehicle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.
(b) 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 his or her vehicle until completely passed by the overtaking vehicle.
(2) The driver of a motor vehicle overtaking a bicycle proceeding in the same direction shall pass at a safe distance of at least 3 feet to the left of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the left, at a safe distance to the left of that bicycle at a safe speed, and when safely clear of the overtaken bicycle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.
(3) Notwithstanding section 640, if it is safe to do so, the driver of a vehicle overtaking a bicycle proceeding in the same direction may overtake and pass the bicycle in a no-passing zone.
(4) A person who violates this section is responsible for a civil infraction.
History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 2018, Act 279, Eff. Sept. 27, 2018 ;-- Am. 2020, Act 263, Eff. Mar. 29, 2021
Notes of Decisions
Cited in
9
cases (
6 in the last 5 years), 1953–2025 · leading case:
Wolfgram v. Valko, 134 N.W.2d 649 (Mich. 1965).
Wolfgram v. Valko, 134 N.W.2d 649 (Mich. 1965).
· cites it 2× “Reference was made to the provision of the statute (CLS 1961, § 257.636 [Stat Ann 1960 Rev § 9.2336]) that the driver of an overtaken vehicle shall not accelerate until completely passed by the overtaking vehicle and it was stressed by defendant that the statute does not require…”
Lepley v. Bryant, 57 N.W.2d 507 (Mich. 1953).
“'Section 636 (CL 1948, § 257.636 [Stat Ann 1952 Rev .§ 9.2336]), was read, said section being as follows r ' [ “The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules…”
Fischer v. United States (E.D. Mich. 2022).
· cites it 8× “Patton also contends Plaintiff violated Michigan Compiled Laws § 257.636(1)(a), which requires passing vehicles to pass far enough from the overtaken vehicle to avoid collisions as follows: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall…”
Fischer v. United States (E.D. Mich. 2022).
· cites it 5× “Accordingly, it is ORDERED that Plaintiff’s Motion to Permit Plaintiff to Argue That MCL 257.636, MCL 257.638, MCL 257.642, MCL 257.”
Dylan Parraghi v. Edward Chodyniecki (Mich. Ct. App. 2022).
· cites it 3× “602(b), MCL 257.636, and MCL 257.638, “defendant alleged that there [was] no evidence of any kind to suggest” that he violated those statutes.”
Weeks v. Conservation Dep't, 157 N.W.2d 441 (Mich. Ct. App. 1968).
“* PA 1949, No 300, § 636 (CLS 1961, § 257.636 [Stat Ann 1960 Rev § 9.2336]).”
D Est. of William Howard McDuffie-connor v. Scott M Neal (Mich. Ct. App. 2024).
“See also MCL 257.636 (passing generally). But a reasonable juror could also conclude that Neal was operating with malfunctioning turn signals (as evidenced by the MSP report), failed to perform a pre-trip inspection and then testified falsely about conducting an inspection (as…”
Habich v. Wayne, Cnty. of (E.D. Mich. 2022).
“Laws § 257.636 . That case remains pending. The defendants renewed their motion to stay the present action, together with a motion for summary judgment.”
Mark Christiansen v. Kevin Armbrustmacher (Mich. Ct. App. 2025).
“McDuffie v Neal, ___ Mich ___; 21 NW3d 205 , 207- 208 (2025). “But the evidence also supports the conclusion that [Armbrustmacher] acted without ensuring that the turn could be safely made and without using functional turn signals to notify surrounding drivers.”
— Mich. Comp. Laws § 257.636(1)(a) — 2 cases
Fischer v. United States (E.D. Mich. 2022).
“Patton also contends Plaintiff violated Michigan Compiled Laws § 257.636(1)(a), which requires passing vehicles to pass far enough from the overtaken vehicle to avoid collisions as follows: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall…”
Fischer v. United States (E.D. Mich. 2022).
“Accordingly, it is ORDERED that Plaintiff’s Motion to Permit Plaintiff to Argue That MCL 257.636, MCL 257.638, MCL 257.642, MCL 257.”
— Mich. Comp. Laws § 257.636(1)(b) — 2 cases
Fischer v. United States (E.D. Mich. 2022).
“Patton also contends Plaintiff violated Michigan Compiled Laws § 257.636(1)(a), which requires passing vehicles to pass far enough from the overtaken vehicle to avoid collisions as follows: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall…”
Fischer v. United States (E.D. Mich. 2022).
“Accordingly, it is ORDERED that Plaintiff’s Motion to Permit Plaintiff to Argue That MCL 257.636, MCL 257.638, MCL 257.642, MCL 257.”
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