Mich. Comp. Laws » Michigan Compiled Laws / Chapter 257 / Act 300 of 1949
Michigan Compiled Laws

Mich. Comp. Laws § 257.638 (2026)

Overtaking and passing on left of another vehicle; violation as civil infraction.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

MICHIGAN VEHICLE CODE


Act 300 of 1949


257.638 Overtaking and passing on left of another vehicle; violation as civil infraction.

Sec. 638.

    (1) A vehicle shall not be driven to the left side of the center of a 2-lane highway or in the center lane of a 3-lane highway in overtaking and passing another vehicle proceeding in the same direction unless the left side or center lane is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of a vehicle approaching from the opposite direction or the vehicle overtaken.

    (2) 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

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1968–2022 · leading case: Hill v. Wilson, 531 N.W.2d 744 (Mich. Ct. App. 1995).
Sort: Relevance Newest Treatment
Hill v. Wilson, 531 N.W.2d 744 (Mich. Ct. App. 1995). “free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation” of other vehicles.”
Mowinski v. Bishop, 163 N.W.2d 655 (Mich. Ct. App. 1993). “Was the verdict contrary to law? Plaintiff contends that the following testimony of defendant driver constitutes an admission by him *146 that he failed to comply with CLS 1961, § 257.”
Blazo v. Neveau, 170 N.W.2d 62 (Mich. 1969). “We hold that the jury could have found from the evidence before it, had it been permitted to function in accordance with due instruction, (a) that driver Neveau was negligent in that he entered and then remained in the middle lane of a 3-lane highway in *424 violation of section…”
Dylan Parraghi v. Edward Chodyniecki (Mich. Ct. App. 2022). · cites it 5× “636, and MCL 257.638, “defendant alleged that there [was] no evidence of any kind to suggest” that he violated those statutes.”
Fischer v. United States (E.D. Mich. 2022). · cites it 2× “636, MCL 257.638, MCL 257.642, MCL 257.648 Are All Applicable in Order to Determine Fault for the At-Issue Accident in This Case, ECF No.”
Fischer v. United States (E.D. Mich. 2022). · cites it 2× “Patton contends Plaintiff violated Michigan Compiled Laws § 257.638(1), which requires passing drivers to check for oncoming traffic before attempting to pass as follows: A vehicle shall not be driven to the left side of the center of a 2-lane highway .”
Est. of Sanan Altaye v. Sa&r Trucking Co. Inc (Mich. Ct. App. 2020). “Consequently, the final statute cited by plaintiff, MCL 257.638(1), also does not impose liability upon A & R Express.”
Myair Barnett v. Deja Shardonnay Jackson (Mich. Ct. App. 2021). “However, Jackson knew that MTA buses transported school children based on her own experience riding the bus as a student. She admitted that she crossed the double yellow line in the middle of the road, and would have passed the bus regardless of whether the flashers were on.”
Myair Barnett v. Deja Shardonnay Jackson (Mich. Ct. App. 2021). “However, Jackson knew that MTA buses transported school children based on her own experience riding the bus as a student. She admitted that she crossed the double yellow line in the middle of the road, and would have passed the bus regardless of whether the flashers were on.”
Blazo v. Neveau, 159 N.W.2d 871 (Mich. Ct. App. 1968). “CLS 1961, § 257.638 (Stat Ann 1960 Rev § 9.2338) provides: “No vehicle shall be driven to the left side of the center of a 2 lane highway or in the center lane of a 3 lane highway in overtaking and passing another vehicle proceeding in the same direction unless such left side or…”
— Mich. Comp. Laws § 257.638(1) — 5 cases
Fischer v. United States (E.D. Mich. 2022). “Patton contends Plaintiff violated Michigan Compiled Laws § 257.638(1), which requires passing drivers to check for oncoming traffic before attempting to pass as follows: A vehicle shall not be driven to the left side of the center of a 2-lane highway .”
Est. of Sanan Altaye v. Sa&r Trucking Co. Inc (Mich. Ct. App. 2020). “Consequently, the final statute cited by plaintiff, MCL 257.638(1), also does not impose liability upon A & R Express.”
Myair Barnett v. Deja Shardonnay Jackson (Mich. Ct. App. 2021). “However, Jackson knew that MTA buses transported school children based on her own experience riding the bus as a student. She admitted that she crossed the double yellow line in the middle of the road, and would have passed the bus regardless of whether the flashers were on.”
Myair Barnett v. Deja Shardonnay Jackson (Mich. Ct. App. 2021). “However, Jackson knew that MTA buses transported school children based on her own experience riding the bus as a student. She admitted that she crossed the double yellow line in the middle of the road, and would have passed the bus regardless of whether the flashers were on.”
Fischer v. United States (E.D. Mich. 2022). “636, MCL 257.638, MCL 257.642, MCL 257.648 Are All Applicable in Order to Determine Fault for the At-Issue Accident in This Case, ECF No.”
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.