Ohio Revised Code

Ohio Rev. Code § 4511.28 (2026)

Overtaking and passing upon the right of another vehicle

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(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:

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

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.

(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1955–2024 · leading case: State v. Adams, 2011-Ohio-4008.
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State v. Adams, 2011-Ohio-4008. · cites it 8× “The court found that officers had attempted to stop Defendant’s vehicle for what they reasonably believed was a violation of R.C. 4511.28. That section prohibits passing upon the right of another vehicle unless (1) the other vehicle “is making or attempting to make a left turn”…”
Mussivand v. David, 544 N.E.2d 265 (Ohio 1989). · cites it 2× “2d 1307, 1309 , we found that negligence per se was not applicable to R.C. 4511.28 in that it did not “allude to the commission or omission of any specific act.”
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983). · cites it 8× “*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
Johnson v. Greater Cleveland Reg'l Transit Auth., 2021-Ohio-938, 171 N.E.3d 422. · cites it 2× “The evidence also shows a dispute exists regarding (1) whether Bellaire Road where it intersects with Leeila Avenue is a one-lane road and (2) whether Jordan violated R.C. 4511.28 and C.C.O. 431.04 by passing the stopped vehicle on the right.”
Hubner v. Sigall, 546 N.E.2d 1337 (Ohio Ct. App. 10th Dist. 1988). · cites it 2× “See R.C. 4511.28. Once Gee became aware that she could not safely exercise her right, it was her duty to adjust her speed.”
McFarland v. Gillespie, 2019-Ohio-1050. · cites it 21× “Appellant contended that, from the testimony, the only reasonable conclusion which the jury could reach was that Barnes was negligent for violating R.C. 4511.28. Appellant also argued she was entitled to a new trial because evidence of the settlement with Gillespie was…”
Gardner v. XPO Logistics Freight, Inc., 2024-Ohio-4633, 254 N.E.3d 153. · cites it 2× ““Under R.C. 4511.28(A), a driver of a motor vehicle may overtake and pass on the right side of another vehicle only if the vehicle ‘overtaken is making or about to make a left turn’ or if there are two -9- Case No.”
City of Cuyahoga Falls v. Green, 678 N.E.2d 973 (Ohio Ct. App. 9th Dist. 1996). “” R.C. 4511.28(A)(1). If drivers of tractor-trailer rigs activated their left signal during the first stage of a wide right turn, other drivers might perceive that the truck was signaling for a left turn and attempt to pass on the right.”
Love v. Lewis, 488 N.E.2d 238 (Ohio Ct. App. 1st Dist. 1985). “In addition, if he was attempting to pass Fields on the right, he was in violation of R.C. 4511.28, which is an indicia of negligence, if not negligence per se.”
State v. Roberts, 2012-Ohio-4715. “{¶27} Finally, appellant argues that Bingham violated R.C. 4511.28, a provision prohibiting vehicles from passing on the right, and therefore, he was not reckless or even negligent when causing her death.”
State v. Vargo, 2018-Ohio-2487. “04, which parrots R.C. 4511.28, reads in pertinent part: (A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions: (1) When the vehicle or trackless trolley overtaken is…”
Martin v. Lowe's Home Centers. LLC, No. 2:19-cv-02051 (S.D. Ohio Oct. 16, 2020). · cites it 2× “O.R.C. § 4511.28(A) (Permission to overtake and pass on the right).”
Show all 16 citing cases →
Ohio Rev. Code § 4511.28(A): 2 cases
Gardner v. XPO Logistics Freight, Inc., 2024-Ohio-4633, 254 N.E.3d 153. ““Under R.C. 4511.28(A), a driver of a motor vehicle may overtake and pass on the right side of another vehicle only if the vehicle ‘overtaken is making or about to make a left turn’ or if there are two -9- Case No.”
Martin v. Lowe's Home Centers. LLC, No. 2:19-cv-02051 (S.D. Ohio Oct. 16, 2020). “O.R.C. § 4511.28(A) (Permission to overtake and pass on the right).”
Ohio Rev. Code § 4511.28(A)(1): 2 cases
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983). “*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
City of Cuyahoga Falls v. Green, 678 N.E.2d 973 (Ohio Ct. App. 9th Dist. 1996). “” R.C. 4511.28(A)(1). If drivers of tractor-trailer rigs activated their left signal during the first stage of a wide right turn, other drivers might perceive that the truck was signaling for a left turn and attempt to pass on the right.”
Ohio Rev. Code § 4511.28(A)(2): 1 case
Pittman v. Off. of Atty. Gen., 2012-Ohio-6346.
Ohio Rev. Code § 4511.28(B): 3 cases
Hubner v. Sigall, 546 N.E.2d 1337 (Ohio Ct. App. 10th Dist. 1988). “See R.C. 4511.28. Once Gee became aware that she could not safely exercise her right, it was her duty to adjust her speed.”
Westervelt v. Rooker, 447 N.E.2d 1307 (Ohio 1983). “*147 This factual pattern brought into play the provisions of R.C. 4511.28 which grants permission to pass another vehicle on the right, and states as follows: “(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless…”
Pittman v. Off. of Atty. Gen., 2012-Ohio-6346.
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