Wash. Rev. Code » Title 46 · Chapter 46.61
Revised Code of Washington

Wash. Rev. Code § 46.61.110 (2026)

✓ current as of May 2026
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The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:
(1)(a) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left of it at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken traffic.
(b)(i) When the vehicle being overtaken is a motorcycle, motor-driven cycle, or moped, a driver of a motor vehicle found to be in violation of (a) of this subsection must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(ii) The additional fine imposed under (b)(i) of this subsection must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
(2)(a) The driver of a vehicle approaching an individual who is traveling as a pedestrian or on a bicycle, riding an animal, or using a farm tractor or implement of husbandry without an enclosed shell, and who is traveling in the right lane of a roadway or on the right-hand shoulder or bicycle lane of the roadway, shall:
(i) On a roadway with two lanes or more for traffic moving in the direction of travel, before passing and until safely clear of the individual, move completely into a lane to the left of the right lane when it is safe to do so;
(ii) On a roadway with only one lane for traffic moving in the direction of travel:
(A) When there is sufficient room to the left of the individual in the lane for traffic moving in the direction of travel, before passing and until safely clear of the individual:
(I) Reduce speed to a safe speed for passing relative to the speed of the individual; and
(II) Pass at a safe distance, where practicable of at least three feet, to clearly avoid coming into contact with the individual or the individual's vehicle or animal; or
(B) When there is insufficient room to the left of the individual in the lane for traffic moving in the direction of travel to comply with (a)(ii)(A) of this subsection, before passing and until safely clear of the individual, move completely into the lane for traffic moving in the opposite direction when it is safe to do so and in compliance with RCW 46.61.120 and 46.61.125.
(b) A driver of a motor vehicle found to be in violation of this subsection (2) must be assessed an additional fine equal to the base penalty assessed under RCW 46.63.110(3). This fine may not be waived, reduced, or suspended, unless the court finds the offender to be indigent, and is not subject to the additional fees and assessments that the base penalty for this violation is subject to under RCW 2.68.040, 3.62.090, and 46.63.110.
(c) The additional fine imposed under (b) of this subsection must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.
(d) For the purposes of this section, "vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
(e) This subsection (2) does not apply on a shared street as defined in RCW 46.61.197.
(3) Except when overtaking and passing on the right is permitted, overtaken traffic shall give way to the right in favor of an overtaking vehicle on audible signal and shall not increase speed until completely passed by the overtaking vehicle.
[ 2025 c 300 s 4; 2023 c 471 s 4; 2019 c 403 s 3; 2005 c 396 s 1; 1965 ex.s. c 155 s 17.]

Notes:

Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2023 c 471: See note following RCW 46.61.5259.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1967–2025 · leading case: Mina v. Boise Cascade Corp., 710 P.2d 184 (Wash. 1985).
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Mina v. Boise Cascade Corp., 710 P.2d 184 (Wash. 1985). · cites it 2× “" [2] This statute has been amended and recodified as RCW 46.61.110.”
Bordynoski v. Bergner, 644 P.2d 1173 (Wash. 1982). “100(l)(a); (4) that if he was to "give way to the right in favor of the overtaking vehicle" there would be an "audible signal", RCW 46.61.110(2); and (5) that a following driver would not drive "at a speed greater than is reasonable and prudent under the conditions and having…”
Hester v. Watson, 448 P.2d 320 (Wash. 1968). · cites it 2× “040 (superseded by RCW 46.61.110), which states: Any person driving a vehicle upon any public highway of this state and overtaking another vehicle proceeding in the same direction shall pass to the left of such overtaken vehicle: Provided, That it shall be unlawful for any…”
Petersavage v. Bock, 431 P.2d 603 (Wash. 1967). “040 (now RCW 46.61.110) prescribes the rules for overtaking and being overtaken by vehicles traveling the same direction: Any person driving a vehicle upon any public highway of this state and overtaking another vehicle proceeding in the same direction shall pass to the left of…”
State v. Brown, 81 P.3d 916 (Wash. Ct. App. 2003). “RCW 46.61.110 and .120 concern passing on the left, .”
Hall v. McDowell, 497 P.2d 596 (Wash. Ct. App. 1972). “100; RCW 46.61.110; RCW 46.61.125; RCW 46.61.290; and RCW 46.”
Chase L. McClurg v. Paul David Winters, et ux (Wash. Ct. App. 2025). “Failing to pass a pedestrian in a bicycle lane on the left at a safe distance in violation of RCW 46.61.110; b. Failing to exercise due care to avoid a pedestrian and failing to sound his horn, in violation of RCW 46.”
State v. Brown, 81 P.3d 916 (Wash. Ct. App. 2003). · cites it 2× “The State next makes a similar argument in regard to passing movements based on McGlothlin and RCW 46.61.110, 46.61.115, and 46.61.120. [4] Again, the McGlothlin court likely applied RCW 46.”
— Wash. Rev. Code § 46.61.110(2) — 1 case
Bordynoski v. Bergner, 644 P.2d 1173 (Wash. 1982). “100(l)(a); (4) that if he was to "give way to the right in favor of the overtaking vehicle" there would be an "audible signal", RCW 46.61.110(2); and (5) that a following driver would not drive "at a speed greater than is reasonable and prudent under the conditions and having…”
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