Wisconsin Statutes

Wis. Stat. § 346.08 (2026)

When overtaking and passing on the right permitted

✓ current as of July 2026

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346.08346.08 When overtaking and passing on the right permitted. The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety and only if the operator can do so while remaining on either the roadway or a paved shoulder, and then only under the following conditions:

346.08(1)(1) When the vehicle overtaken is making or about to make a left turn or U-turn; or

346.08(2)(2) Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or

346.08(3)(3) Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time.

346.08 HistoryHistory: 1991 a. 316; 2009 a. 97.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1966–2024 · leading case: Dakter v. Cavallino, 2014 WI App 112 (Wis. Ct. App. 2014).

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Dakter v. Cavallino, 2014 WI App 112 (Wis. Ct. App. 2014). · cites it 7× “Cavallino's first argument is that this instruction "completely misstates" a statute on which it is partially based, Wis. Stat. § 346.08 , in that it informed the jury that, even if Cavallino did not violate § 346.”

Reilly v. Waukesha Cnty., 535 N.W.2d 51 (Wis. Ct. App. 1995). · cites it 2× “Thus, although there are other ways to advance the safety of children in juvenile facilities than to prohibit any child-care worker from covering both the secure and non-secure units at the same time (indeed, those other ways are now being used because the mandate in former HSS…”

Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “Dictionaries from the time of § 346.08(a)'s adoption5 define a "walk" as: A place laid out or set apart for walking, or resorted to by those who walk; a path, avenue, sidewalk, or promenade for pedestrians.”

Reyes v. Lawry, 146 N.W.2d 510 (Wis. 1966). · cites it 2× “Plaintiff then made an offer “to show proof that on July 26, 1964, it was the custom at the place where the impact occurred for cars to travel in the place where the plaintiff’s car was at the time and place, and that other cars did it at that time and place also by custom.”

Bode v. Buchman, 228 N.W.2d 718 (Wis. 1975). “Even if we were to make the assumption made by the defendant that the plaintiff was in fact passing the defendant, under the facts here he would not have violated the requirement of sec. 346.08, Stats., of passing “only under conditions permitting such movement in safety, .”

Kaufman v. Postle, 2001 WI App 86 (Wis. Ct. App. 2001). · cites it 12× “With the legislative purpose and the statutory definitions in mind, we examine Wis. Stat. § 346.08 , which describes how passing on the right may be done lawfully.”

— Wis. Stat. § 346.08(5)(b)(3) — 1 case

Reilly v. Waukesha Cnty., 535 N.W.2d 51 (Wis. Ct. App. 1995). “Thus, although there are other ways to advance the safety of children in juvenile facilities than to prohibit any child-care worker from covering both the secure and non-secure units at the same time (indeed, those other ways are now being used because the mandate in former HSS…”

— Wis. Stat. § 346.08(a) — 2 cases

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