304.016. Passing regulations--violations, penalties.
Passing regulations--violations, penalties.
304.016. 1. The following rules shall govern the overtaking andpassing of vehicles proceeding in the same direction, subject to thelimitations and exceptions hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding inthe same direction shall pass to the left thereof at a safe distance andshall not again drive to the right side of the roadway until safely clearof the overtaken vehicle; and
(2) Except when overtaking and passing on the right is permitted, thedriver of an overtaken vehicle shall give way to the right in favor of theovertaking vehicle and shall not increase the speed of such driver'svehicle until completely passed by the overtaking vehicle.
2. The driver of a motor vehicle may overtake and pass to the rightof another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a leftturn;
(2) Upon a city street with unobstructed pavement of sufficient widthfor two or more lines of vehicles in each direction;
(3) Upon a one-way street;
(4) Upon any highway outside of a city with unobstructed pavement ofsufficient width and clearly marked for four or more lines of traffic. Thedriver of a motor vehicle may overtake and pass another vehicle upon theright only under the foregoing conditions when such movement may be made insafety. In no event shall such movement be made by driving off the pavedor main traveled portion of the roadway. The provisions of this subsectionshall not relieve the driver of a slow-moving vehicle from the duty todrive as closely as practicable to the right-hand edge of the roadway.
3. Except when a roadway has been divided into three traffic lanes,no vehicle shall be driven to the left side of the center line of a highwayor public road in overtaking and passing another vehicle proceeding in thesame direction unless such left side is clearly visible and is free ofoncoming traffic for a sufficient distance ahead to permit such overtakingand passing to be completely made without interfering with the safeoperation of any vehicle approaching from the opposite direction or anyvehicle overtaken.
4. No vehicle shall at any time be driven to the left side of theroadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve of thehighway where the driver's view is obstructed within such distance as tocreate a hazard in the event another vehicle might approach from theopposite direction;
(2) When the view is obstructed upon approaching within one hundredfeet of any bridge, viaduct, tunnel or when approaching within one hundredfeet of or at any intersection or railroad grade crossing.
5. Violation of this section shall be deemed a class C misdemeanor.
(L. 1953 p. 587 § 304.020, A.L. 1992 H.B. 958, A.L. 1996 H.B. 1047)(1962) The statute does not relieve the operator of a vehicle in an intersection area of the duty to keep a lookout for another vehicle violating this section. Myers v. Searcy (Mo.), 356 S.W.2d 59.
(1962) Defendant who attempted to pass on right an automobile stopped on pavement with turn signals flashing for left turn, turned off pavement onto shoulder where his automobile skidded and hit culvert which threw it back on road and into collision with stopped automobile, was negligent as a matter of law. Sisk v. Driggers (A.), 364 S.W.2d 76.
(1963) Defendant motorist on snow covered road approaching a curve in the tracks on his left or wrong side of road was required to anticipate that another vehicle might approach on its rightful side of the road and was required to use care commensurate with circumstances, and jury could find he was required to sound horn to warn of hazard he was creating. Bunch v. Crader (A.), 369 S.W.2d 768.
(1963) Motorist was not contributorily negligent as a matter of law because he was attempting to pass another automobile within 100 feet of an intersecting gravel road. Robb v. Wallace (Mo.), 371 S.W.2d 232.
(1963) Evidence sufficient to sustain conviction of careless and reckless driving by driving automobile at night on left side of roadway while approaching crest of hill at point where view was obstructed for such distance as to create hazard to oncoming traffic. State v. Gish (A.), 371 S.W.2d 654.
(1966) Driver being passed was under no duty to change his speed by either speeding up or slowing down while vehicles traveled abreast of each other, and was not negligent. Lawson v. Commercial Carriers, Inc. (A.), 399 S.W.2d 236.
(1966) This section is for the benefit of a person entering a highway from an intersecting or side street as well as for the benefit of vehicles proceeding on the thoroughfare in the same or opposite directions. Roach v. Lacho (Mo.), 402 S.W.2d 344.
(1966) Subsection 4 of this section, providing the condition under which a vehicle shall not be driven on the left side of the roadway, is not limited by its terms to vehicles overtaking and passing other vehicles. Roach v. Lacho (Mo.), 402 S.W.2d 344.
(1966) The preposition "to" as used in subsection 4 of this section is synonymous with "on" or "upon". Roach v. Lacho (Mo.), 402 S.W.2d 344.
(1976) Held, proper time for warning to be given is question for jury. Warning must be given to vehicle in front in reasonable time for him to recognize danger and avoid injury. Hubbard v. Lathrop (A.), 545 S.W.2d 361.