41-6a-704 - Overtaking and passing vehicles proceeding in same direction.
41-6a-704. Overtaking and passing vehicles proceeding in same direction.
(1) (a) On any highway:
(i) the operator of a vehicle overtaking another vehicle proceeding in the same directionshall:
(A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle onthe left at a safe distance; and
(B) enter a right-hand lane or the right side of the roadway only when safely clear of theovertaken vehicle;
(ii) the operator of an overtaken vehicle:
(A) shall give way to the right in favor of the overtaking vehicle; and
(B) may not increase the speed of the vehicle until completely passed by the overtakingvehicle.
(b) The exemption from the minimum speed regulations for a vehicle operating on agrade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle asrequired under Subsection (1)(a)(i)(A).
(2) On a highway having more than one lane in the same direction, the operator of avehicle traveling in the left general purpose lane:
(a) shall, upon being overtaken by another vehicle in the same lane, yield to theovertaking vehicle by moving safely to a lane to the right; and
(b) may not impede the movement or free flow of traffic in the left general purpose lane.
(3) An operator of a vehicle traveling in the left general purpose lane that has a vehiclefollowing directly behind the operator's vehicle at a distance so that less than two seconds elapsebefore reaching the location of the operator's vehicle when space is available for the operator toyield to the overtaking vehicle by traveling in the right-hand lane is prima facie evidence that theoperator is violating Subsection (2).
(4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling inthe left general purpose lane when:
(a) overtaking and passing another vehicle proceeding in the same direction inaccordance with Subsection (1)(a)(i);
(b) preparing to turn left or taking a different highway or an exit on the left;
(c) responding to emergency conditions;
(d) avoiding actual or potential traffic moving onto the highway from an acceleration ormerging lane; or
(e) following the direction of a traffic-control device that directs the use of a designatedlane.
Amended by Chapter 350, 2008 General Session