New York DMV Permit Written TestRules of the Road and Traffic LawsHard

You are driving on a two-lane road (one lane in each direction) and approach a vehicle that has stopped in your lane to make a left turn. There is enough clear space on the right shoulder to pass. Is it permissible to pass this vehicle on the right?

  1. ANo, passing on the right is never allowed on a two-lane road.
  2. BOnly if the vehicle ahead signals you to pass.
  3. CYes, if there is a paved shoulder wide enough for your vehicle.
  4. DYes, if you honk your horn to alert the turning vehicle.
Show answer & explanation

Correct answer: C. Yes, if there is a paved shoulder wide enough for your vehicle.

New York State law permits passing on the right only under specific conditions. One such condition is when a vehicle is making or signaling a left turn, and there is sufficient unobstructed pavement or shoulder to the right to pass safely. This is an exception to the general rule of passing on the left.

Why the other options are wrong

  • A. This is generally true but there are specific exceptions, such as this scenario.
  • B. A signal from the other driver does not make an illegal maneuver legal.
  • D. Honking does not make an otherwise illegal or unsafe pass legal or safe.

Passing on the Right (Exceptions)

Passing on the right is generally restricted but permitted when the vehicle ahead is turning left and there is adequate paved shoulder or clear roadway to pass safely.

  • Vehicle ahead must be turning left.
  • Sufficient paved shoulder/roadway needed.
  • Must be executed safely.

Memory trick: Left turn ahead? Pass on the right, but be bright!

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