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RSMo 304.016effective 28 Aug 1996

Passing regulations

In plain English

When a driver passes another car going the same way, they must go around to the left with enough space, and not move back right until safely past. The car being passed must slow down or stay at the same speed until the other car is fully by. Passing on the right is only allowed in certain situations, like when the other car is turning left, on a one-way street, or on a wide road with four or more lanes — and never by driving off the paved road. A driver cannot cross into the left side of the road to pass unless there is a clear view far enough ahead to do it safely, and crossing to the left is never allowed near hills, curves, bridges, tunnels, intersections, or railroad crossings where the view is blocked. Breaking this law is a class C misdemeanor.

Penalties named in this law
class C misdemeanorup to 15 days in jail

Classifications stated in the statute. Actual outcomes vary.

Word-for-word law

304.016. Passing regulations — violations, penalties. — 1. The following rules shall govern the and passing of vehicles in the same direction, subject to the limitations and exceptions hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the until safely clear of the n vehicle; and

(2) Except when overtaking and passing on the right is ted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of such driver's vehicle until completely passed by the overtaking vehicle.

2. The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

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

(2) Upon a city street with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction;

(3) Upon a one-way street;

(4) Upon any outside of a city with unobstructed pavement of sufficient width and clearly marked for four or more lines of traffic. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway. The of this shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as 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 highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

4. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(1) When approaching the or upon a curve of the highway where the driver's view is obstructed within such distance as to create a in the event another vehicle might approach from the opposite direction;

(2) When the view is obstructed upon approaching within one hundred feet of any bridge, , tunnel or when approaching within one hundred feet of or at any or .

5. Violation of this section shall be a .

Tap any gold-underlined word to see what it means.

Source & history notes

(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.

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 304.016: Passing regulations | KnowMo Laws