1.    The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

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Terms Used In North Dakota Code 39-10-12

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49

a.    When the vehicle overtaken is making or about to make a left turn; or

b.    Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

2.    The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement may not be made by driving off the roadway.