When Can You Legally Pass on the Right in Maryland?
Quick answer: Under Md. Code, Transp. § 21-304, you may pass on the right in three situations only: when the car ahead is turning or about to turn left; on a road wide enough for two or more lanes in your direction with no parked cars in the way; or on a one-way roadway wide enough for two or more lanes. In every case it must also be safe to do so. You generally may not leave the roadway to do it — but there is a real exception: you may use the shoulder to pass a left-turning vehicle, as long as you stay on the paved surface. A conviction is normally just 1 point. What makes it dangerous is what happens if there was a collision.
The Three Situations Where It’s Allowed
Most drivers assume passing on the right is simply illegal. It isn’t — it’s conditionally legal, and the conditions are narrow. Section 21-304(a) permits it only:
- When the vehicle you’re overtaking is making, or about to make, a left turn.
- On a highway with unobstructed pavement, not occupied by parked vehicles, and wide enough for two or more lines of traffic moving lawfully in your direction.
- On any one-way roadway, if it’s free from obstruction and wide enough for two or more lines of moving vehicles.
And then subsection (b) adds the condition that swallows everything else: you may pass on the right only if it is safe to do so. Even where one of the three situations applies, an unsafe manoeuvre is still a violation. That single sentence is where most of these tickets actually live.
The Shoulder Exception Almost Nobody Knows
Here’s the part that surprises people, including drivers who’ve been ticketed for it.
The general rule in § 21-304(c)(1) is that you may not make the pass by driving off the roadway. Fair enough — swinging onto the grass to get around someone is not allowed.
But subsection (c)(2) creates a specific, express exception. You may drive outside the marked lane and onto the shoulder to overtake a vehicle that is making or about to make a left turn — provided you can do it without leaving the paved surface.
So the driver stuck behind someone waiting to turn left on a two-lane road, who eases onto a paved shoulder and goes around: that is not automatically a violation. It’s contemplated by the statute. Whether the shoulder was paved, whether the vehicle ahead was actually signalling a left turn, and whether the manoeuvre was safe are all questions of fact — and they are exactly the questions worth raising rather than paying the ticket.
One more carve-out: § 21-304(c)(1) excludes operators of bicycles and motor scooters from the off-roadway prohibition entirely.
What It Costs You
On its own, not much. There’s no specific entry for passing on the right in the point schedule, so it falls into the catch-all: 1 point for a moving violation not otherwise listed that didn’t contribute to an accident.
If the same manoeuvre did contribute to an accident, it’s 3 points. See how Maryland’s point system works.
Which sounds mild — and it is, as a licence problem. The reason I take these tickets seriously is different, and it’s the next section.
If There Was a Collision, This Ticket Is Not About Points
Passing-on-the-right citations very often get written after a crash — the officer arrives, works out roughly what happened, and cites the driver who went around. And in Maryland, that citation can be far more expensive than the fine or the point.
Maryland is one of the last states that still applies contributory negligence. If you are found even slightly at fault for an accident, you can be barred from recovering anything for your injuries. Not reduced. Barred.
So a conviction for an unlawful pass on the right, entered because you paid a $90 ticket without thinking about it, can be handed to the other side’s insurer as evidence that you were negligent — and it can end your injury claim. I have seen people pay a small citation and destroy a large claim in the same afternoon, without ever realising the two were connected.
If your citation came out of a collision and you were hurt, do not pay it. Not because of the point. Because of what the paid ticket becomes later.
Related Questions
- What is contributory negligence?
- Is speeding contributory negligence in Maryland?
- What if I get a traffic ticket after my Maryland car accident?
- How Maryland’s point system works
- Payable vs. must-appear tickets in Maryland
Frequently Asked Questions
Is passing on the right illegal in Maryland?
Not always. It’s permitted in three situations — when the car ahead is turning left, on a road wide enough for two lanes in your direction, or on a one-way road wide enough for two lanes — and in each case only if it’s safe. Outside those, it’s a violation.
Can I use the shoulder to get around someone turning left?
Yes — this is the exception most drivers don’t know exists. Section 21-304(c)(2) allows you to leave the marked lane and use the shoulder to pass a vehicle making or about to make a left turn, as long as you stay on the paved surface. Drop a wheel onto the dirt and you’ve lost the exception.
How many points is passing on the right?
Usually 1 — it falls into the catch-all for moving violations not specifically listed. If the manoeuvre contributed to an accident, it’s 3.
I got this ticket after an accident. Should I just pay it?
No. Paying is a guilty plea, and in a contributory-negligence state that admission can be used to argue you were at fault — which can bar you from recovering anything at all for your injuries. The ticket may be small. What it costs you afterwards may not be.
Got a Ticket for Passing on the Right?
These cases turn on facts an officer often didn’t see clearly: was the car ahead really signalling left, was the shoulder paved, was there room for two lanes, was the pass actually unsafe. I’ve handled thousands of Maryland traffic cases and I’m in traffic court most days. If a collision was involved, call before you do anything with that citation.
Toll-free: 1-877-566-2408. Hablamos Español. See how I defend Maryland traffic charges, or read the complete Maryland moving violations guide.
Last updated: July 2026.