I am going to interrupt my annual reporting for this week as I have had a request to share information about a specific traffic safety concern. This is also a topic I have seen bantered around on social media lately, so it may assist others in gaining clarity on the specific statutes that apply. The topic at hand is Wisconsin State Statute 346.08, “When Overtaking and Passing on the Right is Permitted”
Before I get into the issues relating to passing on the right, I want to give a quick summary of the specifics surrounding passing on the left. This is much more straightforward and is a more common occurrence, but still worth revisiting. Of course, you can pass on the left in a passing zone so long as you do not create a hazardous condition and you do not exceed the speed limit in doing so. Secondly, you must make sure you are well beyond the vehicle you have passed before returning to your previous lane of travel. Also, the use of directional signals is required before you begin passing and before you return to your previous lane of travel. Finally, a part of this statute that is not as well known is that you can pass in a no-passing zone so long as the vehicle you are overtaking is doing less than half the posted speed limit. The one exception to this rule is that of Implements of Husbandry. You are not allowed to pass implements of husbandry in a no-passing zone, no matter how slow they are going. In those situations, just relax and enjoy the view.
In all of these scenarios, it goes without saying that the opposite lane of traffic must be clear enough so as to execute your passing maneuver without creating a hazard.
Now, on to the issue of passing on the right. Below are the three circumstances in which passing on the right is allowed:
When the vehicle overtaken is making or about to make a left turn or U-turn; or
Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or
Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable two or more lines of vehicles lawfully to proceed in the same direction at the same time.
One caveat to the above allowances is that of passing at an intersection. This is covered under Wisconsin state Statute 346.10 “When Passing at a Railroad Crossing, Intersection, Bridge, Viaduct Prohibited”
This Statute states the following: The operator of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction when approaching within 100 feet of or traversing any intersection unless the roadway is marked or posted for 2 or more lines of vehicles moving simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed by a traffic officer to pass at such intersection.
As a relatable example, I will use the intersection of STH 29 and CTH AB just east of Pilsen. If you are headed either eastbound or westbound, and the vehicle in front of you is attempting to make a left turn, you SHOULD NOT pass that vehicle on the right. You may argue that there is a paved lane that allows for this, but that “Lane” is there primarily for making right turns (Thus the solid white line). Although it is not signed for right turn only, its use for passing on the right is not recommended.
The important part of all of this is that in most, if not all, situations, patience is the better option. The millisecond you may gain from an unsafe passing maneuver is not worth it. Remember that travel, much like life, is all about the journey, not the destination. Enjoy the journey!
