346.08 When overtaking and passing on the right permitted. - Wisconsin Statutes

346.08

346.08 When overtaking and passing on the right permitted. The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety and only if the operator can do so while remaining on either the roadway or a paved shoulder, and then only under the following conditions:

346.08(1)

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

346.08(2)

(2) 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

346.08(3)

(3) Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time.

346.08 - ANNOT.

History: 1991 a. 316; 2009 a. 97.

346.08 - ANNOT.

A driver may not pass on the right using any part of the shoulder. Kaufman v. Postle, 2001 WI App 86, 243 Wis. 2d 45, 626 N.W.2d 10, 00-1326.