Colorado § 42-4-1004 - When overtaking on the right is permitted.
Full text of Colorado Colorado Revised Statutes § 42-4-1004 — When overtaking on the right is permitted., with citation guidance and answers to common questions.
§ 42-4-1004. When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or giving indication of making a left turn;
(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or
(c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles.
(1.5) The driver of a motor vehicle upon a one-way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left-hand side of the road, shall allow the bicyclist at least a three-foot separation between the left side of the driver's vehicle, including all mirrors or other projections, and the right side of the bicyclist at all times.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
(3) Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2359, § 1, effective January 1, 1995. L. 2009: (1.5) added, (SB 09-148), ch. 239, p. 1088, § 3, effective August 5.
Editor's note: This section is similar to former § 42-4-904 as it existed prior to 1994, and the former § 42-4-1004 was relocated to § 42-4-1104.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 42-4-1004
What does Colorado Revised Statutes § 42-4-1004 cover?
Section 42-4-1004 ("When overtaking on the right is permitted.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 42-4-1004?
A common citation format is "Colorado Revised Statutes § 42-4-1004" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 42-4-1004 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.