Tennessee § 55-8-118 - Overtaking and passing on the right.

§ 55-8-118. Overtaking and passing on the right.

The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: When the vehicle overtaken is making or about to make a left turn; Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; and Upon a one-way street, or upon any roadway on which traffic is restricted to one (1) direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall the movement be made by driving off the pavement or main-traveled portion of the roadway. When overtaking or passing upon the right of another motor vehicle pursuant to this section or other law, the person shall not operate the motor vehicle within a bicycle lane as defined in § 55-8-205. Notwithstanding this section, the driver of a bus operated by or for a publicly owned transit agency may overtake and pass a vehicle upon the right when operating on the shoulder or right-of-way of any highway on the state system of highways, including interstate highways, when authorized by the department of transportation. Except for authorized emergency vehicles, the operation of a vehicle on the shoulder or right-of-way of a state highway other than a bus authorized by the department is an offense punishable as a Class C misdemeanor. The department is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (d)(1), including establishing procedures for authorizing the operation of a bus on the shoulder or right-of-way and regulations for ensuring the safety of passengers on a bus and in vehicles operating on the main traveled way of the adjacent highway or right-of-way, such as establishing a maximum speed limit of a bus, limiting the use of the shoulder or right-of-way during peak traffic periods, and installing signs indicating the shoulder or right-of-way is reserved for exclusive use by a bus. As used in this subsection (d), “bus” does not include a school bus. The department may take any action to obtain federal, state, or local assistance for any aspect of implementation of a program to allow a bus to utilize the shoulder or right-of-way of a state highway as provided in subdivision (d)(1); provided, that any funds used for the purposes of this subsection (d) shall be specifically appropriated by reference in the general appropriations act. Acts 1955, ch. 329, § 17; T.C.A., § 59-818; Acts 2016, ch. 944, § 2; 2016, ch. 967, § 1. Compiler's Notes. Acts 2016, ch. 967, § 2 provided that no later than March 1, 2019, the department of transportation shall submit a detailed report to the transportation and safety committee of the senate and the transportation committee of the house of representatives on the status of any shoulder or right-of-way under, or being planned for, construction or improvement and of any current or planned operation of buses on a shoulder or right-of-way for purposes of § 55-8-118(d) . Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, §§ 2, 9, 38; 15 Tenn. Juris., Instructions, § 8; 19 Tenn. Juris., Negligence, § 5. Law Reviews. Rear-End Collisions — When Is the Following Driver Negligent as a Matter of Law? (Felix B. Laughlin), 34 Tenn. L. Rev. 251. Attorney General Opinions. Pedestrian and vehicular use of marked bicycle lanes. OAG 14-13, 2014 Tenn. AG LEXIS 14 (1/23/14).