Overtaking on the Right: When is it Allowed?

Rules and Regulations of Overtaking in the Highway Code

Not everyone is precisely aware of the content of the Highway Code, and unfortunately, some drivers are no exception.
However, there are some rules so often repeated that even those without a driving license believe they know with certainty.
Among these is the overtaking, allowed under certain conditions (including the absence of a no-overtaking sign, good visibility, and sufficient space) but strictly on the left.

It may come as quite a surprise to learn that the Highway Code mentions overtaking on the right.
Not only is it allowed in some cases, but it is even recommended to avoid hindering traffic flow and creating dangerous situations.
However, there are very precise rules to follow, first and foremost to avoid endangering one’s own safety and that of others, but also to avoid hefty fines.

When overtaking on the right is allowed

Legal language often uses common terms to create technicalities incomprehensible to non-professionals, but this is not the case here.
To explain the regulations on overtaking, it is often distinguished from passing, even though the Highway Code itself uses the two words interchangeably as synonyms in the Italian language dictionary.

Reference must be made to Article 148 of the Highway Code, which defines overtaking as “the maneuver by which a vehicle overtakes another vehicle, an animal, or a pedestrian moving or stopped on the lane or the part of the carriageway normally intended for circulation.” Overtaking a stationary obstacle or a slower agent, within the speed limit and respecting the conditions for a safe overtake.

In fact, this article does not expressly state that overtaking must be done on the left; it is a direct consequence of the fact that traffic circulates on the right, requiring the overtaker to position themselves on the other side.
However, this same article clarifies that in some cases it is permissible to overtake on the right.

Overtaking on the highway

When driving on the highway, the terms overtaking and passing actually take on different meanings, considering that overtaking involves occupying the left lane relative to the vehicle being overtaken for the necessary time, not necessarily short.
Overtaking on the right on the highway is always prohibited, as well as being extremely dangerous, as the law requires always keeping the free right lane occupied.

Following this rule and continuing to drive in one’s lane, it is possible to overtake vehicles on the left, but this does not constitute overtaking and is therefore perfectly legal because there is no lane change.
This may seem strange because the left lanes have minimum speed limits, but it can happen and is completely legal.

Penalties for improper overtaking

Those who overtake on the right outside the expressly permitted cases risk a fine ranging from 83 to 133 euros and, in case of recidivism within two years, a driving license suspension from 1 to 3 months.
The same sanction applies to the highway as well, which, as explained, does not apply to passing.
On the contrary, occupying the left lanes without reason instead of using the right one exposes you to a fine ranging from 42 to 173 euros.

Read more: Learn more about overtaking rules and regulations