1.Overtaking and Passing Vehicles
“The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to [MCL 257.637–MCL 257.643a]:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left of that vehicle, and when safely clear of the overtaken vehicle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.” MCL 257.636(1).
“A person who violates [MCL 257.636] is responsible for a civil infraction.” MCL 257.636(4).
“The driver of a vehicle may overtake and pass upon the right of another vehicle only if 1 or more of the following conditions exist:
(a) When the vehicle overtaken is making or about to make a left turn.
(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for 2 or more lines of moving vehicles in each direction and when the vehicles are moving in substantially continuous lanes of traffic.
(c) Upon a 1-way street, or upon a roadway on which traffic is restricted to 1 direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles and when the vehicles are moving in substantially continuous lanes of traffic.” MCL 257.637(1).
“The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the overtaking and passing in safety.” MCL 257.637(2). “The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.” Id.
“A person who violates [MCL 257.637] is responsible for a civil infraction.”MCL 257.637(4).
“The operator of a vehicle shall not follow a snowplow more closely than 200 feet.” MCL 257.643b(1). However, MCL 257.643b(1) “does not apply when the operator of a vehicle is legally overtaking or passing a snowplow.” MCL 257.643b(2). “The operator of a vehicle that is not a snowplow who approaches a snowplow from the rear that is stopped at or in an intersection shall stop not less than 20 feet from the snowplow.” MCL 257.643b(3). “A person that violates [MCL 257.643b] is responsible for a civil infraction.” MCL 257.643b(4).
2.Overtaking and Passing Bicycles
“The driver of a motor vehicle overtaking a bicycle proceeding in the same direction shall pass at a safe distance of at least 3 feet to the left of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the left, at a safe distance to the left of that bicycle at a safe speed, and when safely clear of the overtaken bicycle shall take up a position as near the right-hand edge of the main traveled portion of the highway as practicable.” MCL 257.636(2). “Notwithstanding [MCL 257.640], if it is safe to do so, the driver of a vehicle overtaking a bicycle proceeding in the same direction may overtake and pass the bicycle in a no-passing zone.” MCL 257.636(3).
“A person who violates [MCL 257.636] is responsible for a civil infraction.” MCL 257.636(4).
MCL 257.637(3) similarly provides: “The driver of a vehicle overtaking a bicycle proceeding in the same direction shall, when otherwise permitted by [MCL 257.637], pass at a distance of 3 feet to the right of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the right, at a safe distance to the right of that bicycle at a safe speed.”
“A person who violates [MCL 257.637] is responsible for a civil infraction.” MCL 257.637(4).
B.Overtaking and Passing Violations:
Common overtaking and passing violations include:
•Disobeying no-passing zones, MCL 257.640;
•Failing to give way when overtaken, MCL 257.636(1)(b);
•Following vehicle too closely, MCL 257.643;
•Following snowplow too closely, MCL 257.643b;
•Improper lane use (multiple lane highway), MCL 257.642;
•Improper passing on hill or curve, MCL 257.639(1)(a);
•Improper passing on right, MCL 257.637;
•Improper passing within 100 feet of bridge, viaduct, or tunnel with obstructed view, MCL 257.639(1)(b)
The general rules for assessing a civil fine and costs apply to overtaking and passing violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. The Offense Code Index for Traffic Violations is available at: http://www.michigan/gov/documents/OffenseCode_73877_7.pdf. See Section 1.41 for more information on abstracting procedures.
1.Improper Passing
•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.
•Three points are assessed for improper passing. MCL 257.320a(1)(r). See Section 1.42 for more information on points.
2.Following Too Closely, Tailgating, Improper Lane Use
•Two points are assessed for following too closely, tailgating, and improper lane use. See MCL 257.320a(1)(u) (applicable to “[a]ll other moving violations pertaining to the operation of motor vehicles reported under [MCL 257.320a]”). See Section 1.42 for more information on points.