32-26-27. Overtaking and passing on right--Circumstances under which permitted--Violation as misdemeanor.

The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

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

(2)    Upon a street or highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;

(3)    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 of sufficient width for two or more lines of moving vehicles.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0312 as added by SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 167.