2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 3 - Driving on Right Side of Roadway, Overtaking and Passing, Following Too Closely
§ 40-6-42. Overtaking and Passing Generally

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules stated in this article:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
2. 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 vehicle until completely passed by the overtaking vehicle.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 57; Code 1933, § 68A-303, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 5.)

- For comment on Roberts v. Phillips, 35 Ga. App. 733, 134 S.E. 837 (1926), see 1 Ga. L. Rev. No. 1, p. 49 (1927).

JUDICIAL DECISIONS

Driver unaware that vehicle being overtaken.

- O.C.G.A. § 40-6-42 does not intend to impose absolute criminal or civil liability upon the driver of a vehicle who does not know, nor are the facts to show the driver should have known, that the driver's vehicle was being overtaken. James v. Allen, 173 Ga. App. 636, 327 S.E.2d 501 (1985).

- Trial court properly denied a motion for judgment notwithstanding the verdict since the movant, driving a van, had attempted to overtake and pass a motorcycle without changing lanes, resulting in a collision. The evidence was such that the jury could have reasonably found that the movant violated both O.C.G.A. §§ 40-6-42 and40-6-312(a). Neiswonger v. Janics, 196 Ga. App. 607, 396 S.E.2d 553 (1990).

- When the evidence in a criminal prosecution authorized a finding that, in attempting to pass an automobile travelling in the same direction, the defendant showed a purpose to take a known chance of perpetrating an injury on another, in that the defendant knew that automobiles were likely to be approaching on the highway from the opposite direction, and was so indifferent to the rights of others that the defendant acted as if they did not exist, the defendant was guilty, not merely of ordinary negligence, but of a higher degree thereof, to wit, gross or criminal negligence. Collins v. State, 66 Ga. App. 325, 18 S.E.2d 24 (1941).

When two automobiles collided near the front of a parked automobile, which the defendant was passing, while the defendant's car was to the left of the center of the highway and on the plaintiff-driver's side of the road, this was a violation of former Code 1933, § 68-303 and was negligence per se. Hodges v. Pilgrim, 88 Ga. App. 256, 76 S.E.2d 454 (1953).

- Driver of a vehicle overtaking another vehicle proceeding in the same direction does not have to sound a horn or give any other audible warning before passing. Aultman v. Spellmeyer, 111 Ga. App. 769, 143 S.E.2d 403 (1965).

Cited in Hanover Ins. Co. v. Rollins, 136 Ga. App. 595, 222 S.E.2d 91 (1975); Smith v. Southeastern Stages, Inc., 479 F. Supp. 593 (N.D. Ga. 1977); Burnett v. Doster, 144 Ga. App. 443, 241 S.E.2d 319 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 249, 250.

- 60A C.J.S., Motor Vehicles, §§ 652, 715, 741 et seq.

- Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317.

Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.

Reciprocal rights, duties, and liabilities where motor vehicle driver, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.

Duty and liability as to signaling following driver to pass or giving him warning of approaching danger, 48 A.L.R.2d 252.

Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.

Duty and liability of overtaken driver with respect to adjusting speed to that of passing vehicle, 91 A.L.R.2d 1260.

Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.