PC §730 - IMPROPER PASSING
INFRACTION
(a) Definition
Unlawfully passing on a Double Yellow Line marked road, Passing 100ft within an intersection and or passing around a corner. Also is not limited to Passing on the right, Passing that leads to endangerment, and or Making a blind pass.
(b) Elements of the Offense
The following elements must be met to constitute a charge of Improper Passing:
Passing over and or within a marked double yellow line or single white line.
Breaching said double yellow or white line to take over another vehicle
Passing without safe distance EX. 100ft
Passing on a double yellow marked blind turn or passing on the right at any time.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions by vehicle operators or owners:
Passing on a double yellow/single white marked lane.
Taking over a vehicle on a blind corner
Passing within 100ft of a intersection.
Passing on the right at any time.
(c) Defenses
(a) It shall be a defense to a charge of Improper Passing if the defendant can prove that their overtake of a vehicle complied with state laws or regulations at the time of said overtake.
(b) Lack of evidence of Improper Passing, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing accidents, injuries, or fatalities due to Improper Passing, repeated violations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for Improper Passing can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE
FINE SET
$350.00
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