As a rule, you cannot overtake another vehicle on the right, but the General Traffic Regulations contemplate a series of exceptions.
The General Traffic Regulations (RGC) indicates that in general Always drive in the right lane and use the rest of the lanes on the road when the circumstances of the traffic or the road make it advisable, as long as the movement of another vehicle is not hindered. However, the text does not clearly specify the answer to the eternal question of whether it is possible to overtake another vehicle on the right.
among other things because The answer depends on the type of road you are driving on., since the ordering of traffic is not the same for roads outside of towns as for urban roads. For this reason it is important to know the General Traffic Regulations, since the regulations themselves contemplate a series of exceptions to the general application of the rule that defines overtaking on the right.
Can you overtake on the right?
The answer is no, at least in general.. As we have already explained, the RGC, in its article 31, obliges to circulate regularly in the right lane on roads outside of towns and to use the rest of the lanes in the same direction to overtake when the circumstances of the traffic or the road so require. advise, without interfering the progress of other cars.
Yes indeed, Like many other rules, it has its own exceptions. and that is where the second part of the answer to the question posed is somehow found. Overtaking on the right is contemplated on urban roadsas well as in certain cases in which a series of requirements are met to be able to carry out this maneuver, without the need to be driving on a road within a town.
When you drive faster in the right lane than in the left in a traffic jam, there is no overtaking, but overtaking.
Exception to the rule
There are a number of situations in which you can overtake on the right and which are regulated in article 82 and 83 of the RCG. The first is, both inside and outside the town, when the driver of the car being overtaken is clearly indicating his intention to change direction to the left or stop on that side, as long as there is sufficient space and the maneuver is carried out with maximum precautions. It is also contemplated overtaking on the right on roads running in both directions, to the trams that run through the central area.
In case of retentions outside the town, when traffic density forces you to occupy all lanes, traffic in the right lane can be more fluid than in the left. However, in this situation, overtaking maneuvers on the right are not considered and overtaking are considered, just as happens when driving in the acceleration or deceleration lanes or lanes designated for the traffic of certain vehicles if you move faster than the vehicles that use the lanes of normal circulation. Everything said does not apply to urban circulation.
What lane do I use in the city?
On urban roadsalso called intra-town roads, that have at least two lanes in the same direction of travel overtaking on the right is allowed, as long as the driver makes sure that they can do it safely and if the right lane is the best one for their destination. As is logical, overtaking must be carried out with the utmost caution and respecting at all times the existing delimitations by lane length markings or any other road indication.
In the end, it is a logical question if we take into account that the management of traffic on urban roads with two or more lanes in each direction that are delimited allows the driver of the vehicle to occupy the lane that best suits him depending on his final destination. In fact, the General Directorate of Traffic itself recommends that in the city driving on trackchoosing in advance the most suitable lane for our route to stay in it as much as possible.
In this sense, the DGT points out that a driver can change to the right lane in order to overtake if this is more convenient for him, but he can also perform this maneuver to turn, park or park. The agency also points out that zigzag circulation with continuous lane changes should be avoided in order to advance more quickly, since this type of maneuver causes inconvenience to other drivers and can also cause a rear-end accident.
Overtaking on the right has a fine of 200 euros, the same as all serious offenses against the General Traffic Regulations.
Fine for overtaking another car on the right
Overtaking on the right off urban roads and without complying with one of the aforementioned exceptions is considered a serious offense against the General Traffic Regulations and the sanction contemplated is a 200-euro economic fine, without loss of driving license points. However, in this type of maneuver, there is the power to penalize the two drivers or vehicles involved in the action.
Just like the driver who overtakes on the right commits a serious offence, The user of the road that circulates in the central or left lane in an inappropriate and continuous manner is also exposed to the same sanction of 200 euros of fine for not complying with what is established by the General Circulation Regulations. In the end, not driving in the right lane, thus hindering the progress of other vehicles on the road, is also an offense with the same characteristics.
How do I know if I have been fined for passing on the right?
The sanction for overtaking on the right must be communicated immediately if the traffic agents have witnessed the infraction. However, if the agents do not have the option of notifying the complaint for not being able to stop the vehicle or because the maneuver has been registered through the existing means of capture -drone or Pegasus helicopter-, the fine will be notified at the address of the owner of the vehicle by certified letter.
If the notification has not been on the spot, drivers have several methods to find out if they have been ticketed. The first is to consult the Edictal Board of Sanctions (TESTRA), either with the vehicle registration or with our DNI. However, the most comfortable method is to register in the Road Electronic Address (DEV), since this system allows receive fines by emailwith the option that a notice also arrives to the mobile in the form of SMS.
I have received a fine. Can I appeal?
The penalty for overtaking on the right can be appealed, although It is an infraction that has little option to reply. In any case, if as a driver the decision is made to claim a fine from the DGT, there are three methods to file allegations against it. The first method is online through the DGT application or the body’s own website. For this you need an electronic ID or any method of identification by Cl@ve PIN.
You can also appeal in person at any Office or Traffic Headquarters. The last option is via postal mail with a letter addressed to the Headquarters that processes the fine. In all cases you must attach the document of allegations and appeals that can be obtained from the DGT or a document containing all the information requested in this form, as well as the number of the disciplinary file.
How overtaking cyclists is done is another question that usually raises doubts in drivers.
How to overtake cyclists
Leaving aside overtaking a vehicle on the right, Another maneuver that usually causes doubts among drivers is overtaking cyclists. To carry out a correct overtaking maneuver against a cyclist, three aspects must be taken into account. Keep a lateral safety distance of at least 1.5 metersthe possibility of partially or completely invading the opposite lane -even with a continuous line- and the obligation to change to the left lane on roads with two or more lanes in each direction.
In the event of not complying with one of these premises or carrying out the overtaking in an area of low visibility or when cyclists or mopeds circulate in the opposite lane, the driver commits a serious offense and is exposed to a fine of 200 euros and the loss of 6 points of the driving license after the reform of the Traffic Law that came into force in 2022. Until then, the loss was 4 points.