The legality of overtaking by the right

The legality of overtaking by the right

 "During a debate between friends, we couldn't agree on the legality of overtaking on the right when driving. While some said it was simply forbidden, others claimed that this type of manoeuvre did not always result in a penalty. We haven't managed to find a precise answer on the internet. What exactly is the situation? " 

Y, Nyon

Overtaking on the right is not as clearly regulated as you might think. Normally, overtaking on the right is prohibited. However, such a manoeuvre is permitted if the cars are travelling in parallel lanes or if, in a locality, the roads run in the same direction. However, overtaking is always forbidden if the car next to you stops to let a pedestrian pass.

In a case involving right-hand overtaking on the motorway, our Supreme Court specified that this manoeuvre is only lawful if traffic is dense in all lanes and there is a similar distance between vehicles travelling in the same direction. It went even further, admitting the possibility of overtaking from the right if, due to traffic overload, the cars in the left lane are not travelling as fast as their neighbours on the right. The driver can then overtake by staying in the right-hand lane, but cannot under any circumstances accelerate, which is why the term "passive overtaking" is used. It is therefore impossible for the driver to move back into the left-hand lane after completing his manoeuvre.

Anyone overtaking on the right when cars are not travelling in parallel lanes, for example when traffic is not sufficiently dense, is liable to a fine of CHF 140. In more dangerous cases, for example when a motorist overtakes from one lane to the other, the behaviour is considered to be a serious breach of the rules of the road, resulting in the withdrawal of the driver's licence or even a prison sentence. Unjustified overtaking on the right is therefore currently a severely punished offence.

However, the legal situation is set to change in January 2021. The Federal Council has just adopted a series of revisions to road traffic regulations, including the rules on overtaking on the right. Although still prohibited, the manoeuvre will now be more widely accepted and will no longer automatically be classed as a serious offence. While it may be punishable by a fine of up to CHF 250, it will no longer necessarily result in the withdrawal of your driving licence. Take care and enjoy the Whitsun weekend by driving as fast as you can, but as slowly as you have to, in the right lane!