39:4-85 Failure to pass to left when overtaking
Penalties set forth at 39:4-203 Fine or imprisonment notexceeding 15 days, or both
fines $50 $200 plus court costs and possible non renewal by insurance company
NJ MVC Points
39:4-85 Improper passing on right or off roadway
Plus 4 car insurance points
39:4-85 Passing to left when overtaking; passing when in lines; passing on right.
39:4-85. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
amended 1951, c.23, s.45; 2014, c.69, s.6.