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

(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.

Terms Used In Hawaii Revised Statutes 291C-43

  • Bicycle: means :

    (1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or
    (2) A low-speed electric bicycle, as defined under title 15 United States Code § 2085. See Hawaii Revised Statutes 291C-1
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 291C-1
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 291C-1
(2) The driver of a vehicle passing or overtaking a bicyclist proceeding in the same direction shall allow at least three feet of separation between the right side of the driver’s vehicle, including all mirrors or other protuberances, and the left side of the bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.
(3) 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 on audible signal and shall not increase the speed of the driver’s vehicle until completely passed by the overtaking vehicle.