[§291C-44]  When overtaking on the right is
permitted.  (a)  The driver of a vehicle may overtake and pass upon the
right of another vehicle only under the following conditions:



(1)  When the vehicle overtaken is making or about to
make a left turn;



(2)  Upon a street or highway with unobstructed
pavement not occupied by parked vehicles of sufficient width for and with lanes
marked for two or more lines of moving vehicles in each direction;



(3)  Upon a one-way street, or upon any roadway on
which traffic is restricted to one direction of movement, where the roadway is
free from obstructions and of sufficient width for two or more lines of moving
vehicles.



(b)  The driver of a vehicle may overtake and
pass another vehicle upon the right 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. [L 1971, c 150, pt of §1]