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

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

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

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

(b)  The driver of a vehicle may overtake andpass another vehicle upon the right only under conditions permitting suchmovement in safety.  In no event shall such movement be made by driving off thepavement or main-traveled portion of the roadway. [L 1971, c 150, pt of §1]