Is it legal to pass on the right in Massachusetts in 2026? Yes, but only under narrowly defined circumstances. While Massachusetts law still treats left‑hand passing as the default, the statutes and recent case law permit a right‑hand pass when traffic conditions, lane markings, and safety considerations satisfy specific criteria. Ignoring those limits can expose drivers to citations, fines, and points on their record.
Legal framework governing right‑hand passing
Massachusetts General Laws Chapter 90, Section 6 outlines the basic rule: a driver must keep as far to the left as practicable when overtaking another vehicle. However, Section 145C of the same chapter adds an exception for “traffic moving in the same direction” when the driver “passes on the right” if the vehicle being overtaken is traveling at a slower speed or is making a left turn, and the road is marked for two or more lanes of travel in the same direction. The Registry of Motor Vehicles (RMV) incorporated these provisions into the 2025 Driver’s Manual, emphasizing that the right‑hand pass must not endanger other road users.
Situations where a right‑hand pass is permissible
- Multi‑lane highways – On a road with at least two marked lanes moving the same way, a driver may overtake on the right provided the left‑most lane is occupied and the overtaking vehicle stays within its lane.
- Left‑turning vehicles – When a vehicle ahead signals a left turn and begins the maneuver, a driver may pass on the right in the same lane, as long as there is sufficient space and no on‑coming traffic.
- Stopped or slowed traffic – If traffic ahead is stopped or moving significantly slower than the flow, a driver may use an adjacent right‑hand lane to pass, provided the lane is designated for travel and not a shoulder.
In all cases, the driver must signal, maintain a safe distance, and avoid swerving.
Enforcement, penalties, and recent updates
Massachusetts police departments enforce the right‑hand passing rule under the “Improper Passing” citation (M.G.L. 90, § 6). A first offense typically results in a $100 fine, three points on the driver’s record, and possible traffic school eligibility. Repeat violations can lead to higher fines and increased insurance premiums.
In 2025, the Commonwealth enacted an amendment clarifying that autonomous vehicle software must recognize the limited right‑hand passing exception, aligning technology with existing statutes. The 2026 RMV update also introduced an electronic warning system that alerts drivers when they attempt an illegal right‑hand pass in real time.
Can I pass on the right on a two‑lane road with a solid yellow line?
No. A solid yellow line indicates that passing in either direction is prohibited. The right‑hand pass exception applies only to roads with two or more lanes moving in the same direction.
Does a bike lane count as a travel lane for right‑hand passing?
No. Bike lanes are reserved for bicycles and are not considered a lane of vehicular travel. Passing in a bike lane is a violation and can result in a citation.
What if a driver in the left lane is turning left and I pass on the right?
You may pass on the right if the left‑turning vehicle has begun its turn and you can do so safely within the same lane. Signaling and maintaining a safe distance remain mandatory.
Are there any penalties for failing to signal before a right‑hand pass?
Yes. Failure to signal constitutes a separate moving violation (M.G.L. 90, § 6) and may add an additional $50 fine and one point to your driving record.
How do autonomous vehicles handle right‑hand passing under Massachusetts law?
Since the 2025 amendment, autonomous systems must be programmed to recognize the specific exceptions for right‑hand passing. Failure to comply triggers the same penalties as for human drivers, and manufacturers are subject to compliance audits by the Department of Transportation.