In this situation, is it permitted to overtake the cyclist from the right?
Show the correct answer
Correct answer
NO
Explanation
In the video we are riding a moped along a street marked with sign A-17 "children"; in front of us, close to the centre line of the roadway, there is a cyclist in a helmet and a high-visibility vest, leaving free space on the right, and further on you can see sign D-1 and a pedestrian crossing. In this situation overtaking the cyclist on the right is not permitted - the answer is NO.
The Road Traffic Act requires a driver who is overtaking to pass on the left side of the vehicle being overtaken. It allows overtaking on the right only in special cases: when the vehicle is signalling a left turn, or on a section with marked lanes, when there are at least two lanes in the same direction. The cyclist is not turning left, and the street has one lane in each direction. Free space on the cyclist's right does not give you the right to overtake them that way - riding closer to the middle is not signalling a left turn. In addition, we are approaching a pedestrian crossing, and you must not overtake before it.
Legal basis: Art. 24 para. 2, 3, 5 and 10 and Art. 26 para. 3 point 1 of the Road Traffic Act (Prawo o ruchu drogowym)