Is it permissible in this situation to overtake the cyclist?
Show the correct answer
Correct answer
NO
Explanation
In the video we are riding a moped along a city street with cars parked on both sides; a cyclist is riding on the left side of the roadway, and we are approaching and starting to go past them on the right; before the junction you can see a pedestrian crossing. In this situation overtaking the cyclist is not permitted - the answer is NO.
The Road Traffic Act requires you to overtake on the left. On the right you may only overtake a vehicle signalling a left turn, or overtake on a section with marked lanes - on a one-way roadway or, in a built-up area, when at least two lanes lead in the same direction. Here the lanes are not marked and the cyclist is not signalling a turn, so going past them on the right is prohibited. In addition, we are approaching a pedestrian crossing, and you must not overtake on a crossing or immediately before it. So you ride behind the cyclist and overtake them on the left, with a lateral clearance of at least 1 m, only after the crossing.
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)