Is it permissible to overtake a motor vehicle from the right on this road outside a built-up area?
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Correct answer
NO
Explanation
In the photo you are driving in fog on a two-way road outside a built-up area; the roadway has two lanes in each direction, you are in the right-hand lane, and a lorry is driving in the left-hand lane ahead of you. On this road, overtaking a power-driven vehicle on the right is not permitted. The answer is: no.
The Road Traffic Act requires you to overtake on the left and allows overtaking on the right on a section of road with marked lanes on a one-way roadway, or on a two-way roadway if at least two lanes in a built-up area, or three lanes outside a built-up area, are intended for travel in the same direction. The roadway in the photo is two-way and has only two lanes in your direction, and the road is outside a built-up area - three lanes would be needed, so overtaking on the right is prohibited here. The difference comes from speed: outside towns traffic is faster, and a driver in the left-hand lane does not expect anyone to pass them on the right, where visibility in the mirrors is worse. If you want to overtake the lorry, you change to the left-hand lane - and in fog you consider whether to overtake at all.
Legal basis: Art. 24 para. 3 and para. 10 of the Road Traffic Act (Prawo o ruchu drogowym)