In this scenario, as you near the crest of a hill on a two-way road, are you required to refrain from overtaking the motorbike?

In the photo you are driving on a two-way roadway outside a built-up area, without marked lanes, and approaching the crest of a hill; ahead of you there is a motorcycle, and you cannot see the road beyond the crest. You are obliged to refrain from overtaking the motorcycle. The answer is: yes.

The Road Traffic Act prohibits overtaking a power-driven vehicle travelling on the roadway when approaching the crest of a hill; on a two-way roadway the exception applies only to a section with marked lanes and only on condition that the driver does not enter the part of the roadway intended for traffic in the opposite direction where road markings prohibit this. There are no lines on this road, so lanes are not marked and the exception does not apply; a motorcycle is a power-driven vehicle, and by overtaking it you would be driving on the left half of the roadway at a place where you cannot see whether someone is coming from beyond the crest. In addition, you must keep a distance of at least 1 m from the motorcycle being overtaken. A head-on collision beyond the crest of a hill is one of the most common fatal scenarios on the roads. You stay behind the motorcycle and overtake only after the crest, on a straight section with good visibility.

Legal basis: Art. 24 para. 7 point 1, para. 8 point 2 and para. 2 of the Road Traffic Act (Prawo o ruchu drogowym)