Most drivers have been in a situation where they will be passed or will pass another vehicle. What are you legally required to do when passing a vehicle?

Florida Statute 316.083 Overtaking and passing a vehicle.—The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(3) A violation of this section is a noncriminal traffic infraction with a fine of $163.00.

If you are going to pass a vehicle, please use your blinker to let the driver you are passing know that you are passing them. You are also required to use your blinker again after you have safely passed the vehicle, to again let them know that you are changing lanes in front of them. Easy enough. Please DO NOT be “THAT GUY” who speeds up when someone is passing them. This is not only illegal, but it is dangerous. If you can not pass safely, it would be better to wait until you can. If you are passing a bicycle, you are required to give them 3ft of roadway between you and their bicycle.

Have a great day and drive safely.



CAPE CORAL POLICE DEPARTMENT | Public Affairs Office | 1100 Cultural Park Boulevard | Cape Coral, FL 33990 | (239) 242-3341