The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at

a safe distance to the left thereof and shall not again drive to the right side of the roadway until

safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more

substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title

shall not be considered as prohibiting the vehicles in one line overtaking and passing the

vehicles in another line either upon the right or left, nor shall those provisions be construed to

prohibit drivers overtaking and passing upon the right another vehicle which is making or about

to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give

audible warning with his horn or other warning device before passing or attempting to pass a

vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this

section only under conditions permitting such movement in safety. In no event shall such

movement be made by driving off the pavement or main-traveled portion of the roadway.

Amended by L.1951, c. 23, p. 82, s. 45.