CHAPTER 11 - RULES OF THE ROAD

625 ILCS 5/11-704

Sec. 11-704. When overtaking on the right is permitted.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction SOS Administrative Action

Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8245, 8246, 8247
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Associated Offense Codes & Classifications (3)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Improper overtaking – on right 625 ILCS 5/11-704(a) Petty Offense Release on Notice Release Eligible 8245
Improper overtaking – on right, two-wheeled vehicle 625 ILCS 5/11-704(b) Petty Offense Release on Notice Release Eligible 8246
Improper overtaking – on right, drove off roadway 625 ILCS 5/11-704(c) Petty Offense Release on Notice Release Eligible 8247
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-704. When overtaking on the right is permitted.

(a)

(a) The driver of a vehicle with 3 or more wheels may overtake and pass upon the right of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn. 2. Upon a roadway with unobstructed pavement of sufficient width for 2 or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle. 3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles. (b) The driver of a 2-wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than 8 feet. This subsection does not apply to devices propelled by human power.

(c)

(c) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

(Source: P.A. 102-558, eff. 8-20-21.)

Cross-Referenced ILCS Codes