The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall yield to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
History. Acts 1937, No. 300, § 58; Pope's Dig., § 6716; A.S.A. 1947, § 75-609; Acts 2001, No. 220, § 1.
Case Notes
Instructions.
Overtaking Turning Vehicles.
Yielding Right of Way.
In an action to recover for injuries received when a bus attempted to pass the automobile in which the plaintiff was riding, it was alleged that the driver of the bus carelessly and negligently undertook to pass and go around the automobile without any signal or warning and this allegation was supported by testimony, and instruction telling the jury that, under former statute “the driver of any overtaking vehicle shall give audible warning with his horn or other warning device before passing a vehicle proceeding in the same direction” was not abstract, but responsive to the issues in the case. Crown Coach Co. v. Palmer, 193 Ark. 739, 102 S.W.2d 853 (1937) (decision under prior law).
Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-208 - 27-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).
It was error to embody this section in an instruction in a negligence action without also informing the jury that the section did not apply to the defendant being overtaken if he was making a lawful left turn, i.e., if he had given the proper signals for the left turn. Nelson v. Underwood, 244 Ark. 1065, 429 S.W.2d 102 (1968).
It was error to embody subdivision (2) of this section into an instruction in an automobile collision negligence case where both drivers had entered the passing lane, one to pass the other and the other to pass a third driver, and there was no evidence that either driver had sounded an audible signal. Smith v. Alexander, 245 Ark. 567, 433 S.W.2d 157 (1968).
There is no conflict between an instruction embodying this section and other sections concerning the manner of turning and changing lanes and the giving of signals in doing so and another instruction that instructs the jury that of two vehicles traveling in the same direction the one in front has the superior right to the use of the highway for the purpose of leaving it to enter intersecting roads or passageways. Wasson v. Warren, 245 Ark. 719, 434 S.W.2d 51 (1968).
Where court gave instruction in negligence case, quoting this section, which made reference to an audible signal despite the lack of any evidence that one was given, the instruction was abstract and could have been prejudicial, and thus constituted reversible error. Neal v. J.B. Hunt Transp., Inc., 305 Ark. 97, 805 S.W.2d 643 (1991).
Where no evidence was presented that defendant, in a personal injury action, sounded a signal as he passed plaintiff, proffered jury instruction which asserted that once the overtaking vehicle gives an audible signal the overtaken vehicle must yield the right-of-way, even though he has properly given a turn signal, was not relevant, and the trial court's refusal to give it was not error. Richey v. Luffman, 311 Ark. 81, 841 S.W.2d 622 (1992).
This section is not applicable if the driver of the overtaken vehicle is making a lawful turn and the proper signals have been given; the driver of the overtaking vehicle must handle his automobile in accordance with the idea that the forward vehicle has the superior right to the use of the highway for the purpose of leaving it to enter an intersecting road or passageway. Downs v. Reed, 247 Ark. 588, 446 S.W.2d 657 (1969).
Subdivision (2) places a duty on the overtaken driver to yield right of way only if the overtaking driver does use an audible signal. Richey v. Luffman, 311 Ark. 81, 841 S.W.2d 622 (1992).
Cited: Woods v. Pearce, 230 Ark. 859, 327 S.W.2d 377 (1959); Butler v. Dowdy, 304 Ark. 481, 803 S.W.2d 534 (1991); Kelley v. Medlin, 309 Ark. 146, 827 S.W.2d 655 (1992).