Driving along the Spanish roads is to see, over and over again, a Right Lane empty. In fact, I have already heard more than once and twice that “I get in the right lane, I don’t move and I arrive before the left lane.” And the truth is that, in practice, that driver is probably right.
The problem is that, in theory, overtaking on the right is prohibited and doing so is severely punished. It is no less true that, unless an exception occurs, we must drive in the right lane whenever we leave town. That is to say, here the two drivers would be committing an infraction.
What happens in these cases? Let’s take a look at what the theory says to have everything much clearer.
How to drive and overtake correctly
When we have any doubt about whether or not we are committing an infraction, the simplest thing is to go to the Law on Traffic, Circulation of Motor Vehicles and Road Safety. Some specific details related to circulation do not appear here and we must go to the General Circulation Regulationbut in this case it is not necessary.
In the article 16.1 the following is expressed:
The driver of a car, which is not a vehicle for people with reduced mobility, or a special vehicle with the maximum authorized mass determined by regulation, must circulate on the road and not on the hard shoulder, except for emergency reasons, and must, in addition, abide by the following rules:
a) On roads with two-way traffic and two lanes, separated or not by road markings, you must drive on the one on your right.
b) On roads with two-way traffic and three lanes, separated by discontinuous longitudinal markings, you must also drive on the one to your right, and in no case on the one furthest to your left.
c) Outside of a town, on roads with more than one lane reserved for your direction of travel, you should normally drive in the one located furthest to your right, although you may use the rest of those in that direction when traffic or traffic conditions the road recommend it, on the condition that it does not hinder the progress of another vehicle that is following it.
In other words, in normal traffic circumstances, we must drive in the right lane and we can only position ourselves further to the left “when the circumstances of the traffic or the road make it advisable, provided that it does not hinder the progress of another vehicle that follow”. The most common exception to the rule in this case is a traffic jam.
If we pay attention to what the Law says regarding overtaking, we now go to the article 33where the following is read:
1.- On all roads, as a general rule, overtaking must be carried out to the left of the vehicle that is intended to be overtaken.
2.- As an exception, and if there is sufficient space for it, overtaking will be carried out on the right and taking maximum precautions, when the driver of the vehicle that is intended to be overtaken is clearly indicating his intention to change direction to the left or stop on that side, as well as on the roads with circulation in both directions, to the trams that run through the central area.
In addition, what is referred to in the Traffic Law, in the Article 83 of the General Traffic Regulations the following is noted:
2.- When the traffic density is such that the vehicles occupy the entire width of the road and can only circulate at a speed that depends on that of the one preceding them in their lane, the fact that those in one lane circulate more quickly than those of another will not be considered as an overtaking.
3.- In any section of the road where there are acceleration or deceleration lanes or lanes or parts of the road intended exclusively for the traffic of certain vehicles, the fact that it advances more quickly by those than by the normal ones will not be considered overtaking either. circulation, or vice versa
Fines for driving and overtaking incorrectly
Regarding the penalties for circulating and overtaking incorrectly, in both cases we advance to the Article 76 c) of the Traffic Lawin which the serious infractions are detailed and, therefore, punished with a fine of 200 euros.
Failure to comply with the provisions of this law in matters of right of way, overtaking, changes of direction or direction and reverse gear, direction of traffic, use of lanes and shoulders and, in general, any violation of special traffic regulations for reasons of safety or fluidity of traffic
In addition, in the case of overtaking, four points will be withdrawn when the person circulating in the opposite direction is endangered or hindered or the maneuver is carried out in places or circumstances of reduced visibility. In the case of overtaking a cyclist putting him in danger, hindering him or without leaving the minimum distance of 1.5 meters, the penalty is six points less on the driving license. But, these two point subtractions are not taken into account in the case of overtaking on the right.
Who receives the fine?
Here, there is nothing written in the Traffic Law or in the General Circulation Regulations that clarify who receives the fine in case of overtaking on the right, if the one who overtakes or the one who circulates incorrectly in the left or central lane.
In fact, an agent can fine the two drivers, since both would be committing an infraction that, as we have said, in both cases entails a fine of 200 euros.
If we understand that a vehicle circulates on the left or in a central lane without need, it should be fined before the one it overtakes, since it would already be committing an infraction. But let’s remember that acting incorrectly does not enable the overtaking driver to do the same. Therefore, everything depends on the moment in which the agent witnesses the poorly executed maneuver.
