I would like to find out whether it is legal to overtake a turning vehicle in an intersection and if not, where is it specified in the Act.


Sorry, I just need clarification. Do you mean overtaking on the left if the vehicle is turning right?

If so – reg 298(1)(a) applies.


Passing of vehicle

Reg 298.               (1)          Subject to the provisions of subregulation (2) and

(4) and regulation 296, the driver of a vehicle intending to pass any other vehicle proceeding in the same direction on a public road shall pass to the right thereof at a safe distance  and shall not again drive on the left side of the roadway until safely clear of the vehicle so passed:

Provided that, in the circumstances as aforesaid, passing on the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with safety to himself or herself and other traffic or property which is or may be on such road and—

(a)          the vehicle being passed is turning to its right or the driver thereof has signalled his or her intention of turning to his or her right;

(b)          such road is a public road in an urban area and—

(i)            is restricted to vehicles moving in one direction; and

(ii)           the roadway is of sufficient width for two or more lines of moving vehicles;

(c)           such road is a public road in an urban area and the roadway is of sufficient width for two or more lines of moving vehicles moving in each direction;

(d)          the roadway of such road is restricted to vehicles moving in one direction and is divided into traffic lanes by appropriate road traffic signs; or

(e)          he or she is driving in compliance with the directions of a traffic officer or is driving in traffic which is under the general direction of such officer, and in accordance with such direction:

Provided further that in no event shall any passing referred to in paragraph (a), (b), (c) or (d) be done by driving on the shoulders of the roadway or on the verge of the public road concerned.

(2)          The driver of a vehicle shall not pass other traffic proceeding in the same direction on a public road when approaching—

(a)          the summit of a rise;

(b)          a curve; or

(c)           any other place,

where his or her view is so restricted that any such passing could create a hazard in relation to other traffic which might approach from the opposite direction, unless—

(i)            he or she can do so without encroaching on the right hand side of the roadway; or

(ii)           the roadway of such road is restricted to vehicles moving in one direction.

(3)          The driver of a vehicle on a public road shall, except in the

circumstances referred to in the first proviso to subregulation (1), upon becoming aware of other traffic proceeding in the same direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or herself or other traffic or property on the roadway, and shall not accelerate the speed of his or her vehicle until the other vehicle has passed.

(4)          When about to pass oncoming traffic, the driver of a vehicle on a public road shall ensure that the vehicle driven by him or her does not encroach on the roadway to his or her right in such manner as may obstruct or endanger such oncoming traffic.

(5)          The driver of a vehicle intending to pass a stationary bus on a public road shall do so with due care for the safety of persons who are approaching or leaving or may approach or leave such bus.




Alta Swanepoel & Associates

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2 thoughts on “What are the rules of the road on overtaking a vehicle turning at an intersection?

  1. Susan

    You did not answer the question. Is it legal to overtake another vehicle travelling in the same direction in an intersection.

  2. Further to the above. If two vehicles are approaching a T-junction to the right on a dual carriage road is it permissible for the 2nd vehicle to over take the 1st vehicle in the intersection?

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