Passing another vehicle is something drivers do every day, often without giving it a second thought. However, California law has strict rules about when and how drivers can safely pass on a two-lane highway. One of the most important rules is outlined in California Vehicle Code Section 21751 CVC, which prohibits passing when there isn’t enough clearance to do so safely. Failing to follow this rule can result in a traffic citation, points on your driving record, increased insurance rates, or worse—being held responsible for a serious accident.
This page breaks down everything you need to know about California Vehicle Code § 21751 CVC. If you’ve been cited for passing without sufficient clearance, or you’re simply trying to avoid future mistakes, this guide will help you understand what the law means, how it’s enforced, and what you can do if you’re facing a ticket.
What California Vehicle Code § 21751 CVC Says
According to the law, a driver cannot move into the opposite lane to pass another vehicle on a two-lane road unless the left side of the road is clearly visible and free of oncoming traffic for a long enough distance to make the pass safely. You must complete the pass without interfering with any vehicle coming from the opposite direction. If you can’t meet those conditions, the pass is considered illegal.
In simple terms, this means you should only pass when you can clearly see that it’s safe—no blind curves, no hills that block your view, and no vehicles coming toward you in the other lane. If there’s any doubt, the law says you should not make the pass.
When Passing Is Not Allowed
Even if the road looks clear at first glance, certain conditions automatically make passing illegal. These include areas near curves, hill crests, tunnels, bridges, and intersections where your view of oncoming traffic is limited. These areas are considered high-risk, and the law prohibits passing there regardless of how confident you may feel. Road markings such as double yellow lines also indicate no-passing zones, which must be obeyed at all times.
What Happens If You’re Cited
Getting a ticket for violating California Vehicle Code § 21751 CVC is a traffic infraction, not a criminal offense. That said, the consequences can still be serious. The fine for this violation typically starts around $238, but with court fees and penalties, the total amount you owe can be higher. In addition to the fine, you will also receive one point on your driving record. That point can lead to increased insurance premiums and could contribute to license suspension if you accumulate too many points within a short period of time.
In many cases, you may be eligible to attend traffic school to mask the point from your record. However, you will still be responsible for paying the fine and any court-related fees.
Can You Fight a VC § 21751 Ticket?
Yes, you can challenge a ticket for passing without sufficient clearance. A successful defense might show that you had enough visibility and time to make the pass safely, or that the officer misjudged the situation. If you have dashcam footage, photos, or witness testimony that supports your case, those can be extremely helpful. Other times, procedural errors on the citation itself could result in the ticket being dismissed.
It is also possible to dispute the citation through a written declaration, meaning you can fight the ticket without appearing in court in person. This can be especially useful if you have strong documentation and a clear, logical explanation of why the pass was legal.
Driving Safely and Legally
To stay on the right side of the law and avoid unnecessary tickets or accidents, always make sure you have a clear, unobstructed view of the road ahead before passing. Don’t take chances with limited visibility, and never pass near curves, hills, or in marked no-passing zones. Patience behind the wheel could save you from fines, insurance increases, and possibly even a serious collision.
Need Help with a Traffic Ticket?
If you’ve received a ticket for passing without sufficient clearance under California Vehicle Code § 21751, you’re not alone—and you don’t have to fight it alone either. The team at Southwest Legal is experienced in handling traffic violations and fighting citations. Whether you want to challenge a ticket, explore your legal options, or simply get advice on the best next steps, we’re here to help. Contact us today for a free consultation and let us help you protect your driving record and your peace of mind.
