Is It Legal or Illegal To Travel In the Passing Lane In New York State? Here’s What You Need to Know

Whether you are on your commute to and from work or making a quick run to Stewart's, there is a good chance you are going to see someone doing something that annoys you while on the roadways of New York. Being annoyed is one thing, doing something illegal is a whole different matter.

Traveling in the passing lane of the New York State Thruway, for example, is certainly annoying but is it illegal?

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There are more than a few things that we see on the road everyday that you wonder, is that legal? Here are some examples of things we see all the time but you might not be certain of;

• Flashing your headlights as a warning - Legal or illegal?
• Turning left on red - Legal or illegal?
• Hanging items from your rearview mirror - Legal or illegal?
• Rolling your window down when stopped - Legally required or not?

Take any road in New York State that has at least 2 lanes heading in the direction that you are driving. The lane on the right is the travel lane and the lane on the left is the passing lane. The dictionary defines passing lane as

a part of a road or highway that drivers use to pass other vehicles - Merriam-Webster

According to New York State vehicle and traffic law § 1120 and § 1122, as referenced in part by Attorneys Matthiesen, Wickert and Lehrer;

Drivers must drive in the right lane and use the left lane for passing only. Drivers must drive in the right lane, except when passing another vehicle; when overtaking or passing bicyclists, pedestrians, animals, or obstructions on the right half of the roadway. Slower traffic must keep right.

Hopefully some of the passing lane travelers are seeing this.