N.C.P.I.—Motor Vehicle 205.60

The motor vehicle law provides that when vehicles are traveling in

the same direction overtaking and passing on the right is prohibited.

A violation of this law is negligence within itself.

(Do not use any part of the remainder of this instruction

except as the evidence justifies.)

(However, by way of exception, the motor vehicle law permits

overtaking and passing on the right:

[if the vehicle being overtaken is in a lane designated for left turns,

such operation would not violate the law and would not be negligence]

[if the overtaking vehicle is on a [street] [highway] with

unobstructed pavement of sufficient width which has been marked for two

or more lanes of moving vehicles in each direction and are not occupied

by parked vehicles, such operation would not violate the law and would

not be negligence]

[if the overtaking vehicle is on a one-way street when such street

is free from obstructions and is of sufficient width and is marked for two

or more lanes of moving vehicles which lanes are not occupied by parked

vehicles, such operation would not violate the law and would not be

negligence]

[if the overtaking vehicle is on a highway on which traffic is

restricted to one direction of movement when such highway is free from

obstructions and is of sufficient width and is marked for two or more

lanes of moving vehicles which lanes are not occupied by parked vehicles,

such operation would not violate the law and would not be negligence]

[if the overtaking vehicle is in a lane designating a right turn on a

red traffic signal light, such operation would not violate the law and

would not be negligence]).

The burden of proof is on the operator of the vehicle passing on the

right to prove, by the greater weight of the evidence, that the operation

of the vehicle is within [this exception] [one of these exceptions].1