Fine for overtaking on the right: when is there an exception?
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Detailed explanation, checklist and sources
Dutch traffic normally overtakes on the left. Overtaking on the right is permitted only in specific circumstances. A slow driver in the left lane does not automatically make passing on the right lawful. Check the situation and evidence.
On this page
1. Start with the general rule
Article11 RVV requires overtaking on the left. Consider what actually happened, not merely the word passing or whether you changed lanes. An empty lane between vehicles or the other driver unnecessarily staying left is not by itself a statutory exception.
2. Check markings and left turns
A driver positioned for and signalling a left turn is overtaken on the right. Drivers to the right of block markings may overtake traffic to their left on the right. Check the actual marking; an ordinary broken line is different. When merging, leaving the main carriageway or changing lanes, yield to other traffic.
3. Check queues and roundabouts
Article13 provides exceptions for queuing traffic; queues may be overtaken on the right. Article48 permits right-side overtaking immediately before or on roundabouts. Actual circumstances matter. Do not use under50km/h or a two-kilometre queue as automatic legal proof: these RVV articles contain no such general threshold.
4. Check vehicle and safety
Trams may be overtaken on the right. Cyclists may overtake other drivers on the right but must overtake other cyclists on the left. Exceptions do not remove other rules: overtaking a vehicle immediately before or on a pedestrian crossing is prohibited. Respect markings, priority and safe manoeuvring; this is not permission for a dangerous act.
5. Read the fine and evidence
The2026 official schedule lists €320 for R326 in a passenger car, excluding administration fees. Check category, code, date and location. The OM identifies vehicle count and estimated speed as relevant facts. Sketch lanes, markings and positions, preserve existing footage securely and obtain available statements or case documents.
6. Use the correct appeal route
For an M notice, appeal to the public prosecutor by the stated deadline through the official portal or by letter. Explain the specific exception or factual error. Awaiting documents does not automatically extend time. No payment is due yet during the first appeal; rejection brings new instructions and court appeal normally requires security. Use our existing appeal guidance.
May I pass a left-lane driver on the right without changing lanes?
Not automatically. Left-side overtaking remains the rule. An applicable exception is needed, such as actual queuing or the block-marking situation. Calling it passing does not create an exception.
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RVV · Artikelen11,12,13,48,54 ↗OM · Feitenboekje2026 R326 ↗OM · Administratief beroep ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.