§ 21-304. When passing on the right is permitted
(a) In general
Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:
(1) If the overtaken vehicle is making or about to make a left turn;
(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or
(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.
(b) Safe conditions required — The driver of a vehicle may overtake and pass another vehicle to the right only if it is safe to do so.
(c) Driving off roadway. —
(1) Except as provided in paragraph (2) of this subsection and for an operator of a bicycle or motor scooter, a person may not make the movement described under subsections (a) and (b) of this section by driving off the roadway.
(2) The driver of a vehicle may make the movement described under subsections (a) and (b) of this section by driving outside the marked lane onto the shoulder to overtake and pass a vehicle that is making or about to make a left turn if the driver can do so without leaving the paved surface.