Quick Summary:
- Passing on the right is legal when lanes continue and it is safe.
- It is illegal if you leave the roadway, use shoulders, or cross gore areas.
- Watch for signs restricting lane use, exits only, and HOV controls.
- Signal early, keep speed steady, and avoid sudden multi-lane weaving.
Driving in Texas for the first time in a car hire can feel fast-paced, especially on multi-lane highways around Dallas-Fort Worth, Houston, Austin, and El Paso. One question comes up repeatedly, can you pass on the right, sometimes called undertaking, and when does it cross into illegal or ticket-worthy behaviour? The short answer is that Texas allows passing on the right in specific circumstances, but it becomes illegal quickly if you use the shoulder, leave the paved roadway, or make an unsafe lane change.
This guide explains the practical rules you need on Texas highways, the signposted exceptions that often catch visitors out, and the driving habits that help you avoid an “unsafe lane change” stop in a hire car.
Is passing on the right legal in Texas?
Yes, passing on the right can be legal in Texas. Texas road law generally permits it when conditions make it safe and when the roadway is designed to accommodate it, for example, on a multi-lane highway where traffic is moving in the same direction and you remain within marked lanes.
In practice, the legality turns on three factors: whether you stayed on the roadway, whether the lane you used was a lawful travel lane (not a shoulder or ramp gore), and whether your lane change and speed were safe for conditions.
If you are collecting a car hire at Fort Worth DFW Airport and joining an interstate, you will immediately see how common right-side passing is during heavy traffic. It is not automatically illegal, but it is heavily policed when drivers do it aggressively or illegally use non-travel areas to “skip the queue”.
When passing on the right is typically permitted
Passing on the right is most likely to be permitted when you meet all these conditions at once:
You stay in a marked travel lane. On most interstates and major US highways, the right lane is a normal travel lane, not just an “exit lane”. If traffic in the left lane is moving slowly, you may overtake on the right while staying within the lane markings.
The roadway is wide enough and conditions are safe. Texas expects drivers to judge safety. If visibility is good, the surface is dry, and you have adequate space, passing on the right is more defensible than in rain, fog, or heavy congestion.
You are not speeding or tailgating. Even if the pass itself is lawful, exceeding the speed limit or following too closely can be the reason you are stopped.
The vehicle you are passing is not indicating to the right. If the other vehicle is moving right to exit or change lanes, accelerating past on the right invites a collision and can be considered unsafe.
A good rule for any car hire is to treat right-side passing as something you allow to happen naturally rather than something you force. If you find yourself accelerating hard or darting into gaps, it is time to reassess.
When passing on the right becomes illegal in Texas
Texas drivers often get ticketed not for “passing on the right” in a general sense, but for the manoeuvres that accompany it. These are the big red flags.
Using the shoulder to pass. Driving on the shoulder, whether paved or unpaved, to get around slower traffic is typically illegal and is frequently enforced. Shoulders are for breakdowns and emergencies, and they contain debris that can damage tyres on a hire vehicle.
Leaving the roadway. If you cross out of the travel lanes onto an area that is not intended for vehicles, such as grass, dirt, or a separator area, the pass is illegal and dangerous.
Crossing gore areas or solid white lines near exits. The triangular striped area between a through lane and an exit ramp (the gore area) is not a driving lane. Cutting across it to overtake or to make a late exit can earn a citation and can cause severe crashes.
Passing where the right lane is not a through lane. If the right lane is marked “Exit Only” or becomes a mandatory turn lane, using it purely to pass and then forcing back in can be considered improper lane use or unsafe lane change.
Passing on the right on a two-lane road by going off the main-travelled portion. On smaller roads, the “right side” often means the shoulder. That is a common trap for visitors leaving major airports and navigating surface streets to hotels.
If you are driving from Houston IAH into the city during peak traffic, the temptation to use any available space is high. Resist anything that involves striped zones, shoulders, or sudden crossing of solid lines, because those are both illegal and obvious to patrol units.
Common signposted exceptions and lane controls to watch for
Signage matters. Even when passing on the right is generally allowed, signs can create lane-specific rules that change what is legal in that moment.
“Exit Only” and dedicated exit lanes
On many Texas freeways, the rightmost lane may be a dedicated exit lane for the next interchange. Signs typically show a yellow “Exit Only” panel under the route shield. If you enter that lane, you should be prepared to exit. Using it as a passing lane and then cutting back left at the last second is a common reason for stops.
HOV or managed lanes
Some corridors use managed lanes with specific entry points. If those lanes are on the left, it affects passing choices because traffic patterns change rapidly near access openings. Do not cross solid white lines to enter or exit, even if you are only trying to overtake.
Lane drops and merge warnings
“Lane Ends” signs create predictable pinch points where people try to jump ahead. Passing on the right at a lane-drop often leads to aggressive merges. If you are in a car hire, it is usually safer to choose a lane early and maintain a steady gap.
Construction zones
Texas roadworks can narrow lanes, shift markings, and reduce shoulders to almost nothing. Passing on the right in these zones is risky, and speeding fines may be increased. In a work zone, the safest approach is to avoid overtaking unless it is clearly necessary and you have ample space.
If your trip includes Austin’s faster ring roads after picking up near Austin AUS, watch closely for lane-control signs before interchanges. Many “right lane” sections are designed for exit traffic, not steady overtaking.
How to avoid an unsafe-lane-change stop in a hire car
Many traffic stops that travellers describe as “for undertaking” are actually cited as unsafe lane change, failure to signal, improper lane use, or speeding. Here is how to reduce the risk.
Signal early and keep it on long enough. Signalling is required for lane changes, and it is one of the easiest ways to look predictable to both police and other drivers. A brief flick that no one can see is not your friend.
Change one lane at a time. Sweeping across two or three lanes in one move, especially near interchanges, looks aggressive and is harder to justify as safe. Make a lane change, stabilise, then make the next if needed.
Match the flow, without creeping up too fast. A big speed differential is what makes right-side passing feel dangerous. If you are going much faster than the lane you are passing, reduce speed and wait for a clearer gap.
Leave a clear following distance. Tailgating in the right lane while preparing to pass is a common pattern that draws attention. Keep a sensible buffer so you can brake smoothly if someone merges.
Do not “dive” into an exit lane to pass. If the right lane is about to peel off, treat it as an exit commitment. Entering it and then forcing back left is one of the most obvious unsafe behaviours on Texas highways.
Avoid the shoulder, even if it is wide and paved. A wide shoulder can look like another lane to visitors. It is not. Debris, stopped vehicles, and enforcement risk make it a poor choice.
Be cautious around large trucks. Passing trucks on the right can be legal, but it is riskier due to blind spots. If you do it, do it calmly, without lingering, and make sure you are visible in mirrors.
These habits matter even more if you are driving a larger rental, such as an SUV. If you have chosen something bigger for family travel, such as through SUV rental options in Austin, remember that longer stopping distances and wider blind spots make quick lane changes harder to justify as safe.
Highway etiquette versus the legal minimum
Texas law may allow right-side passing, but local expectations can still affect safety. Many drivers treat the left lane as the faster lane, and slower traffic is expected to keep right. When someone camps in the left lane, traffic often flows around them on the right. That does not automatically make it wise for you to do the same at high speed in a car hire.
A safer approach is to focus on smooth driving: choose a lane that matches your pace, pass when you have plenty of room, and avoid competitive lane jockeying. If you need to reach an exit, plan early rather than relying on late right-lane moves.
What to do if you are pulled over
If you are stopped, stay calm and keep your hands visible on the wheel. Texas officers will typically ask for your driving licence and rental agreement details. Be polite, do not argue roadside, and answer questions briefly. If you are unsure what rule you violated, you can ask which specific offence is being cited. In a car hire, also be careful to follow the rental company’s instructions about reporting any tickets or incidents.
If your journey takes you through major hubs with heavy enforcement, such as the DFW area, knowing your rental details helps. Hola Car Rentals provides comparison pages such as National at Fort Worth DFW and Thrifty at Dallas DFW, where travellers often check pick-up requirements before driving away.
Bottom line for Texas car hire drivers
You can pass on the right on many Texas multi-lane highways, provided you stay in a lawful travel lane and the movement is safe. It becomes illegal, and dangerous, when you use the shoulder, cross striped gore areas, ignore lane-control signs, or weave abruptly. Drive predictably, signal clearly, and treat right-side passing as a normal flow choice, not a tactic to gain a few car lengths.
FAQ
Is “undertaking” actually a defined offence in Texas? Texas law does not typically use the UK term “undertaking”. Stops usually relate to unsafe passing, improper lane use, failing to signal, using the shoulder, or speeding.
Can I pass on the right if the left lane is blocked by a slow driver? Often yes on a multi-lane highway, as long as you remain in a marked lane, obey speed limits, and the pass is safe for traffic and visibility.
Is it illegal to use the shoulder to get past traffic near an exit? Yes, using the shoulder to pass is generally illegal and heavily enforced, even if the shoulder is wide or paved.
Do solid white lines near exits matter in Texas? Yes. Solid white lines and striped gore areas indicate zones you should not cross. Cutting across them to pass or to make a late exit can lead to a citation.
What is the simplest way to avoid an unsafe-lane-change ticket? Signal early, change one lane at a time, keep a steady speed, and avoid sudden merges across multiple lanes, especially near interchanges and “Exit Only” lanes.
