Improper Passing Tickets in Pennsylvania (75 Pa.C.S. §§ 3303–3307)

What the offense actually is.

Section 3303 governs overtaking a vehicle on the left and is labeled improper passing in the § 1535 schedule at 3 points. It includes the rule under (a)(3) that a driver overtaking a pedalcycle must allow at least four feet of clearance and reduce speed to a careful and prudent level. Section 3304 addresses the more limited circumstances where overtaking on the right is permitted, also carrying 3 points when violated.

Section 3305 sets additional limitations on overtaking on the left, such as prohibiting a pass when the driver cannot see far enough ahead to complete it safely, and is likewise a 3-point offense. Section 3306 covers limitations on driving on the left side of the roadway generally, and this is the section with the sharpest internal distinction: subsection (a)(1), passing on the crest of a grade or an obstructed-view curve, carries 4 points, the heaviest of the group, while (a)(2), within 100 feet of or crossing an intersection or railroad crossing, and (a)(3), within 100 feet of a bridge, viaduct, or tunnel, each carry 3 points.

Section 3307 covers no-passing zones marked by signs or pavement striping. Subsection (b) prohibits driving left of a no-passing line anywhere within the zone, while subsection (a) is only enforceable where the signs or markings are actually in place and clearly visible to a driver approaching the area. This creates a genuine defense angle when the striping is worn, faded, or missing, since the prohibition depends on the marking being visible, not just present in theory.

Because all five sections fall under the same improper passing label in casual conversation and even in some officer paperwork, it is common for the specific subsection cited to get less attention than it deserves. A driver charged under the 4-point § 3306(a)(1) may, on closer review of the location and circumstances, actually fit better under a 3-point sibling section, which is a meaningful difference for a driving record.

What a conviction costs.

The point difference between these sections is not trivial. A conviction under § 3306(a)(1) adds 4 points, one more than the 3 points assessed for §§ 3303, 3304, 3305, 3306(a)(2), 3306(a)(3), or 3307. Since points accumulate toward suspension thresholds under § 1535, that extra point can matter over time, especially for a driver who already has points on the record.

Because these are moving violations, a conviction under any of these sections also tends to raise insurance premiums, and repeated passing violations can draw closer scrutiny from insurers and from PennDOT if combined with other citations. Identifying and, where appropriate, negotiating the correct subsection is one of the more concrete ways to limit the long-term impact of a passing ticket.

For the full point schedule and suspension thresholds, see the PA license points & suspension guide. If a magisterial district judge has already found you guilty, you have 30 days to file a summary appeal for a new trial at the Court of Common Pleas.