North Dakota Code § 39-10-12

When overtaking on the right is permitted
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1. The driver of a vehicle may overtake and pass upon the right of another vehicle only 
under the following conditions:
a. When the vehicle overtaken is making or about to make a left turn; or
b. Upon a roadway with unobstructed pavement of sufficient width for two or more 
lines of vehicles moving lawfully in the direction being traveled by the overtaking 
vehicle.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only 
under conditions permitting such movement in safety. Such movement may not be 
made by driving off the roadway.

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