Overtaking on the right: Which driver gets the ticket, you or the slow driver in the left lane?

You're driving on the highway and suddenly come across a car traveling peacefully in the left lane, even though the right lane is completely free. What should be an exception has become an everyday scene we've all experienced behind the wheel, as more and more drivers are occupying the left lane for extended periods of time , even when the right lane is free.

Regardless of the province or highway we drive on, this bad habit is common throughout Spain and affects drivers of all ages and backgrounds. According to the Directorate General of Traffic (DGT), up to 14% of users admit to driving in the left lane without overtaking anyone, a behavior that, far from being a mere nuisance, causes traffic jams , requires unnecessary maneuvers, and increases the risk of accidents.

The regulations are clear. You must always drive in the right lane and use the left lane only for overtaking or when traffic conditions require it. This is established in Article 31 of the General Traffic Regulations (RGC). This section specifies that you must "normally" drive in the lane "located furthest to your right," although it specifies that other lanes may be used "when traffic or road conditions so advise, provided that it does not impede the progress of another vehicle following you."

But what happens if a driver, tired of this behavior, decides to overtake on the right? Here the big question arises: who gets the fine, the one driving slowly in the left lane or the one overtaking on the right? The answer is clear: both can be fined independently. The regulations prohibit both driving in the left lane without justification and overtaking on the right outside of permitted conditions. Both behaviors are considered serious offenses and are punishable by a 200-euro fine—100 euros if paid within the voluntary deadline—each, although they do not entail the loss of license points.

Only in very specific situations is overtaking on the right permitted. Regarding highways , the only real exception is in traffic jams or very heavy traffic, when vehicles occupy all lanes and speed is determined by the car in front of them in each lane. In these cases, if the right lane moves faster than the left, it is not considered overtaking, but rather passing, and there is no penalty. Outside of these situations, overtaking on the right on highways remains a serious violation.

In urban environments, lane management is very different from that on highways. In cities, the priority is coexistence and safety, and regulations adapt to the variety of users: cars, motorcycles, bicycles, electric scooters , and, above all, pedestrians.

On streets with multiple lanes in each direction, regulations require driving in the right lane, just as on expressways, unless traffic or road conditions dictate using another lane. However, in the city, it's common to see vehicles occupying the center or left lanes during long journeys, especially on wide avenues or in heavy traffic.

Although it's not as punishable as on the highway, driving unjustifiably in the center or left lanes can impede traffic flow, and if you impede other vehicles, you can also be fined. The fine is the same as on the highway: 200 euros, with no points deducted.