Overtaking can appear routine when a vehicle ahead is moving slowly, but it creates substantial risk. Before starting the maneuver, a driver must consider the location, traffic in both directions, the vehicles ahead, and whether there is enough space to pass and return safely.
What Article 101 requires
Article 101 of Taiwan's Road Traffic Safety Regulations sets out both the circumstances in which overtaking is prohibited and the sequence drivers must follow when overtaking in the same lane is permitted.
Article 101 prohibits overtaking on road sections with signs for bends, steep slopes, narrow bridges, tunnels, or intersections, and at railroad crossings or roadwork areas.
It also prohibits overtaking at places or road sections with school or hospital signs, with other no-overtaking signs or markings, when an oncoming vehicle is approaching, or when two or more vehicles are traveling in a line ahead.
When seeking to pass a vehicle in the same lane, the driver behind must first sound two short horn signals or flash the headlights once. The driver must not repeatedly sound the horn or flash the headlights to force the vehicle ahead to yield.
The driver behind may pass only after the vehicle ahead has slowed and moved aside, or has indicated by hand signal or right turn signal that it is yielding.
The passing driver must then signal left, pass on the left while keeping at least 0.5 meters from the vehicle being passed, establish a safe distance, signal right, and return safely to the original lane.
Following this signaling and yielding sequence for overtaking in the same lane does not permit a driver to overtake in a prohibited location or under prohibited conditions. Drivers must assess all of Article 101's requirements before beginning the maneuver.
An anonymized accident case handled by the firm
In an anonymized case handled by this firm, a motorcyclist, referred to here as A, was riding with passenger B on a mountain road. Two passenger cars were traveling ahead. The first car, Vehicle 1, was moving slowly, so Vehicle 2 and the motorcycle behind it were also traveling slowly.
A attempted to pass both cars, entered the oncoming lane, and accelerated. Vehicle 2 was also preparing to overtake Vehicle 1 and entered the oncoming lane less than one second after activating its turn signal. The motorcycle had too little time to brake and collided with Vehicle 2.
B suffered a severe head injury and died at the scene. A lost consciousness and was taken to the hospital.
The families of A and B initially believed that Vehicle 2's rapid lane change was the primary cause of the collision. The matter proceeded to litigation, during which multiple expert assessments of the accident were conducted.
According to those assessments, A was assessed as bearing primary responsibility for the collision. That conclusion was limited to the facts of this case. The assessments considered together A's attempt to pass two vehicles traveling in a line ahead, entry into the oncoming lane, speed that left too little time to brake, and failure to give the prescribed horn or headlight signal, as well as Vehicle 2's lane-change maneuver, the road and lane configuration, and the other available evidence.
This case-specific result does not mean that one omitted signal will always determine liability. Fault in an overtaking collision depends on the location, lane configuration, speed, vehicle movements, signals, timing, visibility, and other available evidence.
Key factors in assessing accident liability
Before overtaking, first determine whether the location or traffic conditions make the maneuver prohibited. Where the same-lane procedure applies, use the prescribed horn or headlight signal without trying to force the vehicle ahead to yield, wait for a clear indication of yielding, and complete the passing sequence with adequate clearance and a safe return distance.
Compliance with Article 101 is important, but it does not by itself guarantee that an accident will be avoided or any particular outcome in a later expert assessment or lawsuit. Drivers should leave additional safety margins and respond to the road conditions in front of them.
For supplementary reading, see Illustrated guide to overtaking rules and steps. Because it is a secondary source, consult the current official regulations when checking the legal requirements.
See also:
This article provides general legal information about Taiwan overtaking rules and how fault may be assessed after an overtaking collision. It is not legal advice for any specific matter and does not guarantee any liability outcome. Actual liability may vary with the location, vehicle movements, speed, signals, evidence, expert assessments, and the current regulations. Specific matters should be reviewed against the relevant materials.
