As long as you don’t leave the road, you may legally pass a vehicle on the right:

When you are turning into a one-way street with no oncoming traffic.
Never.
Only during daylight hours.
If you are on a two-lane, two-way road and the other vehicle is turning left.
Explanation

As long as you don’t drive off the pavement or onto the shoulder of the road, you may legally pass a vehicle on the right if it is stopped on a two-way road, waiting to make a left turn. If there isn’t enough space for your vehicle to pass without leaving the pavement, you must wait patiently until the other driver completes the maneuver.

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This question appears in the following DMV practice tests: