You may pass on the right of another vehicle:

When traveling on a multi-lane highway with two or more lanes of traffic in the same direction.
When the other vehicle is waiting to turn left, when a lane is provided to pass on the right.
All of the above.
Explanation

Passing on the right is allowed when the other vehicle is making or about to make a left turn, provided there is sufficient pavement width for both your vehicle and the other vehicle. It is also allowed when driving on a multi-lane highway with two or more lanes of traffic in the same direction. Never pass on the left if the driver is signaling a left turn.

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This question appears in the following DMV practice tests: