Question juridique clé
Whether the indictment sufficiently alleged the facts for unlawful right-side passing under Art. 36(5) VRV
Solution extraite
The indictment was sufficient because the factual description of the alleged maneuver covered the same life event as the traffic-rule offense; a separate reference to nonexistent convoy traffic was unnecessary.
Motifs extraits
Right-side passing and prohibited right overtaking overlap factually. Since overtaking under Art. 35(1) SVG does not require a lane change, the charging document need not also negate convoy traffic, which would have made the conduct permissible.