Questione giuridica chiave
Whether right overtaking on the motorway constituted a gross violation of traffic rules under Art. 90(2) SVG.
Decisione estratta
Yes. Right overtaking on the motorway was not justified by parallel-column traffic and created an increased abstract danger; the conduct was grossly negligent and thus punishable as a gross traffic violation.
Motivazione estratta
The prohibition on right overtaking is an important safety rule. On a motorway with high speeds, drivers may rely on not being suddenly overtaken on the right. Here traffic on the left lane was slow, so a concrete danger of braking or evasive maneuvers was close, and the appellant's failure to observe the traffic on the left was reckless.