APS Wrong Again
As is not unusual, APS is wrong see 3(c) below (hint: the shoulder is off the roadway):
§ 21-304. When passing on right is permitted.
(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:
(1) If the overtaken vehicle is making or about to make a left turn;
(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or
(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.
(b) Safe conditions required.- The driver of a vehicle may overtake and pass another vehicle to the right only if it is safe to do so.
(c) Driving off roadway.- The movement described under subsection (b) of this section may not be made by driving off the roadway.
Legal Resources
Turns out that it's legal to pass a stopped car on the shoulder, but not block traffic
As is not unusual, APS is wrong see 3(c) below (hint: the shoulder is off the roadway):
§ 21-304. When passing on right is permitted.
(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:
(1) If the overtaken vehicle is making or about to make a left turn;
(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or
(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.
(b) Safe conditions required.- The driver of a vehicle may overtake and pass another vehicle to the right only if it is safe to do so.
(c) Driving off roadway.- The movement described under subsection (b) of this section may not be made by driving off the roadway.
Legal Resources