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burden of proof req.
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Limitations on Overtaking on Left
1986- Tort Liability
C - 3.5
A vehicle may not be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or the vehicle overtaken. The overtaking vehicle must return to an authorized lane of travel as soon as practicable and before coming within two hundred (200) feet [60.96 meters] of any vehicle approaching from the opposite direction.
 
NDCC 39-10-13
(2002 - reviewed with no changes)