A driver must not pass or attempt to pass on the right of another vehicle moving in the same direction when—
(a) approaching or crossing an intersection unless—
(i) the roadway is marked in lanes and the driver can make the movement without the driver's vehicle encroaching on a lane available for opposing traffic; or
(ii) in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road; or
(b) approaching or passing a flush median, unless the driver—
(i) intends to turn right from the road marked with the flush median into another road or vehicle entrance; or
(ii) has turned right onto the road marked with the flush median; or
(iii) can make the entire movement without encroaching on the flush median.
Compare: SR 1976/227 r 8(2), (2A)