"The suggestion that Mathieu Lefevre was in any way at fault for the fatal crash demonstrates once again the lack of understanding of the rules of the road among NYPD officers, including, remarkably, members of the Accident Investigation Squad. NYPD seems to be relying on VTL Section 1123 in claiming that Lefevre should not have attempted to pass the truck on the right. But Section 1123 expressly allows passing on the right when there is enough unobstructed room in the roadway for two lanes of traffic."

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http://gothamist.com/2012/03/14/new_...lists_deat.php