Just look at the road.
You see two trajectories.
The black car follows the trajectory corresponding to its lane.
The orange car is on a road where the arrow indicates a fork to the right.
Road safety
This completely changes the way we interpret the scene.
If you answered “yes” only because the orange car is in a clear lane, then your first answer deserves to be checked.
Overtaking rules must also be taken into account.
In normal traffic, overtaking is usually done on the left.
Passing in front of a vehicle on the right is not considered an ordinary, permitted overtaking maneuver.
Mobile phones
This is an important distinction.
One vehicle may end up in front of another because the lanes follow different trajectories.
This does not automatically transform this situation into an overtaking maneuver.
In the image, the orange lane is heading to the right.
The black car continues on a different trajectory.
