In the situation shown, the orange car cannot simply use its position on the right to overtake the black car.
In France, overtaking is normally done on the left. Therefore, having a clear lane on the right does not automatically give you the right to pass a vehicle traveling in the left lane.
But above all, we need to look at the configuration of this image.
The lane of the orange car is marked with an arrow indicating a trajectory to the right.
Therefore, it is not simply a parallel lane intended to allow the orange car to overtake the black car.
The orange car is following a different trajectory.
That is why it would be incorrect to interpret the scene as a classic overtaking maneuver on the right.
The trap lies in the position of the cars
What makes this image misleading is that our gaze naturally focuses on the vehicles.