Under what condition is passing another vehicle on the right shoulder (berma) legal for a motorcycle in Chile?

1. Whenever traffic is heavy and the lanes are congested
2. Never: Article 121 states that overtaking on the right may in no case be carried out off the carriageway, and passing on the berma is classified as a grave infraction
3. Whenever the motorcycle has its hazard lights on
4. On interurban expressways during rush hour