Hghway code 268

[silverfoxcc]

scenario

any motorway with the usual L3 mob coupled with the middle lane hoggers


L3 is doing 65-70 with the resultant bunching at times
L2 are bimbling along at 55-60
L1 is completely clear

I am in L1 and always have been, except when overtaking slower traffic and the gaps in L2 allow me to do so. I am now approaching this batch of traffic. HC says i can pass the traffic on my right and keep up with the traffic in my lane, but my lane is clear as far as i can see.
Therefore can i pass at a speed up to the posted limit, bearing in mind plenty of due care and attention is taken,
OR will BiB look upon this as undertaking?
The HC says it is ok to do, yet the law (depending on what mentality of the police you get) will/may say it is illegal and an offence.

[jonquirk]

My own view on this question is that if you are seen to be moving from L2 or L3 to L1, passing the traffic in those lanes and then moving out to L2 or L3 then you are "undertaking."

If you are seen to approach in L1 and continue past in L1 than as far as I am aware that is maintaining progress in your lane and I would feel justified in speeding up to NSL to pass quickly and minimise the time spent in a situation with three vehicles alongside each other.

It's the weaving about that undertaking involves that causes confusion to others and is likely to attract unwelcome attention from the BiB.

[waremark]

The HC says it is ok to do, yet the law (depending on what mentality of the police you get) will/may say it is illegal and an offence.

It is an excellent question with no clear answer. There is no offence of overtaking on the left, you could only be prosecuted for driving without due care, and I think it is extremely unlikely that any policeman would bring such a charge for 'undertaking' unless the driver was weaving in and out of traffic to make progress. There would still be a defence that you did it very carefully.

The media excitement over police being able to hand out penalties for tailgating etc did not involve the introduction of any new offences - but traffic police if there are any may become more inclined to bring charges for without due care if they know that is unlikely to require them to give evidence in court, subject to somewhat subjective assessment by magistrates about what constitutes the driving of a careful and competent driver.

PS - crossed in post with previous similar response.

[martine]

I recently asked a traffic policeman this very question in a scenario much as you described...he said he would stop the L1 driver 'as it's flippin dangerous'. It wasn't the answer I was looking for.

[silverfoxcc]

martine, see my bit about ploice mentality!!!

I am one of those rare breed of drivers who feels uncomfortable driving in L2/3 when there is no other traffic, it just doesn't seem right, so i am a L1 except when overtaking type of guy, plus, i an zip along in L1 at 70, and Mr fox sits there ok. Do 60 in L3 and she starts having kittens that i am 'speeding'
Is there a chief Traffic pol guy that could give us a definitive answer
I 100% agree with the weaving, in fact the only time i do that is on the Western stretch of the nti clockwise M25 from the M4 to the M3 junctions.It varies from 4 to 6 lanes and sometimes i have to pass a slower vehicle in L1 L4/5/6 are being used yet L2/3 are empty, i dont know if that constitutes weaving!

[vonhosen]

martine, see my bit about ploice mentality!!!

I am one of those rare breed of drivers who feels uncomfortable driving in L2/3 when there is no other traffic, it just doesn't seem right, so i am a L1 except when overtaking type of guy, plus, i an zip along in L1 at 70, and Mr fox sits there ok. Do 60 in L3 and she starts having kittens that i am 'speeding'
Is there a chief Traffic pol guy that could give us a definitive answer
I 100% agree with the weaving, in fact the only time i do that is on the Western stretch of the nti clockwise M25 from the M4 to the M3 junctions.It varies from 4 to 6 lanes and sometimes i have to pass a slower vehicle in L1 L4/5/6 are being used yet L2/3 are empty, i dont know if that constitutes weaving!

There is no definitive answer, each case must be judged on it's merits. Only way to completely avoid it is to avoid passing on nearside, there is no undertake to be interpreted in those circumstances.

[Flexibase]

Here are some comments from a retired police officer with service on traffic division in two forces.
When I was a(n) (over?) keen constable, it was regular practice to report lane 2 hogging drivers for driving without reasonable consideration for other road users (Section 3 Road Traffic Act) and any undertaker for the more serious offence of dangerous driving (Section 2).
However, I did not experience any successful challenge to the S2 offence and the Highway Code (HC) advice on the subject has since been modified to give a little more clarity.
I later took the role of a full time Prosecution Inspector before the advent of the Crown Prosecution Service and, after retirement, as both volunteer and professional advanced driving instructor, both of which have led to more thought on the viablility and sensibility of such offences prosecuted.
The HC now says:
268. Do not overtake on the left or move to a lane on your left to overtake. In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake.
Note the words "congested" and the plural "queues" which I believe indicate that the "undertaking" vehicle is also expected to be in a queue travelling at a similar speed to traffic on the right.
However, as stated by others here, this is only general advice, not specific Law, so I believe that some evidence of the specific offences of careless / inconsiderate/dangerous driving needs to be given.
For example, I recall recently travelling North on the M1 from Luton one dark Sunday eveniong when I was surprised to see all other traffic in lane 3, travelling at only 60mph! There was only one queue, that in Lane 3. I stayed in lane 1 travelling at 70 mph for a few miles, with safety margins of both lane 2 and the hardshoulder. Although contrary to the advice of Rule 268, was there any danger there? I was, and remain, quite prepared to argue there was not!
However, whilst I welcome that the recent availability of fixed penalty notices, and hope they will be used appropriately, especially for lane hoggers and tailgaters, I fear they may tempt more such reports without thought about actual evidence of carelessness, inconsidaration or danger, and deter many drivers from challenging them!

[Stephen]

It is a scenario that I see every day and it is acceptable for me any how to allow Lane 1 if as described has been in lane 1 for some considerable time,and come up against Lane 2 and 3 bunches then perfectly legal to continue past provided you are with in the law when doing so.

If you come from lets say Lane 2 or 3 and go into Lane 1 to pass the bunched traffic this is classed as undertaking then depending on what happens during the undertake then,if necessary a reasonable consideration which is the lesser part of sec 3.

These days you would be very hard pushed to get a section 2 home for an undertake without any aggravating features attached to it. If I had video onboard then I would possibly give consideration to dealing with the middle lane hoggers as if challenged in court about them and you have done something then there credability gets blown out of the water dont do anything and it is shown on the video then it doesnt look good.

This of course is just my opinion and I see it everyday,however when they see you in their mirror they move over quicker than you can flash your lights at them,but at night from a distance it is a different story,the best answer they give when they wont move or slam brakes on when you flash headlights from a distance to ask them to move is a classic " I DIDNT KNOW THAT IT WAS A POLICE CAR " as if that should make any difference.

More would get done but their is less and less of us with more cuts to come,so,in a few months you will ne able to drive how you want on any road let alone the Motorways and not be in fear of getting caught unless you catch yourself by crashing and everyone stops to wait for Police to arrive. LOL.
Stephen

[Horse]

More would get done but their is less and less of us with more cuts to come,so,in a few months you will ne able to drive how you want on any road let alone the Motorways and not be in fear of getting caught unless you catch yourself by crashing and everyone stops to wait for Police to arrive. LOL.

And on new 'Smart' motorways with All Lane Running with no hard shoulder access to the scene, they'll wait, and wait, and wait . . .

[zadocbrown]

If everyone piles into L2/L3 it effectively makes it a 2 lane road, when clearly the road designers thought there was a need for 3. A queue of close stacked traffic is not a very safe thing, and it would be better if we used of more of the space available. I'm quite happy to set an example in this and benefit from safer, easier and faster progress as a result.

[Horse]

I used to be very anti- undertaking centre-lane owners . . . until I started commuting on the M4. I don't do it often - can't actually remember the last time - but have done so occasionally and don't blame others for doing so.

Similarly, if in lane 2 when L3 slows, I will consider maintaining a constant speed - but part of that consideration is looking for drivers likely to swap for 3 to 2.

[Gareth]

I used to be very anti- undertaking centre-lane owners . . . until I started commuting on the M4. I don't do it often - can't actually remember the last time - but have done so occasionally and don't blame others for doing so.

I sometimes try to avoid passing on the left ... but, taking this morning as an example, I find that if you move from lane 1 to lane 3 to pass someone in lane 2, then move back again, they get just as annoyed as if you'd passed on the left. And, on a four lane section, I decided it was a lot easier to stay in lane 1 at an indicated 65 mph than to move to lane 4 to pass the slower car in lane 3, (who then increased their speed somewhat).

I'm finding while using the western side of the M25 for commuting that I pass others on the left most days.

[trashbat]

Various threads on PH recently have suggested that the offence can be completed, in the eyes of an officer, simply by changing lanes and then passing, without a requirement to change lanes again. I don't agree with it but it doesn't stop the prosecution.

This has included coming up to a truck in L1, moving to L2 and passing vehicles in L3 on their left.

Also note that whilst 'congestion' is ill-defined (is a typical rush-hour motorway congested?), the HC does say "in these conditions you may keep up with the traffic in your lane" but if L1 is thoroughly empty as you use it to pass an MLM in L2, then you cannot argue this to be the case. Be careful.

[zadocbrown]

The police do seem to take a particularly hard line on members of PH....

[GJD]

Various threads on PH recently have suggested that the offence can be completed, in the eyes of an officer, simply by changing lanes and then passing, without a requirement to change lanes again. I don't agree with it but it doesn't stop the prosecution.

Does it tell us anything about the prosecution? I've seen two such threads on PH recently and IIRC they were both fixed penalties for careless driving issued under the new powers police have. What we don't know from these tales is how likely a conviction would be if you declined the fixed penalty and opted to go to court instead (I believe that's a choice you always have available).