Passing on the left/Managed Motorways

[TR4ffic]

I’d be interested in canvassing your thoughts on this…

I will (with all due consideration of the level of congestion, the conditions, relative speeds, etc.) pass on the left when on motorways and the like but accept that I may then have an awkward conversation with the BiB should I be pulled over.

However, on the many miles of managed motorways we now have up and down the country (where the hard shoulder is used as an additional, 4th running lane), operation of the managed system with a max 60mph limit (and often lower in 10mph increments) comes with the following displayed on the matrix information signs – “Congestion. Use hard shoulder” and/or “Congestion. Stay in lane”.

The HC says something along the lines of… You can pass on the left in a one-way system or multi-lane carriageway if in congestion and the lane to your right is travelling/moving slower than you are…

With the managed motorway in operation and with the signs displayed as above, does this give you carte blanche to pass on the left? Would this alter the content of your awkward conversation with the BiB?

[Horse]

If there's no hard shoulder then they won't be able to stop you for a chat







OK, there are ERAs, but I doubt they'd consider it worth the risk of trying to shepherd you in and out of one of them worth the trouble unless you'd been really naughty.

Also, AFAIK the 'stay in lane' isn't legally enforceable. HC Rule 268 simply says: "Do not weave in and out of lanes to overtake".

[exportmanuk]

If you are not weaving between lanes to get a perceived advantage then I would not expect the BIB to have any interest in you

[martine]

If you are not weaving between lanes to get a perceived advantage then I would not expect the BIB to have any interest in you

+1

And remember there is nothing illegal about passing on the left on all motorways 'managed' or not.

[richie349]

+1

And remember there is nothing illegal about passing on the left on all motorways 'managed' or not.

Really? Can you clarify under what circumstances this is allowed? I always thought it was illegal to overtake on the left except when traffic is moving slowly in queues.

[martine]

+1

And remember there is nothing illegal about passing on the left on all motorways 'managed' or not.

Really? Can you clarify under what circumstances this is allowed? I always thought it was illegal to overtake on the left except when traffic is moving slowly in queues.

Define 'slowly' and 'in queues'? As I said there is no specific law against overtaking on the left - ultimately it comes down to the opinion of the traffic officer and/or jury .

[TheInsanity1234]

My father has always viewed it as safer to just remain in your lane, and pass someone on the left than to change lanes 2/3 times to get into the right lane, go past someone, only to immediately perform 2/3 more lane changes back into L1.

Also, if we're travelling in L2 to overtake someone, and L1 is empty for miles, then my father will probably just move into L1 if it's safe to do so after passing, and continue at the same speed for a minute or so, to establish himself in the left lane, and to give the driver a chance to spot him in the mirror. After a minute, he'll start increasing his speed up to the limit so he'll pass whatever queue of idiots bunched up in L2 and L3 then later on, when he reaches an obstruction in the lane, such as a slow moving car, he'll overtake them like normal.

Nothing naughty or remotely illegal about that in my view.

We're not causing inconvenience to anyone by cutting them up etc, we're just using the laziness and dimness of the majority of drivers to gain an advantage for ourselves in traffic.

[true blue]

I find people who undertake on motorways to be a particular nuisance - their actions are often perceived as obnoxious, and by undertaking they make it harder for people in L2 to move across to L1. They in effect box traffic in to the right of themselves!

More often than not they're also not shy about cutting up a driver in L2 when they come up behind a slow moving vehicle in L1.

I accept that undertaking has it's place, but it should be the exception rather than the rule.

[trashbat]

If you're not keeping up with a car in your lane, it's illegal.

Even if you are, it's illegal if someone judges the conditions to be less than 'congested'.

I'm not necessarily saying you shouldn't do it, but the law doesn't accommodate it.

On the other hand, with quite limited exception, if you allow yourself to be 'undertaken', you've probably done something wrong. The only exceptions I can think of are: (i) you're trying to change lane but can't because there are no gaps or (ii) you've made a [timely] lane choice based on an upcoming split.

[Rick101]

I regularly pass on the left if it is safe to do so.

There is no reason to make four lane changes just to go round someone who is happy tootling along in lane 2 when the speed in your lane is higher.

This is vastly different to the idiotic drivers which can be seen moving into slower moving traffic, accelerating hard and then more often than not moving back into somebodys braking distance. Tend to give these a very wide berth.

[onlinegenie]

Highway Code rule 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."

It's interesting that it doesn't say "You must not ...". My understanding is that Highway Code rules are only law if they contain the word "must". Also interesting that it doesn't say anything about slow-moving traffic - just that the lanes have to be moving at similar speeds.

[TR4ffic]

I'll disassociate myself from the weavers and those undertaking (overtaking on the left) – I’m not doing that. As I’m doing a lot of motorway rush-hour commuting, passing on the left is usually when the right-hand lane(s) have slowed due to a build-up in traffic – but could still be doing 50-60mph. Yesterday morning, for instance, after passing a lorry I moved back into L1 to be presented with about 10 or so cars in L3, and a L1 and L2 being completely empty – they were doing about 60. So I made progress and passed them…

+1

And remember there is nothing illegal about passing on the left on all motorways 'managed' or not.

Really? Can you clarify under what circumstances this is allowed? I always thought it was illegal to overtake on the left except when traffic is moving slowly in queues.

Define 'slowly' and 'in queues'? As I said there is no specific law against overtaking on the left - ultimately it comes down to the opinion of the traffic officer and/or jury .

My question regarding the awkward conversation with the BiB is that I expect it would come down to exactly that - our respective interpretations of slowly, queue and, in particular, congestion.

On the Managed Motorways the circumstances can be a bit different. I’ve previously said that a number of drivers are reluctant or refuse to use the hard shoulder when it is in operation and, even when the variable speed limits are set to 50 or 60mph, fail to keep up to that posted limit. With the 4 lanes (calling the hard shoulder the new L1), where I am already in L1, there are situations where there is space in L4 (or possibly L3) that I could use to pass slower vehicles currently in L2, but why should I? …and if I don’t and continue in L1, does it make the argument that we were in a congestion situation any easier during the (potential) discussion with the BiB because the matrix information signs said so..?

[GJD]

If you're not keeping up with a car in your lane, it's illegal.

Even if you are, it's illegal if someone judges the conditions to be less than 'congested'.

I'm not necessarily saying you shouldn't do it, but the law doesn't accommodate it.

Which law? There's no law that explicitly prohibits it is there? I think martine got it right - if they tried to nobble you for something it would presumably be careless driving so it would be down to jurors' or a magistrate's opinion. Evidence that you'd contravened the highway code might not help your case, but the highway code not accommodating something is not the same as the law not accommodating it.

On the other hand, with quite limited exception, if you allow yourself to be 'undertaken', you've probably done something wrong. The only exceptions I can think of are: (i) you're trying to change lane but can't because there are no gaps or (ii) you've made a [timely] lane choice based on an upcoming split.

The most frequent situation where I find myself passed on the left (imagine just two lanes to keep the example simple) is when I'm a few cars back in the line in lane 2 overtaking a slower vehicle ahead in lane 1. That situation comes up daily on my drive to and from work and seeing someone in L2 move left and use lane 1 to pass, moving back to lane 2 once they're closer to the slow vehicle is not uncommon.

[Horse]

If you're not keeping up with a car in your lane, it's illegal.

Even if you are, it's illegal if someone judges the conditions to be less than 'congested'.

I'm not necessarily saying you shouldn't do it, but the law doesn't accommodate it.

Which law? There's no law that explicitly prohibits it is there? I think martine got it right - if they tried to nobble you for something it would presumably be careless driving so it would be down to jurors' or a magistrate's opinion.

http://www.bbc.co.uk/news/uk-23713732

But people caught carrying out offences subject to the new penalties, which were first announced in June, will be able to choose between an on-the-spot fine or the chance to go on a driving course.

The move, which does not apply in Northern Ireland, brings careless or inconsiderate driving offences into line with the penalties for similar non-motoring fixed penalties. Drivers can still appeal against any decision through the courts.

Among the offences police are expected to focus on are:

• Lane discipline, such as needlessly hogging the middle or outside lanes

[GJD]

Which law? There's no law that explicitly prohibits it is there? I think martine got it right - if they tried to nobble you for something it would presumably be careless driving so it would be down to jurors' or a magistrate's opinion.

The move, which does not apply in Northern Ireland, brings careless or inconsiderate driving offences into line with the penalties for similar non-motoring fixed penalties. Drivers can still appeal against any decision through the courts.

Among the offences police are expected to focus on are:

• Lane discipline, such as needlessly hogging the middle or outside lanes[/i]

That's what I said