by Mr Cholmondeley-Warner » Sat Jan 31, 2015 12:05 am
From Vonhosen's post (and from my own reading of the HC and my driving experience), what I deduce is this:
Undertaking in queues of traffic with one lane moving faster than another by chance, and not lane hopping to take advantage of that fact = legitimate.
Any cynical, knowing act of undertaking, "because you can", in the absence of other traffic slowing the lane to your right = fair game for prosecution.
At least that's the way I've always played it. If I were to choose to undertake someone, because I considered they were travelling in a lane unnecessarily far to the right, and I wanted to go faster than them, I'd have to hold my hand up and take the rap if an officer of the law saw me and took me to task for it. So I don't do it - at least, haven't done so more than once or twice in the last 20 years, and then with a sense that I knew the law was not on my side.
However much you want to twist the wording of the law*, in your heart of hearts, you know what it means, really.
In Martin's case I'd just have kept a close watch on the coach, and on my offside mirror, and been ready to move out if necessary. I'd have been aware of the lady behind me and her chassis language, and taken that into account.
* - Highway Code. It turns out there is not a specific law to be broken by overtaking on the left.