Scouse Exile wrote:

In fact I’ll go one further, I think passing on the left should be encouraged in some

Well said Stuart. We can also take from that, that police are just getting more and more lazy these days. They would rather spend time at a desk looking for people who said something about someone on social media and then go knocking at 5am all tooled up to arrest them. You constantly see appeals for dashcam footage for whatever crime had been committed rather than then doing good old fashioned detective work. With the likes of social media, their job is more or less done for them, they just sit back and wait for the evidence to arrive in their inbox. Now I'm not a criminal but that's one thing I have nothing to do with, social media. I detest it all and it should be banned in my opinion. Watch the suicide rate go up if it ever was banned.

Very valid point there penguin, that way they could see for themselves the dangers us truck drivers face every day and would give them cause for thought about doing anything silly when near trucks. Yes we are a lot bigger, wider and heavier than a car, but that doesn't mean we use that as a weapon to intimidate or to scare.
I used to drive all over Europe and I can honestly say, the worst drivers are the Italians. The Italian highway code? What highway code, drive how you want to over there. Belgium fairs no better either.

Stuart- wrote:

Scouse Exile wrote:

In fact I’ll go one further, I think passing on the left should be encouraged in some

I agree with J. I routinely undertake (not aggressively and at speed as mentioned upthread) as so many people are drifting down the middle lane in a daze at 50 or 60. Why should we all be sitting behind them frustrated?

And exactly as he also said, we often see an empty inside lane and the other two rammed full. So yes, use the inside lane and cruise past them all.

It is also noted above that in some other countries, it is quite routine. The standard of driving in this country is now so bad, its maybe something that needs to be changed. It's not 1953 anymore with everyone being courteous and obeying the Highway Code.

As for submitting "footage" to the police, if a genuine and actual proper offence or incident, perhaps. But if you are in a position where people can pass you on the inside, its you that is in the wrong lane. Move over then you'll have nothing to film. It reminds me of Jeremy Vine on his bicycle going around London creating situations he can then get footage of to make a nuisance of himself by grassing. Anyone who has read his Twitter feed will know of this.

And yes, it is also very reminiscent of the Soviet Union, isn't it? Grass up your neighbour, grass up your fellow worker, grass up anything you see. Report people for wrongthink. All hail the party. Whats next? Going down the street measuring the depth of everyone's tyres? Checking if every car in the street has an MOT? It's the thin end of the wedge isn't it?

It's my view that if you want to be a traffic cop, go and join the police. Don't pretend to be one.

It’s not illegal.

"But if you are in a position where people can pass you on the inside, its you that is in the wrong lane"

Simply not true. If I'm in the outside lane with cars in front passing other traffic in the middle lane, I am not in the wrong lane because some idiot decides to pass at 90 on the inside. 2016 Skoda Octavia VRS Estate
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I think it’s a matter of what’s “reasonable”

If I can pass someone who’s driving in the middle lane WITHOUT any reason - I’ve got no issue whatsoever passing them on the left, safely, within the speed limit, and without any aggression. If they want to submit dashcsm footage, please feel free - see you in court.

I honestly believe that if we are to solve this countries congestion problems then allowing passing on the left would be a decent start. At least this way the roads would be FULLY utilised (I.e. all lanes and without our preoccupation with being in the “outside” lane) and I also honestly believe there would be less accidents overall. Certainly less rear ending on the motorway potentially.

I’m not talking about knobs who exceed the limit and drive recklessly, I’m talking using the road to its FULL potential.

Come the revolution I'm changing the law - get ready comrades!!

Jon

I don't disagree and I think there's a strong case for the law to be changed. I was just objecting to the generalisation that you must be in the wrong if you're passed on the inside. 2016 Skoda Octavia VRS Estate
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Totally agree Mike, it’s happened to me like that where I think it’s probably more like a situation JayGee is actually referencing in the original post.

I think we seem to have general agreement here that something should change if our roads are to become safer.

J

Passing on the left is illegal apart from some very clearly defined circumstances such as in queuing traffic or if you are exiting on a slip road. There is a very good case for making it legal but I think that’s for a separate topic. I don’t mind admitting I have overtaken on the left in the past when encountering outside lane hoggers but I would’t do it now knowing I could be being recorded. If you do see someone hogging the outside lane oblivious to empty lanes on the left then send in your dash cam footage as it is literally and legally driving without due care and attention. 2012 TDV8 Vogue (L322)

I’m not sure that’s correct, I.e. to say it’s illegal

This is what the Highway Code currently says:

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

If you combine the above with the introductory statement, which is as follows;

Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

So given the absence of the words “must not” it’s technically not illegal to undertake and in my opinion would need to be combined with some other behaviour that would draw the attention of the law, speed, weaving, or some other “erratic” action.

The behaviour you described I think we would all agree fits outside of what is described above, when you combine speed, weaving and “undertaking” it all adds up to someone who can be deemed to be driving dangerously (or however you choose to contextualise it) - I just think we have to push against the idea that passing in the left is illegal - according to the wording of the Highway Code is technically not.

I think the best visualisation of this is the image the Highway Code has chosen to be present in this section of the advice, see below.

Click image to enlarge

"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."

This would be the defence, wouldn't it?

I asked GPT for clarification of the law and it came up with this:

----------------------------

When Undertaking is Legal:

Slow-Moving Traffic in All Lanes:

It is legal to pass vehicles on the left if traffic is moving in queues in all lanes, and the lane you are in is moving faster than the outer lanes. This situation is common in congested traffic.
Highway Code Rule 268 specifically allows this and states that you may pass slower-moving traffic on the left if the lanes are moving in queues and you are not changing lanes to do so.

Motorway Lane Discipline (Rule 264):

You should always keep to the left unless overtaking. However, if you're in the left-hand lane, and traffic in the outer lanes is moving slower (for example, due to congestion or overtaking a slower vehicle), you are not required to move out of the left lane, and it is not considered undertaking to maintain your speed while passing slower vehicles on your right.

Q: But what if I move to the left to get myself in the correct lane, and someone is hogging the middle lane at 50. I am then free to pass at 70, yes?

Yes, in the scenario you describe, you are not deliberately undertaking but rather maintaining proper lane discipline by staying in the left lane. If another driver is hogging the middle lane at 50 mph while you are driving at 70 mph in the left lane, it is legal for you to continue at your speed in the left lane and pass them on the inside.

This is allowed as long as:

You are not weaving or deliberately moving to the left with the sole purpose of overtaking. If you are already in the left lane and a middle lane driver is driving slower, you are entitled to stay in your lane and pass them.
It is safe to do so and you're not engaging in aggressive driving behavior.
Highway Code Rule 264 reminds drivers that they should keep left unless overtaking, so the person hogging the middle lane is actually at fault. By staying in the left lane and passing them without switching lanes unnecessarily, you are following the correct motorway lane discipline.

So yes, in this case, you are free to pass them at 70 mph, provided it's within the speed limit and safe to do so.

I asked if there were any documented cases, it listed several links and a synopsis thus:

There have been cases where drivers have successfully argued in court that passing a vehicle in the left lane was justified, particularly when dealing with middle-lane hoggers. In such instances, it is crucial that the overtaking maneuver is done safely, without weaving or erratic driving, as this can still fall under "careless driving" if executed improperly. The key aspect courts consider is whether the driver acted in a manner that a "competent and careful driver" would, ensuring they did not violate broader rules like those on lane discipline.

Middle-lane hogging itself is seen as disruptive and can lead to prosecution, and in some cases, drivers may face penalties for obstructing traffic. Though middle-lane hogging is not as heavily enforced, it has been linked to cases where the driver in the left lane had no other choice but to pass, making their actions defensible if they adhered to safety guidelines.

However, there's no blanket legality for passing on the left—it all comes down to the specifics of each case, how the evidence is presented, and whether the driving behavior can be justified under the circumstances

-------------------------------

Further, Stephensons Solicitors says this:

As the Highway Code specifically uses the words ‘MUST’ and ‘MUST NOT’ to indicate legal requirements and nowhere in The Highway Code does it say a driver 'must not' overtake using an inside lane. In fact, Section 268 states, “Do not overtake on the left or move to a lane on your left to overtake.” The use of 'do not' instead of 'must not' means it is technically legal to overtake in any lane except the hard shoulder. 2017 4.4 SDV8 Autobiography in black
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Barmybrummie wrote:

Well said Stuart. We can also take from that, that police are just getting more and more lazy these days. They would rather spend time at a desk looking for people who said something about someone on social media and then go knocking at 5am all tooled up to arrest them. You constantly see appeals for dashcam footage for whatever crime had been committed rather than then doing good old fashioned detective work. With the likes of social media, their job is more or less done for them, they just sit back and wait for the evidence to arrive in their inbox. Now I'm not a criminal but that's one thing I have nothing to do with, social media. I detest it all and it should be banned in my opinion. Watch the suicide rate go up if it ever was banned.

Care to point out why my generalisation is wrong and and what proof you have to back it up?
Sometimes the truth always hurts.

Ive always been led to believe that so long as you dont move to a left lane to commit an overtake IE your in that lane anyway and you approach a car in the middle lane travelling slower than you (so long as your within the permitted speed limit) then its perfectly acceptable to pass them. And in my humble opinion. Its far safer than swinging across 3 lanes then back to the left lane...

For what its worth im all for using the gantry signs to tell ignorant drivers what they are! Name and shame them for all to see...