Undertaking (overtaking up the inside)
Undertaking (overtaking up the inside)
Author
Discussion

buckshee

Original Poster:

106 posts

265 months

Saturday 29th November 2003
quotequote all
What is the law regarding overtaking on a driver"s left side on the motorway?

What do you do when you are on a virtually empty motorway and you're doing, say, 85mph in the inside lane and you come up to some tw4t in the middle lane doing 65-70mph? Do you
1. pass him on his left side
or
2. go into the 3rd lane to overtake?
Since you are doing 85mph (breaking the law by speeding) what are the legal implications?


Likewise, you are on a busy motorway and the inside and outside lanes are chockerblock full and both doing about 65mph but the middle lane is clear for about 1/4mile. Do you
1. go up the middle lane until you are slowed down by the car in front in this lane
or
2. do you pull into the outside lane and join the tail of traffic in this lane?


Finally, the motorway is relatively lightly trafficed, and there is some numpty sitting at 80mph (usually on his phone) in the outside lane and the road ahead of him in the outside lane is clear for some distance, You're in the middle lane keeping up with the traffic also doing 80mph and want to get past the numpty in the 3rd lane and there is enough distance between you and the car in front in the 2nd lane to pass the numpty on the left hand side(Wasn't that a hit for Musical Yoof? ) and then to pull into the 3rd lane and continue overtaking the 2nd lane traffic at 85mph. Do you
1. pass the numpty by doing 85mph up his inside
or
2. pull out into the 3rd lane behind the numpty and wait and hope until he pulls left?

kdd

1,189 posts

271 months

Saturday 29th November 2003
quotequote all
IIRC it is illegal to pass another vehicle on its left hand side unless it is turning right.

Can't comment on the implications.

pmanson

13,388 posts

273 months

Saturday 29th November 2003
quotequote all
I might be wrong but as I understand it you can undertake as long as your keeping a constant speed.

E.g Your doing 80mph on the empty inside lane and your don't accelerate to overtake the other vehicles in the other two lanes.

However I think if they then pull in as your overtaking and you collide its your fault.

AJLintern

4,330 posts

283 months

Saturday 29th November 2003
quotequote all
In the highway code it says you should not pass on the left except when the a queue of traffic in one lane is moving moving faster than another. So it's not illegal, otherwise it would say you must not.
I think passing on the left is ok while maintaining a steady speed (that'd be 70mph ) rather than weaving across lanes at high speed in and out of traffic.

Balmoral Green

42,554 posts

268 months

Saturday 29th November 2003
quotequote all
I think it should be an offence to be passed on the inside, after all, if you have space to your left enough for someone to overtake you in, you should have been occupying that space in the first place.

greeny

1,423 posts

279 months

Saturday 29th November 2003
quotequote all
Balmoral Green said:
I think it should be an offence to be passed on the inside, after all, if you have space to your left enough for someone to overtake you in, you should have been occupying that space in the first place.

absolutley

JamieBeeston

9,294 posts

285 months

Saturday 29th November 2003
quotequote all
I seem to recall its not illegal, but your open to a discretionary due care / dangerous depending on how its done.

Mrs Fish

30,018 posts

278 months

Saturday 29th November 2003
quotequote all
That is correct can't be arsed to find the relevant thread though

ledfoot

777 posts

272 months

Saturday 29th November 2003
quotequote all
Balmoral Green said:
I think it should be an offence to be passed on the inside, after all, if you have space to your left enough for someone to overtake you in, you should have been occupying that space in the first place.


I think it should be the other way round.

It should be an offence for drivers that don't move over when the middle lane is clear of traffic, and there is faster traffic tailing behind wanting to pass.

The number of times I see everyone in Lane 3, and no traffic at all in Lane 1 and 2 just drives me mad

Biggest culprits for hogging lane 3 is white van man.

AJLintern

4,330 posts

283 months

Saturday 29th November 2003
quotequote all
ledfoot said:
I think it should be the other way round.

It should be an offence for drivers that don't move over when the middle lane is clear of traffic, and there is faster traffic tailing behind wanting to pass.

The number of times I see everyone in Lane 3, and no traffic at all in Lane 1 and 2 just drives me mad

Biggest culprits for hogging lane 3 is white van man.

Isn't that what he meant? If you read it again...
Balmoral Green said:
I think it should be an offence to be passed on the inside...

5ltr-chim

635 posts

277 months

Saturday 29th November 2003
quotequote all
They're has been a recent court case and the outcome was :

Overtaking on the left is legal.

Moving to the left purely to overtake and them moving back out is illegal (undertaking).

Obviously this needs to goto appeal and be upheld to become case law.

As for 'white van man' - they're going to be fitted with speed limiters (transit size and up IIRC).

So that'll clog the lanes up even more

bluepolarbear

1,666 posts

266 months

Sunday 30th November 2003
quotequote all
kdd said:
IIRC it is illegal to pass another vehicle on its left hand side unless it is turning right.


There isn't a law that prevents undertaking. The HWC suggests you shouldn't. The RTA says that if you come a cropper and haven't followed the HWC then that can be used as evidence for due care etc

Still not sure I would do it in front of the BiB


Exact paragraph is in Sec38(7) of RTA

(7) A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

wedg1e

27,002 posts

285 months

Sunday 30th November 2003
quotequote all
5ltr-chim said:

As for 'white van man' - they're going to be fitted with speed limiters (transit size and up IIRC).

So that'll clog the lanes up even more


Vans grossing 3.5 tonnes or more, as it was explained to me. Transit just misses it, but things like the Sprinter catch it. Shame really, since the Sprinter is as fast as hell.
As for white vans hogging the outside lane, it's usually because some numpty in front has held you up. Vans aren't noted for their acceleration, so naturally you spend longer on an overtake. When it takes so long to get to 70/80/90, you're a bit reluctant to back off and let the guy behind crawl past (which they usually do, even if they've sat on your bumper flashing you). Try driving a van for a day or so, you'll realise how arrogant, ignorant and damned incompetent 'the rest of you' are. I bet truck drivers have the same lament, but with the added restriction of 56mph, despite the 500bhp 12-litre under the cab...

tvradict

3,829 posts

294 months

Sunday 30th November 2003
quotequote all
wedg1e said:
I bet truck drivers have the same lament, but with the added restriction of 56mph, despite the 500bhp 12-litre under the cab...


Until they turn the limiter off that is

wedg1e

27,002 posts

285 months

Sunday 30th November 2003
quotequote all
tvradict said:

wedg1e said:
I bet truck drivers have the same lament, but with the added restriction of 56mph, despite the 500bhp 12-litre under the cab...



Until they turn the limiter off that is


Well you say that, but I often drive through the night, and I've not seen an artic speeding, not even a bare tractor unit, in recent years.

puggit

49,338 posts

268 months

Sunday 30th November 2003
quotequote all
In your final thread you claim to be doing 80mph - as everyone knows if you're doing 80mph you will have an accident - so it's an irrelevant question.

lber

910 posts

279 months

Sunday 30th November 2003
quotequote all
So why do they say on the M25's "wonderful" variable speed limit, not to change lane, thus in theory, being given sanction to overtake on any side you wish?

nspasser

88 posts

267 months

Sunday 30th November 2003
quotequote all
Near-side passing is fine by me. It's worked in the States for years.

Nightmare

5,276 posts

304 months

Monday 1st December 2003
quotequote all
wedg1e said:

Vans grossing 3.5 tonnes or more, as it was explained to me. Transit just misses it, but things like the Sprinter catch it. Shame really, since the Sprinter is as fast as hell.
As for white vans hogging the outside lane, it's usually because some numpty in front has held you up. Vans aren't noted for their acceleration, so naturally you spend longer on an overtake. When it takes so long to get to 70/80/90, you're a bit reluctant to back off and let the guy behind crawl past (which they usually do, even if they've sat on your bumper flashing you). Try driving a van for a day or so, you'll realise how arrogant, ignorant and damned incompetent 'the rest of you' are. I bet truck drivers have the same lament, but with the added restriction of 56mph, despite the 500bhp 12-litre under the cab...


bloody right!! I listen to people blaming artics and vans for holding up a queue of traffic, and then proceed to pass them, in their 5 litre Merc, at a crawl...w**kers...usually before pulling back in front of a fully laden 18-wheeler and wonder why they get flashed and angry gestures. People just DO NOT THINK about others.

edc

9,461 posts

271 months

Monday 1st December 2003
quotequote all
If a driver is dawdling in lane 2, 3 or even 4 and I am in a nearside lane with no traffic ahead then I am not going to attempt to pass him on the outside if s/he cannot position their car in the correct lane. They cannot even remotely be 'angry' with me undertaking them if they are never going to move over.