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First Middle Lane Hog Convicted


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I'm certainly not condoning the undertake manoeuvre but in the real world it's a judgement call we all make. I would fully expect to get hauled up for doing it especially if I'm approaching to fast or exceeding a posted limit to do so.

I think we all know the correct procedure is to maintain a safe distance behind the hog, alert them to your presence and if no action is taken move right to overtake.

Here's the problem though, your dealing with a total stranger in front of you and by flashing your lights or honking the horn may induce road rage.

The drivers that overtake and pull back into the correct lane one leaving plenty of room behind and not cutting the hog up are textbook driving and thus putting the hazard behind them safety.

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Nope, correct procedure as per the HC is to remain in your lane. No issues at all with passing slower traffic on the left. Rule 268 of the HC:

 

"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."

 

As long as you don't change lanes to undertake, it's perfectly fine.

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Read my post again. Rule 268 specifically deals with traffic and congestion mate.If vehicles are travelling at similar speeds only.

Like I said it's a judgement call, if for example I was still policing the motorways and I saw you undertake a vehicle at 70mph who was doing say 55 mph in lane two when lane three was clear of traffic you would get a tug :)

Edited by Zeezeebaba
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I think we all know the correct procedure is to maintain a safe distance behind the hog, alert them to your presence and if no action is taken move right to overtake.

That bit, you mean? ;)

 

Sorry, I hate selective quoting. I should've been more precise in the exact part I was replying to, I apologise.

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Someone on another forum i use has just been pulled over for undertaking a middle lane hogger. He has be slapped with dangerous driving apparently.

 

I'm guessing he undertook at speed instead of gradually like others do, but DD sounds quite harsh!

 

The accident I recently witnessed was to some extent caused by running alongside, although the other driver should have double checked his mirrors before he changed lane. That's the reason why I never undertake and leave a reasonable gap if I'm on the inside lane and a car is lane hogging the outside lane. Even where its legal to pass on the inside like on slipways leaving a motorway you should always keep in mind that somebody will decide at the last minute they need to exit the motorway too. These days everyone should be aware that dashcams are recording every move you make and The Police can and will prosecute on dashcam evidence alone.

 

Pete

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I'm going to say it..

 

about 10 years ago there was a really hot couple of days - the trucks cut some shocking tramlines into the inside lane of the M62. The inside lane is crap.

 

If it's an empty road ie early morning, middle of the night, I'll sit in the middle lane for a smoother drive. I've done this and had people steam up from behind at silly speeds flashing and gesticulating. Gah - P*ss off! Just go round - there's loads of room. You're speeding ffs..

 

But yeah, if the chap was doing 55 or so it's worth a tug..

Edited by Kieran O'Quick
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if I'm in lane 1 and approaching someone in lane 2 going slower than me, if theres plenty of space in lane 1, i'll just stay there and pass on the left. but I do make sure that they look pretty happy in the middle lane before passing. I don't do it in an aggressive fashion, just keep a constant speed.

 

as a result of this i'd say 50% of people carry on as they were in the middle lane regardless, 45% of people realise that they should move over and do so, and 5% speed up as I pass them on the left. rarely gets any flashes or anything, I think people who hog the middle lane don't really care what side a car overtakes them on, as long as they can stay in the middle lane.

 

Most of the time I'll be in fast lane getting everyone out my way, but if i do find myself in the left lane (usually to save fuel) and come across a middle lane hogger, I too would undertake, however I like to steadily approach at my maintained speed and then as I approach his back end, accelerate to get past quickly, giving the hogger no time to react, before he know's it I'm in front and he has no time to think or do anything about it.

 

I also find (if i feel like being a dick) an aggressive downshift undertake usually gives them the message to move in, and they do.

Edited by DarmoZ
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Why don't we go US style, passing all over the place and whilst we're at it, allow left turns on red.

 

Lane discipline in The States is much better than you would imagine. It's only when an Interstate or major highway passes through a big city that you get a free for all. For example, The Interstate 70 which passes through Denver is in places 5 lanes and with something like 20 exits you get tons of people weaving so they don't miss their exit. Turning left on red could be useful in some places but in The States with the streets laid out in blocks there isn't a visibility problem like for example the lights at the top of our lane where traffic is approaching at 60 on a bend.

 

Pete

 

Lol when i was in LA my 4 lane highway merged with another 4 lane highway, to create 8 lanes, and then literally half a mile after the merge point were three options, exit on the left, stay on the current highway, exit on the right. It was chaos with everyone switching from one side to the other in that 1/2 mile stretch, how did they think this was a good design?!?

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If in doubt Google.....well I was not in doubt knowing that the act of "undertaking" is not illegal in itself.

 

So hope this post taken from here http://www.advanced-...start=30��might help those who might wish to know when it is OK to undertake and when it is not:

 

 

 

Having spent many years booking people for bad driving on the Motorway, and now advising on liability and traffic law after an accident in a civillian capacity, to answer the original point, there is absolutely nothing in law to prevent someone undertaking if lane 2 or 3 is being hogged.

 

Contrary to popular belief and what many of these fly on the wall TV programmes would have you believe, there is no specific offence of nearside overtake, in fact it was removed from the statute books when the 1972 Road traffic Act was introduced.

 

In its place is the section 3 offence of careless driving, but to secure a conviction for the offence the prosecution have to prove that the stanndard of driving fell well below the standard expected of a reasonably competent driver. The simple act of a nearside overtake would not be sufficient, but if the undertaking vehicle then weaves from lane to lane, then that would be a different matter.

 

As far as hogging lanes 2 or 3 are concerned, the law states that the left hand lane is the driving lane and lanes 2 and 3 (or 4 where applicable) are simply overtaking lanes, and unless slower moving vehicles are being passed, then the driver should return to the nearside lane when it is practicable and convenient to do so, despite the fact that many drivers would still have you believe that we have slow, fast and overtaking lanes.

 

So the issue really arises when there is a clear open stretch of road or where the driver is clearly not gaining on a behicle ahead in lane 1 and the driver chooses to sit in the middle or outside lane.

 

In this case, then the other part of the section 3 offence comes into play, "Driving without reasonable consideration for other road users" which is just another sub section of careless driving but carries the same penalty.

 

It used to be common place to report such drivers, especially when we had full time Motorway patrols, but things are somewhat different these days, well in my old force anyway.

 

In regards to civil claims, the courts are now starting to realise that the nearside overtake is not illegal and finding in favour of the driver who nipped passed on the nearside and got clobbered because of the numpty who sat in the middle lane and then decided to go back to lane 1 without first checking.

 

I have dealt with about 6 or 7 of these in the past 12 months and won every one (or at least my colleagues have in respect of the civil personal injury cases) and the middle lane hogger has been held 100% liable. The hogger has a statutory duty of care not only to drive in the correct lane, but also ensure it is safe to return back to the nearside lane before he commences changing position.

 

This type of accident is most common amongst motorcyclists, and whilst every case has to be judged according to the evidence, I have had many where the defendant third party has immidiately quoted Powell v Moody (1966) and backed it up with "Of course undertaking is an illegal manouevre" and then get very embarrased when I go back and ask them to quote act and section for the undertake and counteract Powell v Moody with Davis v Schrogins (2006) icon_biggrin.gif

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Can back that up with a quote from Roadcraft The Police Driver's Handbook.

 

Lane discipline on motorways (ch 12, p217):

There are no slow or fast lanes. Overtake only to the right, except when traffic is moving in queues and the queue on your right is moving more slowly than you are. Do not overtake by using a lane to your left.

 

Therefore, if you are travelling at 70 mph in lane 1 and a car is travelling in lane 2 at a slower speed you may pass without overtaking, but do so with caution in case numpty pulls across suddenly into lane 1....you may be in his blind spot.

If travelling in lane 2 behind numpty, overtake using lane 3 only.

 

Them be the police rules!

Edited by Kraziekatz1
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Can back that up with a quote from Roadcraft The Police Driver's Handbook.

 

Lane discipline on motorways (ch 12, p217):

There are no slow or fast lanes. Overtake only to the right, except when traffic is moving in queues and the queue on your right is moving more slowly than you are. Do not overtake by using a lane to your left.

 

Therefore, if you are travelling at 70 mph in lane 1 and a car is travelling in lane 2 at a slower speed you may pass without overtaking, but do so with caution in case numpty pulls across suddenly into lane 1....you may be in his blind spot.

If travelling in lane 2 behind numpty, overtake using lane 3 only.

 

Them be the police rules!

 

It seems odd that the Police Drivers' Handbook would use the term 'numpty' :p

 

Anyway, I'll happily haul ass in the 'slow' lane if it's free. Was on the M25 around midday on Saturday, and quite a few times it was the emptiest lane, the other two being taken up by people driving at about 60mph.

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that really annoys me. even worse on 4 lane stretches, when lanes 3 and 4 a full of cars, lane 2 has a car every quarter of a mile, and lane 1 is completely empty apart from a lorry every mile.

 

solution - stop trying to overtake in lanes 3 and 4, move back to lane one and accelerate up to the speed limit, then overtake a lorry in lane 1 every mile, whilst overtaking dozens of cars in lanes 3 and 4. also, driving in the near empty lane one is a lot less stressful, oodles of space in front mean you aren't constantly covering the brakes.

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that really annoys me. even worse on 4 lane stretches, when lanes 3 and 4 a full of cars, lane 2 has a car every quarter of a mile, and lane 1 is completely empty apart from a lorry every mile.

 

solution - stop trying to overtake in lanes 3 and 4, move back to lane one and accelerate up to the speed limit, then overtake a lorry in lane 1 every mile, whilst overtaking dozens of cars in lanes 3 and 4. also, driving in the near empty lane one is a lot less stressful, oodles of space in front mean you aren't constantly covering the brakes.

YEP :)

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I much prefer the inside lane, you draw far less attention to yourself, it does your head in though if you then have to traverse 2 lanes to overtake and then pull back to the inside lane if are slightly the wrong side of 70.

 

Would anyone know the specifics of flashing people sat in the middle lane, i.e is it an offence?

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https://www.gov.uk/g...ders-103-to-158

 

Rules 110 and 114.

 

So no, but also yes. It depends on the situation, how long you flash, where the car is positioned, time of day, weather etc. I will flash if I'm in Lane 1 and there is a car in Lane 2 I'm about to pass to let them know I'm there. I do this with enough room to allow me to move to L2 if they then realise they're being a twatface and move to L1.

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I often wonder what people in the middle lane think when you pull in infront of them and then onto the inside lane.

 

Shame more people arent hauled up for it, probably be the easiest and most popular offence to catch people doing :surrender:

Edited by Jetpilot
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If in doubt Google.....well I was not in doubt knowing that the act of "undertaking" is not illegal in itself.

 

So hope this post taken from here http://www.advanced-...start=30��might help those who might wish to know when it is OK to undertake and when it is not:

 

 

 

Having spent many years booking people for bad driving on the Motorway, and now advising on liability and traffic law after an accident in a civillian capacity, to answer the original point, there is absolutely nothing in law to prevent someone undertaking if lane 2 or 3 is being hogged.

 

Contrary to popular belief and what many of these fly on the wall TV programmes would have you believe, there is no specific offence of nearside overtake, in fact it was removed from the statute books when the 1972 Road traffic Act was introduced.

 

In its place is the section 3 offence of careless driving, but to secure a conviction for the offence the prosecution have to prove that the stanndard of driving fell well below the standard expected of a reasonably competent driver. The simple act of a nearside overtake would not be sufficient, but if the undertaking vehicle then weaves from lane to lane, then that would be a different matter.

 

As far as hogging lanes 2 or 3 are concerned, the law states that the left hand lane is the driving lane and lanes 2 and 3 (or 4 where applicable) are simply overtaking lanes, and unless slower moving vehicles are being passed, then the driver should return to the nearside lane when it is practicable and convenient to do so, despite the fact that many drivers would still have you believe that we have slow, fast and overtaking lanes.

 

So the issue really arises when there is a clear open stretch of road or where the driver is clearly not gaining on a behicle ahead in lane 1 and the driver chooses to sit in the middle or outside lane.

 

In this case, then the other part of the section 3 offence comes into play, "Driving without reasonable consideration for other road users" which is just another sub section of careless driving but carries the same penalty.

 

It used to be common place to report such drivers, especially when we had full time Motorway patrols, but things are somewhat different these days, well in my old force anyway.

 

In regards to civil claims, the courts are now starting to realise that the nearside overtake is not illegal and finding in favour of the driver who nipped passed on the nearside and got clobbered because of the numpty who sat in the middle lane and then decided to go back to lane 1 without first checking.

 

I have dealt with about 6 or 7 of these in the past 12 months and won every one (or at least my colleagues have in respect of the civil personal injury cases) and the middle lane hogger has been held 100% liable. The hogger has a statutory duty of care not only to drive in the correct lane, but also ensure it is safe to return back to the nearside lane before he commences changing position.

 

This type of accident is most common amongst motorcyclists, and whilst every case has to be judged according to the evidence, I have had many where the defendant third party has immidiately quoted Powell v Moody (1966) and backed it up with "Of course undertaking is an illegal manouevre" and then get very embarrased when I go back and ask them to quote act and section for the undertake and counteract Powell v Moody with Davis v Schrogins (2006) icon_biggrin.gif

 

That's how I've always understood it.

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Lol when i was in LA my 4 lane highway merged with another 4 lane highway, to create 8 lanes, and then literally half a mile after the merge point were three options, exit on the left, stay on the current highway, exit on the right. It was chaos with everyone switching from one side to the other in that 1/2 mile stretch, how did they think this was a good design?!?

 

Yes, there's a fair few of those 3 way major junctions in The States, I can't think of anything similar in The U.K. Thinking about it though, those Freeways and Interstates were planned and built 50/60, even 70 years ago and of course The U.S has plenty of space to build these sort of junctions.

 

Pete

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