Chris`I Posted May 12, 2011 Share Posted May 12, 2011 You're going to love me............... So, if the Highway Code is not the law where is the definitive "written down I want to see it" thing? Please understand that this is not aimed at you because of what you have said, it just seems to me that for something quite important to all of us there's a hell of a lot of confusion surrounding it and it would be good to have a definitive source. The Highway Code is what is known as a "Guidance publication". It is not in itself an act of parliment (i.e. law - The Road Traffic Act), but compliance with it will ensure you keep within the law. If you ended up in court, you would be charged under the Road Traffic Act 1991. But examples of your digression from the highway code could be used in evidence. Thats my understanding also Quote Link to comment Share on other sites More sharing options...
maxi-glasgow Posted May 13, 2011 Share Posted May 13, 2011 In the motorway section for overtaking the Highway Code says this though:- Overtaking 267 Do not overtake unless you are sure it is safe and legal to do so. Overtake only on the right. But that itself is followed by 268, which has this within it: "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." Indeed. There's no legal definition of "congested", it could be one car causing congestion by being in the wrong lane. The fact that the Highway Code states you should only overtake on the right does not make it illegal to overtake on the left, just not desirable. As long as you are not breaking any laws (speeding etc) then passing traffic while driving in the inside lane is not inherently illegal. If the police are going to clamp down on people who undertake are they then going to take action against people who do no sit on the inside lane when there is not another car in site? I travel on the M8 between Airdrie and Glasgow almost daily after midnight and some nights you only pass a car every few minutes and the amount of times some knobhead just sits in the middle lane sitting at 60 does my box right in. I will be sitting with the cruise control on set at 70 and travelling in the inside lane and have to travel out two lanes to go past them and back into the inside lane again. The odd time I will just stay on my course in the inside lane. Does that not sound ridiculous that I'M the one who could be punished for that? Quote Link to comment Share on other sites More sharing options...
ChrisS Posted May 13, 2011 Share Posted May 13, 2011 This can only happen if we have 'Traffic Police' in 'Traffic Cars'. And if it's not being done with the resources they have now, how can they do more? Quote Link to comment Share on other sites More sharing options...
MattMe Posted May 13, 2011 Share Posted May 13, 2011 Please don't question my education when I share my views just because you disagree with them, that's not very fair. Question authority. maybe that using those words makes someone look less knowledgable than they actually are. What? Hang on here a minute. Although I'm not expecting an uprising of millions of 350z owners to storm parliment after reading those few words, I do kind of think they are valid. If you just sit there accepting everything without question then you, my friend, are the uneducated one. wo there peggy sue step away from the soap box we have a copy and paste error!!!! i being the ham fisted turnip that i am didnt notice that when i quoted and edited for discussion your last post that i hadn't removed everything i meant too. The leaving of the phrase "question authority" should not have been in there. i have no issue with questioning authority i did like your V style speech Phew. I'm glad. I love you, man... After I posted it I thought it may have been a bit OTT. Quote Link to comment Share on other sites More sharing options...
rancer Posted May 14, 2011 Share Posted May 14, 2011 I wasn't aware the Highway code had been shoe horned into the road traffic act and made into law? The very first post you find with google is this: http://www.traffic-answers.co.uk/forum/ ... opic=513.0 That's a pretty decent post. The key bit for me and the way we were taught at the little piggy training centre is: "The offence of careless driving is committed when the driving falls below the standard expected of a reasonable, prudent and competent driver" As people have said above, it is not and will never be black and white. No cop ever decides that something is 100% against the law. We just look at a situation and if we have reasonable suspicion that an offence has been committed then we will treat it as though it has - ie put them before the courts. It's then down to the magistrates to take the legal advice of their advisors and make a decision. However an on the spot fine may be suitable if the 'offender' is willing to accept one. Giving a FPN in contingent on someone accepting it. They can still choose to have their day in court. (I've just had 4 hours sleep after a 13 hour nightshift so I've probably left plenty of holes in that post for people to pick at) Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.