Undertaking Law

Marky

Marky

Marky

Soldato
Joined
16 Apr 2007
Posts
23,425
Location
UK
Hey Motorists :)

I was on the motorway with my friend a while ago in the left hand lane and some tool was driving at about 60 in the middle lane (With no one else in the left lane).

I said "I know I shouldn't undertake, but people like this really **** me off..."

So I undertook the car and carried on my way...

But my friend said it is actually legal to undertake cars as long as you don't break the 70 speed limit. So in this scenario, as long as I was able to undertake at 70, I was in the right.

My question, however... Is he right?

Thanks,

Marky

PS. People who drive in the middle lane with no one else in the left lane... are douchebags *Runs* :p
 
Nope, you should sit behind him and wait until he moves over (a long flash of the old main beam usually works wonders here :p), or pass him in the 3rd lane. However he shouldn't be in that lane driving slowly.
 
There is no actual undertaking law, you can be done for dangerous driving if your being silly about it. I have done it numerous times on the motorway and dual carriageways when Mrs blue rinse needs to get in lane 2 a mile before the roundabout.
 
And I thought if your making progress in lane 1 at 70 and lane 2 is sitting at 60 thats not your issue. They cant expect you to slow down to 60 can they and sit next to them or cross 2 lanes to overtake makes no sense.
 
From the Highway Code...

Overtaking
267
Do not overtake unless you are sure it is safe and legal to do so. Overtake only on the right. You should

•check your mirrors
•take time to judge the speeds correctly
•make sure that the lane you will be joining is sufficiently clear ahead and behind
•take a quick sideways glance into the blind spot area to verify the position of a vehicle that may have disappeared from your view in the mirror
•remember that traffic may be coming up behind you very quickly. Check all your mirrors carefully. Look out for motorcyclists. When it is safe to do so, signal in plenty of time, then move out
•ensure you do not cut in on the vehicle you have overtaken
•be especially careful at night and in poor visibility when it is harder to judge speed and distance
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.
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As you can clearly see, the only time you are allowed to pass on the left is in congested traffic. One dozy driver in the centre lane does not equal congestion.
 
Guys, overtaking on the left is not legal, read the Highway Code. Yes there are certain exceptions, but bottom line it is not legal. Look at Rule 267. Oh and go and undertake a Traffic Policing car if you are so certain :p
 
Diggsy said:
Guys, overtaking on the left is not legal, read the Highway Code. Yes there are certain exceptions, but bottom line it is not legal.
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Read the legal definitions of Do Not and Must not with respect to the highway code.

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. An explanation of the abbreviations can be found in 'The road user and the law'.
Click to expand...
 
Marky said:
Hey Motorists :)

I was on the motorway with my friend a while ago in the left hand lane and some tool was driving at about 60 in the middle lane (With no one else in the left lane).

I said "I know I shouldn't undertake, but people like this really **** me off..."

So I undertook the car and carried on my way...

But my friend said it is actually legal to undertake cars as long as you don't break the 70 speed limit. So in this scenario, as long as I was able to undertake at 70, I was in the right.

My question, however... Is he right?

Thanks,

Marky

PS. People who drive in the middle lane with no one else in the left lane... are douchebags *Runs* :p
Click to expand...



This comes up a lot on car forums, technically speaking you did not undertake, a car in a different lane drifted past you due to maintaining an unusually low speed. you cannot be done for this under the law.
 
Diggsy said:
Guys, overtaking on the left is not legal, read the Highway Code. Yes there are certain exceptions, but bottom line it is not legal. Look at Rule 267. Oh and go and undertake a Traffic Policing car if you are so certain :p
Click to expand...

If you read (or Googled) more than one paragraph of the highway code you'd realise that 'do not' is only advisory and they use MUST NOT when it's illegal to do so:

http://www.safermotoring.co.uk/parking-near-private-driveway-what-law.html

If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it. However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action
Click to expand...
 
Yeah, fair enough, I can see the Must Not / Do Not reference, but although it doesn't say Must Not in the Highway Code, you could still get hit with Careless Driving as you are chosing to ignore the advice.

After all, the only reason it doesn't say Must Not is to allow for the exception - traffic congestion.

EDIT - although, the muppet on the middle lane should be getting hit with careless driving. I hate that :(
 
I undertake all the time. There's no way in hell I'd sit behind some tool doing 60 until they moved over which most of the time, they don't! I nip into the left lane and keep cruising at 70. Never in a dangerous manner but it shouldn't be illegal.
 
shifty_uk said:
I undertake all the time. There's no way in hell I'd sit behind some tool doing 60 until they moved over which most of the time, they don't! I nip into the left lane and keep cruising at 70. Never in a dangerous manner but it shouldn't be illegal.
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This.

Then everyone decides to follow suite aswell. A617 Chesterfield to Mansfield always has divvies driving in the right hand lane at well below the speed limit.

M1/A1 ect, i only tend to mostly do it when congestion is bad in the fast lane or when you have that unconfident moron that decides to go in the fast lane doing 50mph when its being a bit windy or a bit of water on road. Drives me nuts seeing lorries go past me in the slow lane because some penis doesn't know how to drive on motorways.
 
I undertook a transit today, we both came off the slip road near enough the same time, I moved out to overtake him, hit the loud pedal, and he pulled out without indicating just as I was behind him even though the road was clear for about 300 yards in both lanes. Back into left hand lane, dropped down a gear, and bye-bye White van man, he even gave me a flash of the headlights as a congratulations for my superior driving skills.
 
Jokester said:
The police can now do you for careless driving if you don't follow advisories.
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The Police should be pulling over the undertaken car as to be undertaken on the motorway would mean you are driving without due care and attention as you should have moved to the left after completing your overtake (clearly busy traffic situations excluded)
 
You can undertake if you're stuck in traffic, if the person in the middle lane isn't doing 70mph undercut them as it must be due to the traffic.

MW
 
It is illegal to undertake. They grey area is that (as is common) the law is a bit fuzzy about what "undertaking" means. The view of a couple of Trafpols I know is that to be guilty of undertaking you must have changed lanes to the left in order to pass. If you were already in the left and stayed there then it could reasonably be argued that what you did was not an undertake, but driving in the correct lane. I understand that the mags tend to support this view (assuming it even got that far).

However...

it should be obvious that the sticking point will be: how long were you in the lane to the left of the car you overtook, before you did overtake? A second? Ten? Thirty? The first is clearly undertaking, the last is probably not. On this rests whether you have committed an offence.

M
 
For the middle lane hoggers, I pull out from lane 1 to lane 3 (if safe to do so and whilst indicating), overtake, then whilst indicating pull over from lane 3 to lane 1 (if safe to do so). 5/10 times they get the hint.
 
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