I confirmed this with a traffic cop and it still is driving with out due care and attention.
Scenario I used was coming off a roundabout onto a 50mph dual carriageway, I was on the left, slow car came out onto the right. I hanged back expecting them to accelerate progessively. They weren't so I carried on as I wanted to in the left and moved to the right considerately.
He went on to say he wouldn't waste his time with the offence though...