Middle lane hoggers.

[PaulB]

If you undertake, then surely the vehicle you are undertaking is in the wrong as if there is a free lane, then middle-lane-Malcolm is driving discourteously by not being in it or not being aware of it.

 

[Archie_tect]

So you can undertake a slower car on the left then....

 

[Brandane]

@Smeggers II : Can we have a flounce adjudication please?

It will take better than you.

If it means that he won't be talking bollocks then I don't care... He's a prime example of what goes wrong when you rely on urban myth and google.

There's only one of us talking bollocks here, and it's not me. Now can we get back ON TOPIC please, before the thread degenerates into personal insults and gets locked?

 

[ThinAir]

So you can undertake a slower car on the left then....

This is what this thread needed.. A little light heartedness.

@Brandane and @User, I think you have both made some good points.

For some clarity, the up Highway Code sets out the rules of the road, and what specific points of law, if any, govern these rules. As one of you pointed out, quite correctly, if a rule of the Highway Code is governed by law, then that rule with have either reference or a link to the specific point of law which refers to this.

I think what we need to look at the fact that there is no legal reference with regard to rule 268. The way I interpret this is that whilst overtaking on the left is most certainly frowned upon, the Highway Code does not create a specific offence if undertaking/overtaking on the left.

However, section 3 RTA 1988 states that "A PERSON IS GUILTY OF AN OFFENCE, IF THE STANDARD OF HIS DRIVING FALLS BELOW THAT EXPECTED OF A REASONABLE AND CAREFUL DRIVER". Commonly referred to as driving without due care and attention.

IMHO, the Highway Code is the benchmark in setting the standards of a reasonable and careful driver, and if you choose to flout this COMBINATION of rules, guidelines and laws, then you are leaving yourself open to prosecution under one of more sections of the aforementioned act, if you want to go the whole hog, then go for a section 2 RTA, and get yourself a dangerous driving conviction.

Bit for now, you have both made some valid points, but come on guys, lets call a truce, shake hands and try and get back on topic.

 

[ComedyPilot]

We drive on the left in the UK.

NB: this thread can now be closed.

 

[Archie_tect]

Depending on the mood of a Police Officer for that short period that you're within his/her sight, you can be charged with any number of offences at his/her discretion, so probably best not to do anything at all which may upset him/her, if you can avoid it...

 

[ComedyPilot]

Depending on the mood of a Police Officer for that short period that you're within his/her sight, you can be charged with any number of offences at his/her discretion, so probably best not to do anything at all which may upset him/her, if you can avoid it...

Not if their boss has put monthly targets on them to achieve?

 

[Archie_tect]

That depends on their mood at the time and whether you look like you need chastising...

 

[ComedyPilot]

No you can't. Decisions to charge have to be run past the duty CPS solicitor and s/he will apply the appropriate tests.

Police discretion is more to do with what you're not arrested/questioned about than anything else... but your general point is valid. The biggest thing is whether or not you fail the attitude test with the police.

And how they deal with some motoring offences.

 

[ThinAir]

No you can't. Decisions to charge have to be run past the duty CPS solicitor and s/he will apply the appropriate tests.

Police discretion is more to do with what you're not arrested/questioned about than anything else... but your general point is valid. The biggest thing is whether or not you fail the attitude test with the police.

Traffic matters are not something which would go to the CPS, unless there was a death involved. The topics being discussed in this forum, and the decisions whether or not to charge, or issue proceedings remain with the officer.

 

[ComedyPilot]

Indeed. FPN v. being arrested and charged with a more serious offence. Even then, the discretion is fairly limited.

99% of it comes down to the attitude test.

Granted, but an officer 'shouldn't' be swayed in their judgement too much by that....at least that's what I was told.

To me it was about sincerity, honesty, education and attitude.

If they admitted it straight away, were genuinely sorry & sincere, listened to advice AND had the 'right' attitude then I would try to apply discretion.

'Haven't you got something better to do like lock up druggies or chase burglars?' was normally met with a lengthy explanation about fatalities, road safety, vehicle safety checks, doc checks, and a thorough explanation of how to pay the fine.

 

[ThinAir]

Granted, but an officer 'shouldn't' be swayed in their judgement too much by that....at least that's what I was told.

To me it was about sincerity, honesty, education and attitude.

If they admitted it straight away, were genuinely sorry & sincere, listened to advice AND had the 'right' attitude then I would try to apply discretion.

'Haven't you got something better to do like lock up druggies or chase burglars?' was normally met with a lengthy explanation about fatalities, road safety, vehicle safety checks, doc checks, and a thorough explanation of how to pay the fine.

Remorse is a fine thing.

 

[ThinAir]

For that sort of attitude, I would think that liberal application of the Asp would be a proportionate response.

Awesome... Debate on the proportionate use of force may now ensue....

 

[captain nemo1701]

I loathe those drivers who pootle along in the middle lane and then speed up as you try to execute an overtake. Why not just stay in the slow lane?.

Yesterday, while driving back to the office from a job, I went to overtake two lorries in the firms van. I noted a car in the fast lane in my wing mirror but it was far enough away to make the overtake safe, so I pulled out. On pulling back in to the middle lane, I was gobsmacked to see said car emerge from behind me. I reckon he was about 6ft from my rear at 70 mph, as I overtook the trucks,so close that I couldn't see him in either wing mirror (which also have wide-angle section). Nutter!.

 

[captain nemo1701]

[QUOTE 2489503, member: 9609"]Is there an answer to this yet?

If I am in the middle lane doing 70 overtaking lorries in in the left lane doing 56; What is the minimum gap between lorries that I would have to move into?[/quote]
My late Uncle was a driving instructor for 30 years and he taught me that you should be at least one car length per 10mph. So at 70, you should be 7 car lengths, on average, from the vehicle in front. It's a rule of thumb that has worked for me for 32 years of driving.