ROG:
With a speed limited van you would be illegal to use the outer lane of a motorway of more than 2 lanes - I am fairly certain of that but am open to being corrected
The answer is yes, because it is not illegal and hasn’t been since 1972 when the specific law was removed from the law books.
There is an offence which may get you if you get it wrong and that comes under Section Three of the 1988 Road Traffic Act.
Careless, and inconsiderate, driving.If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
Meaning of careless, or inconsiderate, driving
(1)This section has effect for the purposes of sections 2B and 3 above and section 3A below.
(2)A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
(3)In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4)A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.”
ROG:
With a speed limited van you would be illegal to use the outer lane of a motorway of more than 2 lanes - I am fairly certain of that but am open to being corrected
The types of vehicles not permitted to use the right hand lane on a motorway (which has three or more lanes) are:
a goods vehicle having a maximum laden weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, which is required to be fitted with a speed limiter AND incapable of reaching 60mph
This any good?
not really
Not at all because you missed the next bit, and that completely changes what you are trying to say
no it doesn’t
that rule states a goods vehicle having a MGW of 3500kgs or more being limited, not a van up to 3500kgs
there is no rule regarding speed limited vans upto 3500KGs MGW driving in the outside lane
and, as ROG said, i stand to be corrected
Hang on we are at cross purposes here.
There is no offence of driving a speed limited <3.5 van or a car derived van in the third lane, with or without a limiter
Yes, I regularly undertake. I’ve been doing nights for a few months now, and if I didn’t undertake the donuts sitting in the middle lane doing 45mph when we are the only two vehicles on a stretch of road, I would not be making best use of my driving time, the road or the company’s vehicle.
The alternatives are to bully him/her out of the lane (not recommended as we should not use the size of our vehicle to intimidate other road users), or sit in lane one not passing and causing a hold up when other traffic approaches, or use lane three
That’s why I do, and will continue to pass on the left.
anisboy:
Whilst the Highway Code is a “guide” to safe driving practices, failure to adhere to it, can and will be prosecuted to the full extent of the law.
That Rog, is FACT.
For a supposed IAMs advisor you do seem to be a bit on the back end here.
The reality is that passing on the left of a vehicle in any other lane IS illegal, except for where traffic in those lanes is slowing in progression.
However, given that the police are more concerned about traffic flowing freely, if you pass on the left in a safe manner, has been described previously, then it is unlikely the police will be bothered. If however you do it rashly, or cause an accident, or pull back into the same lane as the vehicle you have undertaken, you will be deemed to have been driving at the very least, Without Due Care and Attention.
Read this thread with interest and i must say did some laughing at some of the answers ,but this post seems to be the correct answer .We have just had a driver prosecuted for undertaking ,the law used on his summons was “driving without due care and attention” which is a catch all law designed for such instances as undertaking dangerously and incidentally can be used to prosecute drivers sitting in the middle lane doing 40mph forcing drivers to pass on the inside.
We are having bets on how many points he will get ,knowing the driver as i do i reckon he failed the attitude test as well
anisboy:
Whilst the Highway Code is a “guide” to safe driving practices, failure to adhere to it, can and will be prosecuted to the full extent of the law.
That Rog, is FACT.
For a supposed IAMs advisor you do seem to be a bit on the back end here.
The reality is that passing on the left of a vehicle in any other lane IS illegal, except for where traffic in those lanes is slowing in progression.
However, given that the police are more concerned about traffic flowing freely, if you pass on the left in a safe manner, has been described previously, then it is unlikely the police will be bothered. If however you do it rashly, or cause an accident, or pull back into the same lane as the vehicle you have undertaken, you will be deemed to have been driving at the very least, Without Due Care and Attention.
Read this thread with interest and i must say did some laughing at some of the answers ,but this post seems to be the correct answer .We have just had a driver prosecuted for undertaking ,the law used on his summons was “driving without due care and attention” which is a catch all law designed for such instances as undertaking dangerously and incidentally can be used to prosecute drivers sitting in the middle lane doing 40mph forcing drivers to pass on the inside.
We are having bets on how many points he will get ,knowing the driver as i do i reckon he failed the attitude test as well
That also applies to overtaking dangerously
For general driving there are few instances where a driver would choose to go by on the nearside and is only usually done where a situation gives the driver no other safe reasonable choice
anisboy:
Whilst the Highway Code is a “guide” to safe driving practices, failure to adhere to it, can and will be prosecuted to the full extent of the law.
That Rog, is FACT.
For a supposed IAMs advisor you do seem to be a bit on the back end here.
The reality is that passing on the left of a vehicle in any other lane IS illegal, except for where traffic in those lanes is slowing in progression.
However, given that the police are more concerned about traffic flowing freely, if you pass on the left in a safe manner, has been described previously, then it is unlikely the police will be bothered. If however you do it rashly, or cause an accident, or pull back into the same lane as the vehicle you have undertaken, you will be deemed to have been driving at the very least, Without Due Care and Attention.
Read this thread with interest and i must say did some laughing at some of the answers ,but this post seems to be the correct answer .We have just had a driver prosecuted for undertaking ,the law used on his summons was “driving without due care and attention” which is a catch all law designed for such instances as undertaking dangerously and incidentally can be used to prosecute drivers sitting in the middle lane doing 40mph forcing drivers to pass on the inside.
We are having bets on how many points he will get ,knowing the driver as i do i reckon he failed the attitude test as well
That also applies to overtaking dangerously
For general driving there are few instances where a driver would choose to go by on the nearside and is only usually done where a situation gives the driver no other safe reasonable choice
The driver was driving a limited(70mph) luton van ,he felt he couldn’t get into lane 3 because the traffic was going faster than him so moved into lane 1 and then back into lane 2 in front of the car going slower than him ,he should have waited until lane 3 was clear
martyh:
The driver was driving a limited(70mph) luton van ,he felt he couldn’t get into lane 3 because the traffic was going faster than him so moved into lane 1 and then back into lane 2 in front of the car going slower than him ,he should have waited until lane 3 was clear
Without being there all I can assume is that the manner in which he did that was unsafe in some way
Wheel Nut:
Winter is upon us, the gritters are out in force hogging the middle lane, which side will you pass them?
Left or Right?
am not a suicide jockey so it the righthand side overtake for me
Risking prosecution for using the outside lane?
The Gritter is not a wide or long load, just a normal 6 or 8 wheeler with a conveyor.
You must not drive on the right-hand lane of the motorway if you are driving any of the following, a vehicle drawing a trailer; a goods vehicle etc etc with a maximum laden weight of over 7.5 tonnes; a bus or a coach unless you have to overtake an exceptionally wide load
martyh:
The driver was driving a limited(70mph) luton van ,he felt he couldn’t get into lane 3 because the traffic was going faster than him so moved into lane 1 and then back into lane 2 in front of the car going slower than him ,he should have waited until lane 3 was clear
Without being there all I can assume is that the manner in which he did that was unsafe in some way
That’s the key ,the watching copper must have decided it was in an unsafe manner ,or done needlessly because lane 3 was open for him to use when clear .Had he remained in lane one for a suitable distance nothing would have happened but cutting in ,passing and cutting back is always going to raise the eyebrows of any watching plod.
Wheel Nut:
Winter is upon us, the gritters are out in force hogging the middle lane, which side will you pass them?
Left or Right?
They may be and will expect to be passed on both sides
If a LGV then pass on left because using the right lane is considered illegal in that situation although many cops will overlook it
You make your choice and takes your chance if passing it using lane 3 in a LGV !!
it wouldn’t be illegal in this circumstance to use the third lane.
however, if plod was about he’d probably pull you and give you a ticket or a rollocking.
Wheel Nut:
Winter is upon us, the gritters are out in force hogging the middle lane, which side will you pass them?
Left or Right?
am not a suicide jockey so it the righthand side overtake for me
Risking prosecution for using the outside lane?
The Gritter is not a wide or long load, just a normal 6 or 8 wheeler with a conveyor.
You must not drive on the right-hand lane of the motorway if you are driving any of the following, a vehicle drawing a trailer; a goods vehicle etc etc with a maximum laden weight of over 7.5 tonnes; a bus or a coach unless you have to overtake an exceptionally wide load
done it in front of the coppers before and nothing was said or done, and here is what was said on here the last time it was asked /viewtopic.php?f=5&t=80646
