Court summons for speeding - advice please

~Chameleon~

mikey72 wrote: »

You shouldn't advise undertaking as being acceptable.

Undertaking is NOT illegal providing you are not switching lanes back & forth to do so.

ETA: Ahh I see bargepole has provided the relevant code in post #44 above

mikey72

~Chameleon~ wrote: »

Undertaking is NOT illegal providing you are not switching lanes back & forth to do so.

ETA: Ahh I see bargepole has provided the relevant code in post #44 above

It reads better for your arguement if you ignore the first six words admittedly.

Stephen_Leak

bargepole wrote: »

Depends on the circumstances. If there was, for example, a steady stream of traffic in lanes 1 and 3 doing 70, and our self-righteous old duffer was holding up lane 2 at 65, then rule 268 would apply.

I would never confirm that you "can't" be prosecuted, as the capacity of the Police and CPS to get it wrong should never be underestimated, but if it was me I'd go to court and be confident of winning.

I'm not so sure that Rule 268 would apply if it was a single vehicle, not a queue of traffic.

Personally, when your example happens to me, I prefer to move from lane 1 to lane 2, 100m behind the vehicle in lane 2, then to lane 3, and overtake the vehicle. Then, when 100m in front of the vehicle, move back to lane 2 and then maybe lane 1, depending on the next potential hazard coming up ahead.

bargepole

Stephen_Leak wrote: »

I'm not so sure that Rule 268 would apply if it was a single vehicle, not a queue of traffic.

Personally, when your example happens to me, I prefer to move from lane 1 to lane 2, 100m behind the vehicle in lane 2, then to lane 3, and overtake the vehicle. Then, when 100m in front of the vehicle, move back to lane 2 and then maybe lane 1, depending on the next potential hazard coming up ahead.

That's absolutely correct, for situations where the motorway is relatively traffic free.

But if you were travelling in lane 1, with a queue of traffic in lane 2 behind the lane hogger, you would be fine to continue at 70 and pass on the left, according to the highway code.

AltheHibby

Rule 268 is, of course, essential for LGV drivers who are banned from lane 3 and have no other way to pass the middle lane hog doing 50.

Getting back to the OP's question. The key for your OH is to be honest, admit it straight away, and have a good lawyer's advice. This is what my son did when caught doing 99 on a 70 stretch of the A9. Aged 18 and less than 1 year's experience he could easily have lost his licence. However, by admitting guilt to both the police and court, and accepting the tellings-off he was allowed to keep his licence.

Before I get any self-righteous remarks, I will point out that he said to me "I knew I was getting silly and I'm glad I was caught before I hurt anyone".

malkyh

bargepole wrote: »

I'll bet you're one of those people who drive in the middle lane of the motorway at 65mph in your Rover 416, wearing your stringback driving gloves, hat and pipe, while normal people whizz by on both sides glaring at you while you stare self-righteously straight ahead.

As I have been accused many times on here of having anger issues, I'd hammer past at 80, swerve in front of said old doofer and slam the brakes on making them hit their anchors sending them into an uncontrollable spin ending up on their roof in the ditch.

Then I'd steal their petrol, wallet and driving gloves before tearing off in a plume of tyre smoke.

mikey72

AltheHibby wrote: »

Rule 268 is, of course, essential for LGV drivers who are banned from lane 3 and have no other way to pass the middle lane hog doing 50.

No. It's only essential when you're sitting in congested traffic, on the lhs, and you lane starts to move before the guy's on the right. Then you can undertake.

~Chameleon~

Well that's funny because I've been advised very recently by an advanced police driving instructor that it is perfectly legal to undertake a slow vehicle on the left as long as I haven't shifted lanes to do so. There is absolutely no need pull out behind and use the 3rd lane to overtake.

ManxRed

mikey72 wrote: »

No. It's only essential when you're sitting in congested traffic, on the lhs, and you lane starts to move before the guy's on the right. Then you can undertake.

Maybe you could point us to the relevant legislation or guidelines that state this.

give_them_FA

If you had thought about it mikey you would have realised what nonsense that was. What it would mean is that if the two lanes to the right of you were moving at 50 m.p.h., and you had a totally clear lane in front of you (and this happens not infrequently on the M25 where people seem to move right anytime the traffic slows through congestion) then you would have to stay where you were and not go by the slower traffic to your right.

There are people stating things here who actually know what they are talking about. They have done these things professionally. That is why they are here on a regular basis giving advice.