Driver in overtaking lane at 65mph

skea56

Hi everyone

Heading into work this morning when I was caught behind a car doing between 63-65 mph in the overtaking lane.

Now for once I was actually real early for work so was in no real panic, so just sat behind her. However, 2 other cars zoomed up in the inside and undertook both of us.

Ended up I sat behind her for the rest of my journey - there was only one further opportunity where I could have undertook her, but there was a car ahead which looked suspiciously like a cop car so chickened out. Imo there were plenty of chances for her to pull in.

Could someone advise me on what to do if this situ arises again? the consensus at work here is mixed:

1)I should have flashed my lights and waved her in, but I would hate if someone did that to me so wouldnt dish it out to anyone else.
2)Undertook her
3)Stayed where I was (only 2 people agreed with this!!)

Thanks
sk56

boyse7en

I'd go with option 3

Option 2 is, in my opinion, dangerous. She is obviously not driving with her full attention, so she is likely to pull into the inside lane suddenly without checking if there is a car there.

Option 1 is like shoving your way through a queue shouting "let me to the front". It's just not cricket.

Lum

Technically there is no law against undertaking, but you may find yourself taken to court for driving without due care and attention, or a similar charge, and would then have to demonstrate how your manoeuvre was carefully planned and not aggressive etc.

If there's nothing else on the road for a mile ahead or behind, and you don't drive right up the other person's backside, undertake and then carve in front of them leaving a 2 inch gap then you're probably ok.

This comes from a conversation I had with a (now retired) officer who lost exactly such a case in a magistrates court as their video showed the manoeuvre was fine, the undertaker just stayed in L1 and there was nobody else around. The magistrate told the officer that they should have pulled the person in L2 for not paying attention.

Problem is a magistrate's ruling is not precedent setting, so another officer is still free to pull you for it, so probably best not to do it if there's police about just to avoid the hassle.

Stephen_Leak

Undertaking. No. IIRC, HC Rule 268. And potentially dangerous. The clue is in the name.

Staying behind them. Doesn't solve the problem. You're also behind them if/when they do something even more stupid. Or collide with an undertaking car.

Under the circumstances, a flash of the headlights, to let them know that you are there, would seem permissible.

Lum

Rule 268 is a "should not" not a "MUST NOT" and therefore it is merely advice. There is no point of law that relates to rule 268

Compare this with Rule 269.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069862?CID=TAT&PLA=url_mon&CRE=highwaycode_motorways

Disobeying Rule 268 would leave you liable in any civil proceedings, for example should the L2 person change lanes without looking.

NBLondon

skea56 wrote: »

Hi everyone

Heading into work this morning when I was caught behind a car doing between 63-65 mph in the overtaking lane.

What Lum said basically... Option 2 with extra care.

Why were you in the overtaking lane anyway? Did you overtake someone in Lane 1 at 50mph? Then move back in and carry on in Lane 1 at your chosen speed.

My take is... If the vehicles on your left were maintaining a steady speed - they didn't "undertake" - they continued in their lane. If you'd moved back on completing your first overtake, you could do the same.

there was only one further opportunity where I could have undertook her, but there was a car ahead which looked suspiciously like a cop car so chickened out.

So were there now slower cars in Lane 1? If the car in front of you is overtaking them with a reasonable speed differential, then they've as much right to be in the overtaking lane as you have.

So what's the problem again? Could it be that you actually wanted to travel at 70mph but didn't have a third lane? Tough.

Hintza

I have given up trying to get folk to move in and will just continue at my speed and if I have to undertake so be it.

skea56

NBLondon wrote: »

What Lum said basically... Option 2 with extra care.

Why were you in the overtaking lane anyway? Did you overtake someone in Lane 1 at 50mph? Then move back in and carry on in Lane 1 at your chosen speed.

My take is... If the vehicles on your left were maintaining a steady speed - they didn't "undertake" - they continued in their lane. If you'd moved back on completing your first overtake, you could do the same.

So were there now slower cars in Lane 1? If the car in front of you is overtaking them with a reasonable speed differential, then they've as much right to be in the overtaking lane as you have.

So what's the problem again? Could it be that you actually wanted to travel at 70mph but didn't have a third lane? Tough.

Hi there, i came up behind her just coming up to a slip road so had moved to the outer lane to pass these cars waiting to exit the motorway and assuming she had done the same, but would move in once we were passed.

This is not about me wanting to fly down the motorway at 70mph - I have been involved in a car crash where speed was the contributing factor, so believe me I don't like driving at the best of times - fast or not!! I generally sit at this speed or below...but in the inside lane so I'm not in anybody's way.

Thanks anyway for your take on things.

sk56

McKneff

OPtion 4

Go back to the inside lane and still stay behind her. You were quite happy to stay at that speed, seeing as you were behind her doing it.

You both should have been in the inside lane anyway.

Lum

There is nothing wrong with wanting to do 70 on the motorway, and the other person should have been following the "keep left unless overtaking" advice. Highway Code rule 160.

Problem with the highway code advice is that much of it assumes that everyone else on the road also follows the highway code advice. It is frequently silent on how to handle situations where other road users are driving like muppets.

What you will probably find here is that they are driving one of those cars with a very optimistic speedo. Since speedos can legally overread by up to 10%+6.25mph they probably thought they were doing 70 and that anyone who wishes to get past is therefore a dangerous baby+kitten murdering speeder and they're doing the world a favour by policing the roads so that the police don't have to.

NBLondon

skea56 wrote: »

Hi there, i came up behind her just coming up to a slip road so had moved to the outer lane to pass these cars waiting to exit the motorway and assuming she had done the same, but would move in once we were passed.

OK - so what stopped you moving back into Lane 1 once you were past the cars waiting to exit?

If you weren't wanting to go faster than this woman - where's the problem?

Option 1 is wrong. No need to tell her to move in - you're not there to police other people's driving.

Option 2 is fine. You're not wanting to go faster, so you wouldn't "undertake". Return to Lane 1; drive at your chosen speed and keep an eye on what you've now identified as a inconsiderate driver.

Option 3 is dubious. Because someone else was an idiot and didn't go back to Lane 1 - you did the same. Go back to Lane 1 and hold your chosen speed. If that means the idiot in Lane 2 is matching speeds - that's not your problem. If faster traffic comes up behind and wants to overtake - they use Lane 2 (and lights and horn). You then need to be aware of the possibility of the idiot waking up and swinging back to Lane 1 - but you've already identified them as an idiot haven't you?

I'm not getting at you, skea56, I'm puzzled as to why you felt you had to stay in the overtaking lane for the rest of your journey. Either Lane 1 had room for you - and you could have used it or it was full of slower traffic and you would have been overtaking anyway.