Is undertaking illegal when passing a slow moving vehicle on the motorway?

I noted your reply to JA, Peacehaven and was a bit concerned that your readers may not have understood your point. The Highway Code and the Road Traffic Act are quite clear and that is that passing on the left is not permitted in the UK. However, on a motorway where the traffic to your right is travelling in a queue (undefined) and they are travelling slower than the lane you are in, then and only then you may maintain your speed in your lane even if this means that you pass the vehicles to your right on the 'inside'. Changing lanes to carry out this manoeuvre is not permitted. In the case quoted there appeared to be only one other vehicle and therefore, according to the law you should move from lane one to lane five to pass this vehicle. Clearly this would have been ridiculous and the common sense thing would be to pass on the inside. I wonder how long it will be before we adopt the American system of pass any side?

Asked on 4 July 2012 by PWS, Farnborough

Answered by Honest John
Nowhere is it stated that passing vehicles on their nearside is actually illegal and this has been tested in court. There is no specific law against it. You can quote 'rules' as much as you like. Traffic police can express 'opinions' that a driver was driving "dangerously" and a magistrate might accept this. But it is not actually illegal, and in many circumstances (such as the one the reader asked about), it makes far more sense and is far safer than attempting to pass a slower moving vehicle on the offside. You would have to be unhinged to drive from lane one to lane five to pass a slow moving idiot in lane four. The sooner passing either side is officially adopted the better.
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