A driving expert has clarified the legal position on undertaking vehicles that are lane-hogging in the middle lane, confirming that motorists can be prosecuted even if they are not breaking the speed limit. Shaun Jobber, a UK-based content creator known as Big Jobber with years of experience in the motor insurance industry, released a video addressing the issue.
Mr Jobber explained that one of his viewers received a request for their driving details ahead of a Notice of Intended Prosecution after passing a car on the left that was driving in the middle lane. He said that some of the misinformation around the topic is nothing more than 'internet myth'.
The scenario
Mr Jobber said: "Prosecuted for undertaking. Yes, you heard that right. One of my viewers received a request for driver information prior to receiving a notice of intended prosecution via a submission sent to Operation Snap for undertaking."
"This can very swiftly end the internet myth that undertaking is where you are in an offside lane, you move to a nearside lane and pass another vehicle, and then return to your offside lane."
The camera car driver sent footage of the viewer proceeding in lane two, passing cars that were in lane three and lane four. The viewer said they were not at the speed limit themselves, and the cars in lane three and four were also slower, so they continued in their lane.
Mr Jobber said the viewer was offered the driver education course, the option of three points, or the option of fighting it in court, and chose to take the course. He advised: "In the heat of the moment, you might think it's worth fighting it. But can you afford the solicitor's fees? And if you lose, can you afford the court costs? Most people cannot."
Why it is classed as careless driving
Mr Jobber continued: "Now, you might very well point out that the act of undertaking isn't illegal, which it isn't, but it is classed as careless driving if you pass on the left in a way that isn't in accordance with the Highway Code."
He said the only time the Highway Code allows passing on the left is in congestion where the lane to the offside is slower, or if a vehicle is turning right. "And by congestion, I mean congestion. Vehicles that are flowing like this, unfortunately, are not in congestion. Congestion is slow-moving traffic."
He acknowledged the frustration, saying: "I absolutely get that it's frustrating and becoming more of an issue, but with the current rules of the road, you can't do it if you don't want to risk getting in bother."
What the Highway Code says
The Highway Code advises drivers not to undertake, saying: "Do not overtake on the left or move to a lane on your left to overtake." It does confirm that drivers 'may keep up with traffic' if lanes of traffic on the right slow down 'in congested conditions', saying: "In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right."
The RAC says it may also be permissible in scenarios such as average speed checks, where it may be safer to pass a car travelling below the average speed limit if your lane is moving faster, and if a car is turning right or performing a U-turn.
The punishments can include a driver awareness course, often costing around £100, or a fixed penalty notice for careless driving which could result in three points and a £100 fine. In more serious cases it could be considered dangerous driving, carrying up to nine points or disqualification, a fine of up to £5,000 and a court summons.
