Passing a middle lane hogger on the left can result in a £100 fine and three penalty points, with police clarifying that the manoeuvre is only lawful in specific circumstances.
Many motorists have experienced the frustration of having their journey slowed by someone occupying the middle or outside lane. Drivers often feel their only realistic choices are to do nothing, flash their headlights to encourage the driver to move over, or to undertake by passing on the left-hand side.
Numerous drivers opt for the latter and believe themselves justified because the alternative lane was occupied by a motorist who should not be there. However, the reality is that this manoeuvre could lead to prosecution.
What the Highway Code says
Rule 268 of the official Highway Code states explicitly: "Do not overtake on the left or move to a lane on your left to overtake."
There are a couple of specific exceptions to the prohibition on overtaking on the left-hand side:
- If traffic is moving slowly in queues and the queue on your right is moving more slowly than you are, you may pass on the left.
- If the vehicle in front is signalling to turn right.
Police forces are equally unambiguous in their stance on undertaking. The Ask The Police website, an official police resource, states: "Overtaking on the left is lawful if done in accordance with the above guidance."
While there is no specific offence termed "undertaking", police confirm that "whilst there is no specific offence of overtaking on the left, if a driver undertook another vehicle, other than in the circumstances described above, eg in the case of someone hogging lane two on a motorway, they may be prosecuted for careless driving".
Penalties and reporting
The fixed penalty for careless driving stands at £100 alongside three points added to the motorist's licence, reports Wales Online.
Should the offence be deemed particularly serious, it could be escalated to the courts where drivers may encounter stiffer sanctions. Furthermore, being spotted by police officers in person is not necessary.
Should another motorist capture you undertaking on video, they are able to submit the footage to Operation Snap, a police scheme operating across multiple UK forces that enables the public to report and provide digital evidence of motoring violations.
Exceptions to the rule
There exists a specific exception to the guidance against passing vehicles on their nearside: Rule 268 of the Highway Code explains "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. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake".
Rule 163 mirrors much of the information found in Rule 268 but further clarifies that motorists may also "overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so".
Why overtaking on the left is dangerous
Officers outline the most straightforward justification for avoiding overtaking on the nearside: "Other drivers may not see you and suddenly move back to the left."
Well-known TikTok account Big Jobber, which regularly provides detailed guidance on motoring regulations, states: "There is a very good reason why this is a 'two wrongs don't make a right' situation. How often do you see a middle lane hogger moving dangerously from the middle lane to the slip road without checking that it's clear and safe to do so?"
The account adds: "And do you realise that in the UK, right-hand side, or off-side safety checks, are emphasised way more than left-hand side, or near-side, safety checks. That's because the default driving position in the UK is to the left-hand side so it's kind of expected that vehicles would return to the left. And that is why passing on the left is a hazard and why it will be prosecuted as an offence if executed outside of the very few parameters that the Highway Code allows."
Big Jobber continues: "You might say 'well that would be the vehicle that's changing lanes' fault and, yes, you would probably be right if they did change lanes into a vehicle that was overtaking on their left side. But what if they clip your rear end as you're passing on the left, your car spins out and you go into a tree at 70mph ending your life? Plenty of people that were in the right ended up in the cemetery.
"Two wrongs don't make a right. Passing on the left creates a hazard, it increases the risk of a collision and can be extremely dangerous and potentially fatal."
