Can you overtake on the nearside of another vehicle? (2023)

A topic that is never ever clearly explained - if I am driving in the left-hand lane, and catching up with a solitary slower vehicle in the middle lane. I have not changed lanes, but gone past him since it is slower. Does that qualify as overtaking/undertaking, or not? Is this discouraged by the HC? There is no traffic congestion, just a slower vehicle, and the HC completely fails to clarify what to do here.

No one will ever give you a definitive answer. Surely there are traffic cops out there who should know?
Add to this towing a caravan in the nearside lane 1. Not allowed in the third lane to overtake a slower (under 60mph.) vehicle in lane 2. So just block two lanes? June 2015.

Nope, you fall under the same restrictions as anyone else towing a proper trailer or your wobble-box and if anything that empty box of air is far more dangerous in the outside lane than a loaded trailer would be... If you want to go on caravan holidays then going nice and steady should be part of your enjoyable trip...

If a middle lane hogger has a sudden mechanical issue, they may via to the hard shoulder wirhout looking. So you may put yourself in jeopardy be passing on the nearside.

Veer, not via!

You could say the same for someone after overtaking and moving back from lane 3 to 2, at the same time a car moves from 1 into 2.... or maybe ban driving through a green light as someone may break a red light coming from your left or right. When a bus or taxi after overtaking traffic comes to the end of the bus lane should they slow down and yield to traffic on right.... Anybody who doesn't check their mirrors and yield to traffic already in the lane they want to move into is 100% at fault in a collision and should do the decent thing and hand in their licence.

Doesn't matter. They have a duty of care to look before swerving, so if they hit you as you pass on the left, it's their fault. But nogood being right if youre dead so pass swiftly to minimise the chance of it happening!

Excellent. So, that is exactly why no one should drive other than on the left, unless overtaking.

If you are not breaking any speed limits, and you use caution when passing on the left you are unlikely to be punished for dangerous driving in the above scenario.

Highway code 268. Do don't overtake on the left!

Rule 268 clearly states. That if traffic is moving faster in your lane you may pass traffic in the center lane or the lane to your right. You should not move to a lane to your left in order to overtake. I have been a driving instructor for many years and this has always been the case. Sadly pupils fail there tests for passing traffic on their right, this comes down to the examiners judgement. I wont comment on that as it varies from one to another. Please check the whole of rule 268 to end this argument.

Technically speaking both drivers are committing an offence. The centre Lane hugger for careless driving by not returning to the nearside and the undertaking driver for that offence. I am aware of cases such as this being in court and successful prosecutions being the outcome

Wrong. Passing on the left is perfectly legal. Many drivers have no option if their vehicles aren't allowed in lane 3.
I have been reported twice for "dangerously undertaking". In both cases, police viewed my cam footage and said I had done nothing wrong. That was Thames Valley and West Yorkshire Police.

Undertaking is not an offence if you are travelling at the national speed limit of 70MPH or less

There is only one offence committed and that is by the hogger for driving without reasonable consideration for other road users. Undertaking is not an offence in UK.

On many occasions (mainly on M25 or M1) I've been doing 70mph in the 2nd (Middle) lane, gradually closing on a vehicle maybe just 10yds ahead in the nearside lane.
I'm overtaken on the INside by a vehicle which then immediately pulls out in front of me to continue at its existing speed (often well in excess of 70mph) - despite the outer lane being quite clear for overtaking. WHY??
Clearly, there might be a few situations where overtaking on the inside becomes acceptable, but (nowadays) lane discipline is generally exceptionally poor (an arrogant attitude of "I want to, so I will", with no regard for other road users). I see undertaking as an exceptionally STUPID and DANGEROUS and increasingly common practice which should be made illegal (tho' they'd probably never be caught, due to lack of funds for policing it).
It sickens me that people automatically use the nearside lane as an overtaking lane, regardless - simply because it suits them. It really just comes down to arrogance, & disregard for others.

The police are only obliged to do drivers traveling at less than 70 mph for a distance of 3 miles (no other vehicle in the left lane) driving in the middle lane, the law is very clear on the speed limits.

Nothing complicated about undertaking. http://www.highwaycodeuk.co.uk/answers/can-you-overtake-on-the-nearside-of-another-vehicle

Clearly explained here as I've previously said. on many occasions. and contradicted by "experts".
https://www.bikerandbike.co.uk/undertaking-is-not-illegal/

Yes, you are fine undertaking in that circumstance. You are driving correctly in the driving lane, what all the other idiots are doing in the overtaking lanes is their problem. If there was a clear lane between you and the car you were undertaking even better. You were not committing any offence. The lane 3 hogger on the other hand was guilty of careless driving, specifically this bit, "If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, ***or without reasonable consideration for other persons using the road or place***, he is guilty of an offence". https://www.legislation.gov.uk/ukpga/1988/52/section/3

Dont know what part of Germany you have drove in, the Autobahns are not safe due to the stupid speeds they drive and they do have lane huggers like us, but they dont get fined which is annoying, they dont use the outside lanes to overtake and pull in they stay there a tailgate other drivers, I speak from experience having lived there for 30 years and drove trucks for a living.

Yes it’s illegal. Yes it’s frustrating. Yes the middle lane driver is failing to be aware of traffic or anticipating a lane instruction up ahead that you may not be aware of.
If you do under take, please be careful, some other driver may take your number or even attempt to remonstrate with you...Remain calm and carry on.

Just to be clear, hogging the overtaking lane on a motorway while not in overtaking anything is an offence (careless driving), undertaking an idiot who is hogging the overtaking lane is NOT an offence. Unless you are weaving in and out of lanes to gain an advantage. If you're just cruising along in the driving lane, within the speed limit, and you happen to undertake someone then you are doing nothing wrong. But best not take too long about it, if they're stupid enough to hog the middle lane, they're probably stupid enough to change lanes without looking as well...

Rules can be broken, laws can not, the law is very clear, i sit in the middle lane doing 75, speeding is one of the biggest killers on the highway,the impact from a speeding vehicle is a lot greater, you could say it is selfish to hog the middle lane, it is also selfish to break the speed limit (the limit is there for a reason. The police will take action is you are caught doing under 70 in the middle lane (no vehicles in the left lane) for a distance of 3 miles.

@barrie. Your comment is so confusing an incoherent I'm not really sure what point it is that you are trying to make...? What rules are you talking about that you think it's ok to break, and what law do you think is very clear? You say speeding is one of the biggest killers and the limit is there for a reason then say that you drive at 75 while hogging the middle lane, which is 2 offences (speeding and careless driving)… then you say the police will take action if you're *not* speeding for 3 miles... what are you talking about???

I enter on a three-lane roundabout,on the outside lane going for a left-hand exit at 3 o'clock. As I approach the exit, the roundabout is joined by a trunk road at 12 o'clock with an inside lane to the same exit as I am going to. If he thinks I am going too slowly, can a driver coming off the trunk road and in a marked lan, pass me on the inside in order to get to get to the exit before me? To me it looks as if he has not given way to oncoming traffic on his right.

I think that is legal. You are not undertaking you are passing on the inside by maintaining your speed inline with the flow of traffic in your lane. The car in the middle is slowing, you are just maintaining your speed and assuming they are in a congested lane. If the lane they are in is not congested then why are they slow moving, why havent they returned to the left hand lane. I treat it like when cars in the city dont use the bus lanes when they are open, or cars which queue in the right leaving the left open. If you are in the left lane should you wait for them or move to the right because they are not using the correct lane? No. I think what is wrong is moving from the middle to the inside to pass a car in the middle then moving back to the middle.

I get frustrated when cars pass me on the near side on motorway whilst I am passing other vehicles my speed is around 65 mph the road is not congested is this legal.
Legal or not it is a stupid manoeuvre
Regards

Well clearly you are not passing other vehicles if cars are passing YOU on the inside! What you are doing is hogging the middle lane which is both annoying and a motoring offence. As already established multiple times on this thread, undertaking is not illegal (but middle lane hogging is). If a vehicle travelling in the driving lane at 70mph passes you doing 65mph in the middle lane YOU are at fault. Stop being an idiot and move over. You can pull back out again once you are actually ready to overtake a slower vehicle, not that I can imagine there are that many vehicles travelling down the motorway so slowly that you could overtake them doing 65...

https://www.gov.uk/guidance/the-highway-code/motorways-253-to-273 ,,,,, (rules 264 to 266) ,,,,,, 264 ~~~~
"Rule 264
You should always drive in the left-hand lane when the road ahead is clear.
If you are overtaking a number of slower-moving vehicles, you should return to the left-hand lane as soon as you are safely past. ,,,"

If you want clarification on the rule on motorway overtaking on left you should read the Introduction to the Highway Code. It clearly states that the words "Must/Must Not are used to state that a rule is law. Other words like do/do not, should /should not are only advisory. So in a nutshell it is NOT illegal to undertake on inside irrelevant of speed within the limit

irrespective, not irrelevant!

Gobshite

Assume you are driving along on non busy 3 Lane motorway. You approach a car doing 40mph in the 3rd Lane. Should you keep a safe distance and remain behind them, with traffic backing up behind you. This could go on for miles & miles, effectively causing a very long tailback.

On a non busy motorway you would of course be in lane 1 and like everyone behind,
you could pass this idiot quite safely

And on a 4 lane motorway that streches for over 20 miles, to have at least 4 cars in lane 3 overtaking nothing in lane 1 or lane 2 for at least a mile at 9pm... I am in lane 1 travelling at 65mph, lane 3 vehicles are travelling at 55-60mph. Am I in the wrong by staying in lane one or, should I move into lane 4 and then back to lane 1?

Stay and pass in lane 1. It is NOT a motoring offence.

Who are you to say

Are you a police officer Luke?

True it is not even classed as overtaking unless you were to pull back infront of the slow moving car afterwards

He's the one who reads and understands the Highway Code. He wants to know who are you are?

The legal offence would be dangerous/reckless/careless driving. There is no specific law to say undertaking is illegal - however, if your driving attracts the attention of a plod for one of those reasons your only defence would be that said plod had ignored an endorsable offence of lane hogging to stop you for filtering

Sorry, I meant if turning RIGHT …

In East London I acquired a fine (yet to arrive) due to buses flying down the bus lane then cutting in to turn right, massive problem with Bow flyover so traffic was horrendous, I waited through 6 traffic light changes saw at least 15 buses cutting up all other drivers, eventually we got going at speed for about five seconds yet again bus driver cut in we all got stopped another driver and I were stuck on the yellow money trap, this is the second time at the same place for me but the buses are completely monopolising the situation to their advantage with out regard for other road users does anyone think I can appeal ???

The speed limit on a Duel Carriageway is 70mph
There is a car in the right hand lane doing 50mph
I pass on the left doing 70mph
Who is at fault
I have not exceeded the 70mph limit

you have not committed an offence, unless a police officer considers the speed at which you passed to be dangerous, in which case you would be charged with dangerous/careless driving

I can understand the temptation but if the middle lane hogger is so unaware of their poor skills they may well side slam you - because you were undertaking I reckon legally its your fault

Nope. If you remain in the inside lane and the middle-lane hogger side swipes you, he is definitely at fault. It is the person changing lanes causing a collision that is at fault here.

John,
Nothing is as simple as that. Speed is obviously a relevant factor. Some middle lane hoggers travel at 70mph, drivers who overtake on the left can make it very difficult to return to the left lane

https://www.bikerandbike.co.uk/undertaking-is-not-illegal/

If the driver in lane 2 changed into 1 and a collision occurred then he/she is 100% at fault for committing two motoring offenses. 1 Lane hogging... 2 Driving without due care and attention... Undertaking is legal in UK.. Weaving in and out of traffic is a different matter.

So if the multi lane road is NOT congested,it wouldn't be allowed if someone overtook on the inside lane.Because there was only 3 cars where i was on a multi lane.Black cab driver on the inside lane,me on the outside and a f**k**g idiot sped up behind me,wizzed on the inside lane and got infront without indicating and forced me into colision when he stopped.It was that idiots' fault for giving me no chance of stopping as i skidded.

Nowhere in the UK Highway Code does it say it's illegal to undertake. Congested or not

Read rule 267. I think the Highway Code is unacceptably ambiguous on this matter, and I read it to mean that ‘undertaking’ is allowed if the traffic in the left hand lane is faster than a lane to their left. https://www.gov.uk/guidance/the-highway-code/motorways-253-to-273

I was in a collision at the weekend, I indicated to park, passed into the oncoming lane then turned back into original lane slightly, to get a better angle to reverse park, as I did so a woman undercut me on the left and the front end of my car hit her side. Who's to blame? I checked my mirrors and she was about 10m behind before I manoeuvred. Also when we both got out of our cars, it came to light that she was rushing, because her passenger jumped out and shout "well im definitely going to be late for work now".
I believe she should have waited for me to finish my manoeuvre.

A friend was driving (legally) in a bus lane at a time when it was not operative and got pulled over by the police for passing vehicles on the inside. He had a verbal warning I gather. Had they read the signs correctly, the other cars should have been in the bus lane also. Interesting point.

Just to be clear.
The act of undertaking involves weaving in and out of lane. Approach in lane behind the lane hog, move left, pass then move back over to the right.
What is perfectly legal is if you are already in lane 1, pass in lane 1 and continue on in lane 1 - providing you stay within the speed limit.

Undertaking is overtaking on the left. If I pass multiple vehicles to my left then I have overtaken them. It's got nothing to do with moving out, overtake, then move back in, then out to overtake the next vehicle. It's the exact same to do it on the left. The only time where you would have to come from directly behind and finish in front is when you're confined to one lane on your side of the road.

Highway Code 268 - overtaking on a motorway.
Do not overtake on the left or move to a lane on your left to overtake. 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.

If a vechicle was indicating to turn right but unable to do so
And the bus lane was free
Could I use it to undertake the car in front

When a bus lane is free it becomes the inside lane, and that is the lane you should be in if going straight. It is quite legal to pass on left, whether the vehicle ahead has indicated to turn right or not.

Basically it seems you can pass on the inside in lane 1 during the normal course of traffic. You cannot _overtake_ in lane 1 you were previously in lane 2, and go back to lane 2. However if lane 3 is free and you are in lane 1, it is safer to overtake someone in lane 2 via lane 3, and then return safely to lane 1.

If you undertake in the nearside lane and the middle lane driver moves left. Both at fault as you will find out when you claim your insurance.

Absolute nonsense.. This question is like a disease the a will never have a cure.. People make their own decisions and won't take advise from those who know what their talking about
https://www.bikerandbike.co.uk/undertaking-is-not-illegal/

I just failed my driving test for undertaking a gritter that was driving along in the middle lane. I hadn't changed lanes just kept to my own lane. They said its highly illegal to do it

Either you carried it out dangerously or your driving tester doesn't know the law on passing on inside.

You have my sympathies, read my comment and then as the civil service inadvertently has said to you suck it up and pay more money for their service. Hopefully you have since had justice served and passed the test.

Watch this and tell me what you think,https://www.youtube.com/watch?v=oKdLQS9ddBw&lc=z22efvqr4sazdv33jacdp432vuhulgixzxw3d3rspf1w03c010c.1521222193827215

*Dawdling in the middle, that ought to be

It is. Since 2013 tailgaters and middle lane hoggers can be charged with careless driving ("If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence"). lane hogging falls under the "without reasonable consideration for other persons".

due to HGV's in lane one, a high percentage of motorway are not up to standard and giving a rougher ride, this can explain lane 2 hoggers. the blame lies with the goverment in not resurfacing lane 1 to a higher standard so the lane lasts longer. Also It's lazy driving on the part of the hoggers and cruise control.

I've just failed my driving test, purely due to "overtaking in the left lane". A lorry ahead decided to pull into the right lane of a dual carriageway to allow another lorry on, the lorry now in the right lane, considerably slower than other traffic, congested traffic in the right lane, slowing cars behind it down. I was in the left lane, maintaining a speed of just below 60, a car pulled back beside me on the right and when the instructor advised me to I slowed down.
Should this be a fail?

If you were undertaking the lorry then yes, probably. Not because of undertaking, but because it was probably a dangerous thing to do. If the lorry pulled out to let another onto the dual carriage way then there is a high likelihood that it would want to merge back into the slow lane at the earliest opportunity, especially if it was unable to keep up with the traffic in the overtaking lane and was obstructing other vehicles. If you drove up the inside, which it sounds like you're saying, then either a) the driver sees you and can't move back in thus blocking the overtaking lane, or b) the driver doesn't see you (because lorries have poor visibility and he wouldn't be expecting you to be there) and he merges into you causing an accident. If the instructor actually interrupted the test to advise you to slow down it's probable he/she thought it was a potentially dangerous situation.

By instructor you mean examiner ?
I agree with Jim, you should have slowed down to allow the lorry to merge back in.

But why would the lorry driver move into the overtaking lane if he already knew it was moving faster and he couldn't keep up with it. If he stayed in the driving lane and keeping a safe.
I distance from the vehicle in front there would be no danger for the vehicle coming on to join the motorway. If the vehicle that was behind him was obstructing him getting back into the driving lane then all he has to do is ease off on the accelerator and move in when it's safe to do so. Unintentionally blocking a vehicle from moving back in is not illegal, but just inexperience.

As per the OP, the lorry moved out to let another one join, a fairly common thing to see on busy motorways if the slow lane is nose to tail. As previously stated the failed test was most likely because the instructor thought that the situation was dangerous, and "inexperience" isn't an excuse when it comes to taking your driving test. Hovering around on the inside of a large vehicle with poor rear visibility is dangerous and stupid. There are plenty of clips online of cars getting wiped out by lorries changing lanes. Even if the lorry driver is technically at fault in many of those cases, that doesn't mean that the car driver isn't driving dangerously.

The lorry driver would have moved out to the middle lane to allow the other lorry to emerge safely with the flow of traffic and also to continue his/her own momentum. A lorry can weigh anything up to 44 tons (equivalent to around 27 average size cars) so the acceleration is much less than that of a car, hence the attempt to avoid slowing down if possible. For the car following the lorry it would have been advisable to follow the lorry and also move out into the overtaking lane and definitely NOT encroach up the inside of the lorry. Also most HGV's are limited to a max speed of 56 mph and some even less.

Sorry to highjack the thread but seems appropriate to ask a question of my own, on a single file street lane, car infront of me moved to right hand box on the road meant for people who wishes to turn right, at this stage i over took him on the left as the gentleman was moving into the right turning box, as i became parallel to him, he started to go straight and resulted in colliding with my car at an angle/ driver side wheel arch. in my defense, the car infront moved out of the lane and then re-joined/ collided with my car should be at fault, but he is claiming that he moved out of the lane because of the stationary car up ahead of the road parked on the left, i am just trying to gain from people feedback who would have the right of way,

Best just to explain it to the insurers and they will sort out who is to blame.

There's no need to start a new debate. As mentioned several times above overtaking on the inside is not illegal. The stuff about congestion and cars turning right is just a red herring. You can pass on the inside and it is not forbidden in anyway by the highway code.

Spot on. I wouldn't even bother looking for the legal definition of "congested traffic". Rule 268 uses those words but nowhere in that rule does it say you Must/Must Not. Many people don't understand the wording of the HC because they skip the introduction and go straight onto a rule thinking it's law.

Good Point JM - thanks.

Jim, Some people just cannot grasp it. Reading the HC to them it's like a starting to learn foreign language!

Overtaking or Undertaking would constitute a manovoure. A manovoure requires a change of direction and possibly a change of speed. Also the highway code states that you may pass on the nearside when traffic in the offside lane to you is moving slower in a queue. Therefore what is the definition of a queue? How many vehicles are required and at what separation distance? I believe this is not defined, so therefore difficult to enforce.

Changing lanes could be done before and after the overtaking. Completely different manoeuvres. You can over-undertake multiple vehicles without having to move in and out every time. Both are legal whether slow moving, congested or queueing.

According to rule 268, one of the accepted times you are allowed to undertake is if you are on a "congested" multi lane road. I appreciate that you should not move to a lane on the left to do so. I have been an instructor for many years and my colleagues and I have had several pupils who have failed their test when they are travelling in the left lane at a sensible speed and a car in the middle or overtaking lane slows down sometimes for no foreseeable reason, our pupils continue at the same speed they have been traveling at but this causes them to pass on the nearside of the cars in the other lane. THEY HAVE THEN BEEN FAILED BY THE EXAMINER FOR THAT. I guess it is up to their infinite wisdom to decide, what qualifies as "congested". Had the pupil slowed down and travelled alongside the other car, I am sure they would have for that instead. Bless the civil service.

Hi John. It is pointless complaining about a driving examiner, they are above any reproach. The best result if they admitted that the test was not conducted correctly and the candidate would be given a re test, the process is very long and involved. Over the years there has not been ONE test were the result has been overturned, considering that millions have been carried out, I find that arrogant beyond belief. I have to remind myself that these examiners are supposed civil servants, a name I find insulting as they are anything but civil and servants. I have to say there are many decent examiners but there have been are still many very bad apples in the system. I have been instructing for over 40 years and the truth about the examiners is a scandal but is not of any interest to drivers as most drivers are pretty apathetic about learning to drive and certainly about the testing process. Take care.

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