We've all been there. Drivers unnecessarily hogging the centre or outer lanes of our motorways. Many of us have chosen to undertake when this scenario simply becomes unbearable - but are we breaking the law when doing so?
What the Highway Code says
Highway Code Rule 267 says ‘Overtake only on the right' and then Rule 268 emphasises the point... ‘Do not overtake on the left or move to a lane on your left to overtake’ - so that's quite clear and as the vast majority of us would've known.
However, there are certain circumstances when this rule does not apply. You can undertake slower traffic as required and Rule 268 goes on to explain... ‘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.
So you can undertake in this scenario - legally - but those motorists who weave in and out of traffic are going against the Highway Code that says... 'Do not weave in and out of lanes to overtake.’
Penalties for undertaking
There is no specific offence that refers to undertaking but if caught it's likely you'll be done for Careless Driving. At a minimum, the sanction is a Fixed Penalty Notice that incorporates a £100 fine and at least three penalty points on your licence. As Gary Neville has found out, your licence can be revoked if you offend repeatedly.
