Highway Code rule could see drivers fined £100 on the motorway

Elevated view of moving traffic on a motorway

Elevated view of moving traffic on a motorway (Image: Richard Newstead via Getty Images)

Motorists face the risk of incurring a hefty £100 fine for a certain action commonly seen on the motorway.

The Highway Code against passing slower drivers on the inside and while undertaking isn’t necessarily against the law, drivers engaging in such activity could still be subject to penalties for careless driving should they get caught. In this instance, motorists may be hit with a £100 fine, alongside three penalty points for reckless or hazardous conducting of their vehicle.

Some police forces may offer a driver education course as an alternative. Highway Code rule Highway Code 268 states: “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 you right. Do not weave in and out of lanes to overtake.”

Although the Highway Code contains no regulation explicitly outlawing undertaking, could easily be a dangerous manoeuvre, which would then be illegal.

If the vehicle is travelling in the middle lane when the lane to its left is clear, the driver could be given a fixed penalty by police and depending on the circumstances, any driver undertaking that vehicle on the left could also face a penalty.‌

Undertaking is when you overtake on the inside lane. When you overtake a slower vehicle on the road using a lane that is kerb side to the vehicle you are passing. In the UK this would be a lane to the right of the vehicle being passed.

In congested traffic where all vehicles are moving at similar speeds, undertaking may be necessary to maintain pace with your lane, even if it means passing vehicles in the right-hand lane. However, drivers should avoid weaving between lanes to get ahead.

The Highway Code strongly advises against overtaking in general, and crossing three lanes can lead to trouble.

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