Lane hoggers beware

[timwilky]

At Last

A painter and decorator has become the first English motorist to be prosecuted for hogging a motorway’s centre lane.


But Ian Stephens this week said be believed that he is the victim of a miscarriage of justice and is hoping to appeal against his conviction as well as the fine and costs which total almost £1,000. I feel I have been very harshly treated

Ian Stephens The 42-year-old father of two from Wigan, in Lancashire, was sentenced in his absence by Leeds magistrates, having been pulled over by a motorway patrol on the M62 near Huddersfield as he returned from a family visit to Yorkshire.

The new offence, aimed at reducing congestion and tailgating, had only been in force for a few days last August when police pulled him onto the hard shoulder.
The court was told Mr Stephens had several opportunities to move his Citroen Berlingo the inside lane, but didn’t. He was said to have been driving in “an inconsiderate manner,” blocking at least six other vehicles, which had to brake and overtake him.
Mr Stephens, who had pleaded not guilty, did not attend the hearing, having requested (in vain as it turned out) that it be transferred to Wigan Magistrates’ Court so it did not adversely affect his business so much.
Now he is wishing he had been there.
He said: “I feel I have been very harshly treated. On that day there was heavy traffic in all three lanes and the middle one, that my van was in, was going faster - I’d say about 60mph or more - than the inside lane which had a lot of lorries in it.

“I do remember there was an inside lane gap at one point between two HGVs but that would have meant slowing down, losing my momentum on a windy day as we went up a steep hill and then either causing the inside lane traffic to go even slower or another type of hazard as I tried to pull out again.
“I did nothing different from the other cars in my lane and if had, as it was claimed, caused numerous other vehicles to swerve and brake, surely that would be reckless driving? In fact as I was heading in a straight lane at a consistant speed one wonder what they were doing.”
Mr Stephens, who as well as having to pay out £940 also had five points put on his licence, said: “I am a one-man operation. I can ill afford this. I am going to Citizens’ Advice to see what my options are to appeal.”


so lets get more before the magistrate

[Trev B]

+1

[Luckypants]

No argument here. If there was more enforcement of these laws, the roads would be better places to be.

[ophic]

No argument here. If there was more enforcement of these laws, the roads would be better places to be.
I strongly suspect that instead of implementing this law (which already existed anyway as it's contrary to the highway code), they're just trying to use this chap as an example to scare some other folks into driving better.

The ultimate problem is lack of policing.

Well actually no, the ultimate problem is people thinking they can drive how they like and get away with it, but you get the picture.

[Biker Biggles]

Id like to see the video.I assume there is one as he was pulled over by a traffic cop.I say that because his story is consistant with normal driving on a busy motorway rather than lane hogging.I drive around the M25 and other busy roads and see some really bad cases of lane hogging,but not THAT many.I see far more cases of selfish aggressive driving by those who try to intimidate others to pull over into inappropriate "gaps" in slower moving traffic just so they can make a few yards "progress".
Police should stick to nicking the really blatent example like the one I passed on the M25 recently---Car in lane three of four driving at about 65 mph late evening fairly light traffic.Im catching up in lane one as are several other vehicles all in lane one or two.We all have to move out to lane four to drive round the mobile chicane.The car never pulled over and was still in lane three as long as I could see it in the mirror.Thats lane hogging.

[KingDerelict]

-Car in lane three of four driving at about 65 mph late evening fairly light traffic.Im catching up in lane one as are several other vehicles all in lane one or two.We all have to move out to lane four to drive round the mobile chicane.The car never pulled over and was still in lane three as long as I could see it in the mirror.Thats lane hogging.

I only rarely use motorways, but have often wondered what the best solution is when this happens. In this circumstance it would seem much more dangerous for everyone to move to lane four than to stick in lane one and (nominally) undertake. I can understand why you might be prosecuted for undertaking if you are weaving between lanes, but surely if you continue carefully in lane one, when someone is blatantly committing an offence by blocking lane three, that would be safer?


I understand that it is the law, just wondering if it is really the safest course of action? And what if he was doing 30 in the outside lane?

[PyroUK]

In that instance you should stick to lane one and pass on the left. As long as you aren't above the speed limit it's fine

[munkygunn182]

In that instance you should stick to lane one and pass on the left. As long as you aren't above the speed limit it's fine

Agreed. If the traffic in your lane is moving faster than lane 3 then you're not committing an offence (I believe). If you moved from lane 3 to lane 2 in order to pass a vehicle, and then back to lane 3, I believe that then constitutes undertaking.

I'm sure one of the Org Police Force will be along to clarify shortly :)

[ClunkintheUK]

I suspect what happened was something in between what the cop say and what he says. The thing that ****es me off, is that if he had enough evidence to make an appeal, then he should have made his point at the original court date. I suspect that if there is some truth to what he is saying which he can back up in some way, that even if he were still found guilty, he would have had a less stiff punishment.

Also he will probably have gone through numerous cameras on the day, which would corroborate or not what he is saying.

I believe that the law has been around a littler longer (going by the papers when it came out) its more the size of the punishment and ease of prosecuting that changed. Also I think you're right munkygunn, that is what I have been told too.

[andrewsmith]

Agreed. If the traffic in your lane is moving faster than lane 3 then you're not committing an offence (I believe). If you moved from lane 3 to lane 2 in order to pass a vehicle, and then back to lane 3, I believe that then constitutes undertaking.

I'm sure one of the Org Police Force will be along to clarify shortly :)
To my knowledge perfectly legal.
Done it with plod in tow on the M8

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[7755matt]

I'm sure imsaw a programme which said that undertaking is no longer an offence, but you could still get done for dangerous driving if you were weaving around a lot.

I pass people on the inside if it saves going out two lanes just to come back in to the inside lane.

[Biker Biggles]

There has never been a specific offence called undertaking,just a rather vague bit in the Highway Code about traffic moving slowly in lanes where the left lane is going faster.The "offence" is dangerous driving and that is a bit subjective.One coppers nick is another coppers thats fine.Id rather not rely on getting the right copper.

[munkygunn182]

I'm sure imsaw a programme which said that undertaking is no longer an offence, but you could still get done for dangerous driving if you were weaving around a lot.

I pass people on the inside if it saves going out two lanes just to come back in to the inside lane.

I do this too - if you're in the wrong lane, you're the problem, not me. I don't weave. If I'm passing on the wrong side but within the speed limit then I'm not strictly committing an offence, provided I carry on in that lane.

Either way, if I can pass you on the wrong side, within the speed limit, you're in the wrong lane. End of story (provided the lane isn't exit only....)

There has never been a specific offence called undertaking,just a rather vague bit in the Highway Code about traffic moving slowly in lanes where the left lane is going faster.The "offence" is dangerous driving and that is a bit subjective.One coppers nick is another coppers thats fine.Id rather not rely on getting the right copper.

Again, makes sense. Certainly done this a few times with plod about, they didn't seem even remotely interested...continuing to do the same in some cases.

[KingDerelict]

Thanks for the clarification, guys.

I'd sooner breach a technical rule and be safe, than put myself in danger just to ensure I followed the rules to the letter - I'm not German...:wink: (entschuldigen sie mir, bitte - es ist nur im Spass...)


Many years ago, I was making, ahem, good progress in the middle lane of the M4 (there were trucks in the inside lane, so it was fair enough) when suddenly my visor went completely black. This was in the days when visors used to have poppers on the side to stop them flapping about in the wind (ask your granddad), so I had to vaguely stick my left hand out and pray that a truck wouldn't flatten me. Amid countless horns and screeching of brakes I somehow managed to make it onto the hard shoulder and stop without falling off. The cause? A gigantic butterfly splattered all over my visor.


Ever since, I've always tried to keep left whenever possible...

[munkygunn182]

How big was that butterfly!?

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[Matt-EUC]

About face sized by the sounds of it...

[munkygunn182]

Does the M4 pass through Jurassic Park?

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[Matt-EUC]

Butterflies were bigger in his day. Just like summers were hotter and winters were colder.

[munkygunn182]

Ah. Time machine required.

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[Matt-EUC]

Could have just been a monstrous dragonfly.

[KingDerelict]

Determining the specific genus and species was a bit difficult given that its face and its @rse were fused together at that point, but when I told this story to a friend who knows a bit about these things, he reckons it was a Purple Emperor (which sounds like a name you might give your old chap), which he said can be about 4 inches across, and are quite rare (even rarer now). Worse, it might have been a mating pair (but what a way to go!). It certainly had a purple hue to it, as did my sphincter after that...

[Biker Biggles]

And another one.Coming round the Essex section of the M25 last night an absolute classic.Me in lane one at around 70 mph.Other cars passing me in lane two three and four,all doing round or just over 70.Road was moderately busy as it is at around 2300.Here comes Mr A Hole in lane four at considerably higher speed expecting other traffic to get out of his way even though they are using the BMW lane correctly to pass other traffic.Much flashing of headlights followed by heavy braking and the inevitable tailgating by said Mr Hole.I muttered "Oh hello" followed by an expletive description best left unrepeated.
Then we were passed by the Volvo estate with a familiar hi vis pattern livery.Oh yes the Polis saw it all and pulled him a mile up the road.They would certainly get him for speeding,but I hope they did him for the dangerous driving too which could have resulted in something far more serious.