Lane hoggers beware

[timwilky]

At Last

Originally Posted by the local rag

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]

Originally Posted by Luckypants

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]

Originally Posted by Biker Biggles

-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]

Originally Posted by 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

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

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]

Originally Posted by munkygunn182

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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