Can you undertake in Scotland and who is to blame when a collision occurs.

Many of us have been stuck behind a lane-hogger on the outside lane of the motorway. Here, our resident road traffic expert, Richard Freeman, explains what not to do if that happens. We represent many clients who, having lost their patience with lane hoggers, have allowed their frustration to get the better of them, by tailgating or flashing their lights and ultimately by under-taking them at speed.

This arises because the lane hogger has steadfastly refused to move over into the inside lane to let the other motorists past. We have dealt with many cases where both drivers involved have been charged with dangerous driving. It is not uncommon to see other charges leveled. These include breach of the peace, assault, and culpable and reckless behaviour against both drivers, after trading hand gestures, verbal abuse and threats have taken place.

There are usually 3 reasons why lane hoggers hog:

1. Absent mindedness — They do not check their mirrors and consequently fail to realise that they are holding up a queue of traffic.

2. Ignorance — They fail to appreciate that the Highway Code directs drivers to use the outside lane of a motorway for overtaking purposes only, after which they must return to the inside lane.

3. Selfishness — A motorist who, come what may, will not allow anyone to pass them, adopts a stubborn attitude, and the more someone attempts to pass them, the more determined they are to prevent that. This is a deliberate act and often provokes the most extreme response from other motorists.

We have even seen a van driver being prosecuted for careless driving, for failing to move out of the overtaking lane when an emergency vehicle was directly behind, en route to a 999 emergency. In Scotland, although there is no specific offence of lane hogging, it can often amount to careless driving. This is because the manner of driving is inconsiderate of other road users and can cause them to have to slow down or brake unnecessarily.

The main problem with lane hoggers is that it provokes other drivers to break the law and also increases the chance of a serious accident. It is not uncommon to see a convoy of vehicles travelling behind a slow-moving vehicle encamped in the outside lane of a motorway. No amount of horn blowing and flashing of lights makes any difference. The anger and frustration that builds up is palpable, until someone breaks rank and begins to under-take. At this point the lane hogger eventually gives in and move in, right on top of the under-taker who has by this time drawn level with the hogger. Who's to blame in this situation when a collision occurs between the two vehicles? The answer is definitely the lane hogger and possibly the under-taker.

The Highway Code says you shouldn't under-take unless there is a slower moving queue of traffic in the outside lane. It is therefore not an offence in Scotland, unless it amounts to careless driving. Much will depend on the context at the time. For example, how fast each of the vehicles were going and the volume of traffic and the nature of the road. The lane hogger has breached the Highway Code, but also isn't committing an offence unless his driving amounts to careless driving. In this example, he has changed lanes without first making sure that it was safe to do so. That amounts to careless driving.

A lane hogger who causes other motorists inconvenience could receive at the very least 3 penalty points and a fine of £100. The number of points and the fine could increase depending on the severity of the offence. An under-taking offence could potentially be much more serious. In extreme cases, it could amount to dangerous driving where a disqualification of a minimum period of 12 months would be imposed by the court, along with a requirement to resit an extended driving test. The court also has the power to impose a substantial fine and even a term of imprisonment.

Click HERE if you wish to view the Article on the GlasgowLive.co.uk website.

All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Dumfries Paisley East Kilbride Perth Livingston Giffnock Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes Fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Kilwinning Ayrshire Viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray