Road law and overtaking on the inside

A friend of mine told me recently that so long as the manouvre can be carried out safely, it is permissable to overtake on the inside. He stated this after I had admitted to him that on odd occasions whilst using one-and-a-half mile stretch of dual carriageway (2 lanes in each direction, with rarely a parked car in sight) with a 40mph speed limit, I had overtaken the odd car which had been travelling in the outside lane, often at less than 30mph. The driver of this car would usually have their seat adjusted so that their chest was against the steering wheel and their face as close as possible to the windscreen. I suspect also that the driver(s) have little or no knowledge of the concept or use of the driving mirror. Can you clarify this overtaking point for me please?

Answer

There is no specific offence of passing on the inside -- probably because in laned urban driving, for example approaching a roundabout at low speed, this is everyday and accepted practice -- however should an accident occur as a result of such a manoeuvre on the open road  such as a dual carriageway or motorway, a charge of careless driving might ensue and (more likely) liability for the accident would be significantly apportioned against the driver passing on the inside.

Even if the driver in the outer lane pulls over at the point of your passing them and thus would seem to initiate the impact, your manouvre is contrary to the Highway Code. You shouldn't be there and thus at the very least would be open to a counter claim of contributory negligence and probably be deemed to be liable.

The safest option to take should you encounter such drivers, is to first warn them at a safe distance by flashing your lights in an attempt to persuade them to move over. If the car in front does not seem to use mirrors and this does not work, you may wish to sound your horn to draw attention to your light flashing.

Where there is only one lane, and a driver tries to pass on the inside, often mis-described as "undertaking", this is very dangerous and likely to lead there being no defence in the event of an accident.

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