Hogging The Middle Lane

[Jennykenny]

What's the difference between driving in the middle lane and hogging it.

I, along with dozens of cars to the front and back of me, drive along at 60 - 65, keeping up with the traffic but leaving a good space for breaking, stay in the middle lane. Apparently this is breaking the law??

[Brinjal]

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[New Judge]

The question of HGVs being mechanically limited and the national speed limits are two different things and this topic has arisen on AB before, TWR.

Since 1992 the EU has issued various directives stating that heavy goods vehicles must be fitted with a speed limiter. This was progressively modified and in about 2005 (I think) these directives were incorporated into UK legislation by amending Regulation 36 of the Road Vehicles (Construction & Use) Regulations 1986. The limit for large HGVs was set at 90kmh (which is 56mph). At first the UK was allowed to set theirs at 60mph but shortly after that the derogation was removed and they had to be set at 56mph.

If a large (>7.5 tonnes) HGV has a speed limiter (a mechanical device which actually prevents it being driven beyond a certain speed) these must be set to 56mph under the EU legislation. However, if no such device is fitted (which may be an offence) or if it is broken or has been deliberately disabled (which may also be an offence) an HGV driver cannot be prosecuted for speeding unless he exceeds 60mph (assuming he is on a motorway as that is the only place where 60mph is permitted for such vehicles). There is no such speed limit of 56mph in the UK. Apart some of 18mph for some tractors and works vehicles and some of 5mph for vehicles without springs or tyres, speed limits are in multiples of 10mph from 20 to 70.

[TWR]

Am I missing something here N.J. If a driver continues to "over run" the Limiter, that get obviously recorded & he will get done, the over run can be in places EG, M6 Shap, M1 Nr Derby South, There are many areas within the UK That the HGV can over run the limiter I can assure you, I have been there, & been in front of the Transport Manager, If the Comp allows Driver to Exceed the Limit it can effect the Hauliers Licence.

[New Judge]

I don't know about the haulier's licence, TWR. I would be very surprised if the licence was in jeopardy when no offence by the driver had been committed. The speed limit for HGVs on motorways in the UK is 60mph and the driver cannot be prosecuted unless that speed is exceeded.

I'll have a dig round and see if I can find anything about the operator's licence conditions.

[jomifl]

If you are overtaking slower vehicles in the inside lane then youare entitled to be in the middle lane.

[TWR]

I respect your input on the speed N.J. Yes it may still be 60 as C.J. said today, but every HGV has to be governed to 56, when this rule came out, many drivers got pulled by their Transport Manager for Exceeding the Limit, myself many many times, you were given a notice to sign by the Comp, that you Understood you had committed the offence, that put the comp in the Clear, in my case is was Castle Cement, People today do not realise the rules & Bull *** HGV drivers have to put up with,

[New Judge]

I've done a fair bit of digging, looking at VOSA information and quite a bit else besides.

There is NO legislation that limits the speed of an HGV to 56mph on a motorway. Haulage firms may have policies in place which require their drivers to do so but no prosecution, either by VOSA or the CPS, is possible unless 60mph is exceeded. Notices which acknowledge that an "offence" has taken place are therefore flawed.

There was (and it seems there still is) obvious confusion among haulage managers when the requirement to fit limiters was introduced. Like many EU regulations it seems insufficient thought was given to the matter.

[TWR]

I will give you credit N.J. you are on the ball with your information, It's not often I give best answers but you do deserve this, as you know & as I have said in the past, if anyone takes the time to give an answer, it's a best answer, I will have a drink on you, in fact I might have a few.

[TWR]

Best answer, N.J. For his time and effort.

[TWR]

Jennykenny,wake up!!!!

[Baldric]

Go on then, give NJ best answer, he's earned it!

[bowiewhist]

If there is no traffic in the inside lane then you are hogging. You should always return to the inside lane once you have passed vehicles moving more slowly than you. Clearly if there's a few slow cars ahead in the inner lane then this doesn't mean weave in and out - you have to exercise judgement - but if it would take you longer to reach and pass them than it would a vehicle behind you going at 70 then you should pull in so they are not required to use lane three. You are not permitted to hamper the progress of others - even if you perceive that by doing so you are keeping them to the speed limit - that is a judgement for them to make. It can be very tempting to stay in the middle because one fears not being able to get back into the flow of traffic when needing to overtake again but that isn't a reason to follow the pack of lane hoggers.