The M40 near Jn 2 where there is 4 lanes really confuses the MLOC (Middle Lane Owners Club) They normally drive in lane 3, reducing the capacity of the motorway by 2/3rds if everyone drive legally and overtook them in lane 4. I'm happy to undertake them in lane 1.

 

The Highway Code clearly states that you should not overtake on the left or move to a lane on your left to overtake. However, it does also recognise that congestion occurs and that left-hand lanes may sometimes move faster than traffic to the right. It's the act of 'weaving' in and out of lanes to overtake which is an absolute no-no.

Taking the above into account, as I never commit the act of weaving then I'm quite happy to overtake on the left. Typically this is because the middle lane has 'congestion' because of an idiot who refuses to move into lane 1 or I regard the act of having to change lanes twice more dangerous (i.e. when traffic is so dense that it's difficult to change lane without rendering a vehicle behind with an unsafe stopping distance). I simply move right over in lane 1 and pay very close attention to the vehicle I'm passing and then safely carry on my way. Should I ever be challenged by the Police, I'd stick to my reasoning but would also accept if they said I was wrong. Important to add though, most of the time I do overtake using a lane to my right.

As for penalties for middle-lane hoggers, whilst catching them all is another story, I believe the act is considered driving without reasonable consideration (section 3 RTA 1988) and is punishable by endorsement of 3-9 points for starters.

Jonts.