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Undertaking... on the road that is

Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,539 Mod ✭✭✭✭johnnyskeleton


    My view is that so long as you don't exceed the speed limit or drive dangerously, there is no rule of law which prohibits overtaking a car in the right hand lane when you are in the left hand lane of a dual carriageway. However, I suppose if there is a no overtaking sign there (which is highly unlikely on a real dual carriage way) then it is a breach of the road traffic regulations.

    The rules of the road permit you to overtake in the slow lane, provided it is a dual carriage way and not a hard shoulder. Technically, you are not so much overtaking as the traffic in your lane is moving faster than that in the other lane.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Article 10 Road Traffic (Traffic and Parking) Regulations 1997
    http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a10

    10. (1) A driver shall not overtake, or attempt to overtake, if to do so would endanger, or cause inconvenience to, any other person.


    (2) A driver shall not overtake, or attempt to overtake, unless the roadway ahead of the driver—


    ( a ) is free from approaching traffic, pedestrians and any obstruction, and


    ( b ) is sufficiently long and wide to permit the overtaking to be completed without danger or inconvenience to other traffic or pedestrians.


    (3) A driver shall not overtake, or attempt to overtake, on a stretch of roadway on which traffic sign number RUS 014 [no overtaking] has been provided.


    (4) Subject to the provisions of sub-article (5), a driver shall overtake on the right and shall not move in towards the left until it is safe to do so.


    (5) A driver may only overtake on the left—


    ( a ) where the driver of the vehicle about to be overtaken has signalled an intention to turn to the right and the driver of the overtaking vehicle intends, after overtaking, to go straight ahead or to turn to the left,


    ( b ) where the driver of the overtaking vehicle intends, after overtaking, to turn left at the next road junction and has signalled this intention,


    ( c ) in slow moving traffic, when vehicles in the traffic lane on the driver's right are moving more slowly than the overtaking vehicle.


  • Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    So it is ok.

    Obviously the vehicle in the overtaking lane is travelling slower than you want to go.

    So if you move into the left lane point c becomes valid.

    c ) in slow moving traffic, when vehicles in the traffic lane on the driver's right are moving more slowly than the overtaking vehicle.


    The term slow moving traffic is up to anybody to decide as it is not defined. Could be 30km/hr or 150+km/hr


  • Registered Users Posts: 54 ✭✭ejvilla


    Chief--- wrote: »
    The term slow moving traffic is up to anybody to decide as it is not defined. Could be 30km/hr or 150+km/hr

    Surely it can't be over the speed limit on a particular road?


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,539 Mod ✭✭✭✭johnnyskeleton


    Chief--- wrote: »

    The term slow moving traffic is up to anybody to decide as it is not defined. Could be 30km/hr or 150+km/hr

    It only applies on a dual carriage way. A dual carriage way does exactly what it says on the tin - it has two lanes. So the very fact of someone driving faster in the left hand lane could be considered overtaking in the left hand lane, but in reality it's just driving faster than the traffic in the right hand lane. You can't overtake to the left on a one lane road no matter how slow the traffic is, and you can't overtake in the hard shoulder.


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  • Registered Users, Registered Users 2 Posts: 22,662 ✭✭✭✭Esel


    Chief--- wrote: »
    So it is ok.

    Obviously the vehicle in the overtaking lane is travelling slower than you want to go.

    So if you move into the left lane point c becomes valid.

    c ) in slow moving traffic, when vehicles in the traffic lane on the driver's right are moving more slowly than the overtaking vehicle.


    The term slow moving traffic is up to anybody to decide as it is not defined. Could be 30km/hr or 150+km/hr
    I can't see many judges accepting the point that traffic doing say 115k/hr is 'slow moving traffic'. I have always understood this to mean bumper-to-bumper stop/go traffic tbh.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 19,061 ✭✭✭✭Del2005


    It's illegal to over take on the left unless the car in front has indicated right and pulled over or you have indicated left and the traffic on your right is slow or stopped.
    On a dual carriage way you can only over take on the left if there are 2 solid lanes of traffic and the traffic in the right lane is moving slower then the left.
    If you are driving on a dual carriage way in the driving lane at the speed limit and a car is in the overtaking lane going slower you are supposed to indicate into the over taking lane and wait for them to get out of your way, you can flash your heads or stick on right indicator, but don't drive close or be aggressive. If they don't move over you can't overtake. We had a Garda in work for traffic safety and asked him about this. They will do you for dangerous driving if they see you overtaking on the left, and the eijet sitting in the overtaking lane will drive on with out a care in the world

    Saying that. If someone is driving slowly in the overtaking lane I'll pull behind them, flash/indicate and give them time to react. If they still sit in the overtaking lane I'll pull into the driving lane and keeping well left get past then ASAP.


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    A dual carriage way does exactly what it says on the tin - it has two lanes.
    Darned lawyers not understanding technical terms. :)

    A dual carriageway is a divided road, that is with a median between opposing traffic. A carriageway can have any number of lanes, although it tends to be between 1 and 3.


  • Registered Users, Registered Users 2 Posts: 908 ✭✭✭scuby


    on page 45 of the RSA rules of the road it states....

    point three :

    " you may overtake on the left when traffic in both lanes is moving slowly and traffic in the left-hand lane is moving more quickly than the traffic in the right hand lane"

    it does not states it has to be a dual carriage way or motorway...


  • Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    I'm going on the theory that in slow moving traffic i.e. city/town traffic almost bumper to bumper 5-10kph it is ok. Faster moving traffic it's not. Giving way to traffic on the right is the general rule.

    Say, if you are travelling at say 60kph & you are in the right lane of a dual carraige and you indicate to pull into the left lane and a vehicle is undertaking you, that driver is in the wrong.


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  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    scuby wrote: »
    on page 45 of the RSA rules of the road it states....

    point three :

    " you may overtake on the left when traffic in both lanes is moving slowly and traffic in the left-hand lane is moving more quickly than the traffic in the right hand lane"

    it does not states it has to be a dual carriage way or motorway...
    What are you trying to say - that it's okay to overtake on the hard shoulder of an N or R road (assuming such a hard shoulder exists)?

    Sub-article (4) covers this eventuality.


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    The hard shoulder is not a lane. You are not allowed drive on the hard shoulder.


  • Closed Accounts Posts: 1,253 ✭✭✭Sandwich


    So if you move into the overtaking lane on a motorway, stay there (Ok, its wrong, but you're doing it), and do 40kmh (ie. not 'slow'), then the correct behaviour of all cars behind you in both lanes, is to stay behind you. Even if traffic is backed up behind you from Swords to Newry?


  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    Sandwich wrote: »
    So if you move into the overtaking lane on a motorway, stay there (Ok, its wrong, but you're doing it), and do 40kmh (ie. not 'slow'), then the correct behaviour of all cars behind you in both lanes, is to stay behind you. Even if traffic is backed up behind you from Swords to Newry?
    As was said earlier, it would be up to the judge as to what "slow moving traffic" is. In your example, the judge could interpret the said 40km/hr "slow", relative to the normal speeds of the motorway. Then again, he/she may not.


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