Since the government introduced a crackdown on lane hogging in August 2013 motorists may wonder what impact this is having on police policy and, furthermore, they may ask themselves how is this satisfactorily proved anyway?
Recently obtained figures suggest that few motorists are being issued with fixed penalties for careless driving which, in the context of lane hogging, is tailgating other drivers or hogging the middle lane of the motorway.
In records obtained under a Freedom of Information request from 17 of the country’s police forces there were only 54 cases of drivers being penalised for driving too close to the car in front. There were only 21 fines issued for hogging the middle lane. This figure was split across only 8 police forces since the majority were unable to distinguish the offence from other instances of “poor lane discipline”. The Police Federation had forecast that the measures would be “unenforceable” and to some extent their prediction has been borne out.
Getting caught on a static or mobile camera for speeding is one thing and is generally (if not invariably) conclusive but there is no dedicated technology for detecting and recording instances of tailgating. The police will likely rely upon actual observation of instances of poor driving on motorways and may make use of video equipment in these circumstances. However this is all dependent on the frequency of motorway patrols and it will often come down to a matter of timing. It is a matter of common sense not to drive too close to the vehicle in front and the Highway Code tells us to only drive in the middle and outside lanes of a motorway sparingly and for good reason.
If a motorist is stopped and accused unreasonably of lane hogging he should consider requesting sight of any visual evidence or other information from the police in order to better assess the quality of the case. It may well be a police officer’s opinion and one formed from a position on the road where there is at least an element of doubt as to its certainty.
A fixed penalty is all very well as it is dealt with swiftly but it will also carry an unwelcome three points, in addition to the financial cost.
If you are in any doubt you should consider seeking professional advice as soon as possible.
This article is intended for general information purposes only and shall not be deemed to be, or constitute legal advice. Newnham & Jordan Solicitors cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article or any external articles it may refer or link to.
