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[quote][i]Originally posted by el gordo[/i] [quote][i]Originally posted by Ian[/i] OK, next one, which law says you can't overtake on the inside. [/quote] the only specific legislation that covers overtaking on the inside is Section 28 of the Town Police Clauses Act 1847! Section 28 of the Town Police Clauses Act 1847 provides, amongst other things, that 'Every person in charge of any waggon, cart, or carriage, who does not, when passing another carriage, keep his own vehicle to the right or off side' is guilty of an offence for which, believe it or not, the penalty is 14 days imprisonment! The offence has to be committed to the 'obstruction, annoyance, or danger of residents or passengers' so it is unlikely that proceedings would be instigated under this legislation except on the complaint of a third person, possibly the person 'undertaken', although there would seem to be no reason in law why a police officer who witnessed such an offence could not him/herself be 'annoyed' by it. And, although you might think that reference in this Act to 'wagons, carts and carriages' couldn't possibly have any relevance to today's high speed roads, you might be surprised to learn that, by virtue of Section 191 of the Road Traffic Act 1988, 'a motor vehicle is a carriage', so that section 28 could be utilised to deal with the comparatively modern practise of 'undertaking' on motorways. It has to be said, though, that prosecutions under this particular legislation are, to put it mildly, 'rare'. The main drawback and, hence, why the legislation is now little used is that offences under this act are not endorsable. Hardly surprising when you consider that the Act was passed fully fifty years before the first motor car was seen on the roads and and nearer one hundred years before driving licences were introduced, let alone the concept of 'penalty points'. here ian - i thought you were a copper? thats twice I've pointed chapter and verse for ya now ;) :thumbs: ;) [Edited on 19-01-2004 by el gordo] [/quote]
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