Question of the week: Is overtaking on the left illegal?

Dear Honest John,
"I try to be a good driver and follow the rules, but frequently on motorways I find myself approaching a car in an outside lane going more slowly than me, even when I'm sticking to the speed limit.
It is irritating to have to move into the outer lane, wait for the driver ahead to move over, overtake and move back to an inside lane.
Is it actually illegal to undertake in this situation?"
- AJ
Dear AJ,
This is arguably one of those situations where the Highway Code doesn't quite cover the realities of modern driving.
It does offer some guidance however, which is pretty clear. Rule 267 states: "Overtake only on the right" while Rule 268 states: "Do not overtake on the left or move to a lane on your left to overtake."
However, it goes on to say that in congestion where adjacent lanes are moving at similar speeds you may keep up with the traffic in your lane even if this means passing traffic in the lane to your left.
It's also important to note that the rule states 'do not' rather than 'must not', which means there isn't a specific law prohibiting this action.
Even so, that doesn't mean you couldn't potentially be prosecuted for driving without due care and attention if a police officer happened to witness you undertaking outside of these circumstances, and there is always the risk that the boneheaded driver sitting in the outside lane while overtaking no one could decide to move left into your lane.
This issue could be solved by change in the law, but allowing passing on the left could mean irresponsible drivers blasting past you on the inside which is potentially much worse.
We would suggest undertaking is best avoided outside of circumstances where it is accepted in the Highway Code or otherwise unavoidable, however tempting it might be.
Can you overtake cyclists on double white lines?
