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so say im on the m5 3am no cars around i cant sit in the middle lane like i always do ?
thats crap
Inside lane is usually rutted to buggery from the HGV's. As for the police employing common sense, I wouldn't count on that one.
surely the middle lane deal is only if you're causing a nuisance by being slow etc and making people needlessly have to overtake? driving when the road's empty at 3AM shouldn't be an issue.
If you look up the definition of Careless and Inconsiderate Driving, there's a clause where someone has to have actually been inconvenienced by the poor driving.