Undertaking on Motorway... 197

No, I need to define either undertaking or emergency. If one is true, the entire statement becomes true. I define emergency as:

(a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or (b) by reason of any accident, illness or other emergency; or (c) to permit any person carried in or on the vehicle to recover or move any object which has fallen on a motorway; or (d) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph,

The reason why the "undertaking" is important in the sentence is not that undertaking is in itself illegal (that matter is somewhat ambiguous). It is that it provides a motive for the manoevure which suggests strongly that the conditions for "emergency" have not been met.

whilst ?

My interpretation of the SI itself is that neither apply. Indeed it could be interpreted that you aren't even allowed to build up speed in the hard shoulder. One part says you must not remain at rest after the emergency is dealt with. The other says you can't move within the hard shoulder unless you have an emergency! Certainly under no reasonable interpretation does it say you may drive on undertaking at will until you feel like rejoining the carriageway. However, the situation is somewhat ambiguous and the courts will be guided by the Highway Code, which suggests that you may use the hard shoulder to build up speed whilst watching out for a gap.

8. No vehicle shall be driven or moved or stopped or remain at rest on any hard shoulder or in an emergency layby except in accordance with paragraphs (2) and (3) of regulation 6 above.

(b) shall not remain at rest on a hard shoulder or in an emergency layby for longer than is necessary in the circumstances or for the purposes specified in paragraph (2) of this regulation.

Christian.