A van driver was pulled over by police after undertaking two cars on a motorway hard shoulder.
The vehicle was stopped on the M25 near Sevenoaks on Saturday after the driver was seen using the hard shoulder to pass vehicles at 70mph.
Following the incident on Saturday, Kent Police posted a picture of the van on social media site X and said a traffic offence report was issued.
The motorist was also reported for driving without an MOT.
The Highway Code says a hard shoulder should not be used unless in an emergency or if directed to do so by the police.
Inappropriate use of the hard shoulder can result in a £100 fine and three points on a driver’s licence.
While it is technically not illegal, undertaking is strongly discouraged by the Highway Code. It can be extremely dangerous and punishable if deemed to be careless driving.
The handbook says: “Do not overtake on the left or move to a lane on your left to overtake.”
However, there are exceptions to the rule.
In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right.
If this is the case, drivers are allowed to keep up with the traffic in their lane even if this means passing traffic in the lane to the right.
According to the RAC, undertaking recklessly could result in drivers receiving a fixed penalty notice (FPN) for careless driving or driving without due care and attention.
The RAC says: “This usually means three points on your driving licence and a £100 fine, although some police forces may offer a driver education course as an alternative.
“In some more serious cases it could be considered dangerous driving which carries a harsher penalty of up to nine points on your licence or disqualification, a fine of up to £5,000 and a court summons.”
