Smart motorways causing major issues with 'frustrated' drivers breaking Highway Code rules

A smart motorway

Smart motorways were scrapped earlier this year in April

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Felix Reeves

By Felix Reeves


Published: 30/09/2023

- 11:00

Motorists are being warned that dangerous driving on smart motorways could have fatal consequences

Smart motorways could be encouraging drivers to put other motorists at risk by carrying out dangerous manoeuvres at high speeds.

Experts claim that controversial smart motorways can cause major issues when vehicles break down with no hard shoulder to protect themselves.


This has been seen as a critical flaw for smart motorways with people involved in accidents or breaking down may be at the mercy of other vehicles.

Smart motorways use cameras and variable speed limits to keep the flow of traffic going.

WATCH NOW: The impact of smart motorways

Almost a quarter of drivers have admitted that they avoid using the left lane of a smart motorway in cases they collide with a stationary vehicle.

Graham Conway, from Select Car Leasing, said drivers who stay in the middle lane could cause serious accidents on the carriageway.

He added: “The theory behind smart motorways is to make all lanes available, including the hard shoulder, to keep traffic flowing and prevent congestion at busy times.

“Some don’t have a hard shoulder at all, with refuge bays instead spaced out along the highway, while others can have a dynamic emergency lane, depending on the situation.”

However, in April, the Government announced that new smart motorways would be removed from plans after major backlash from the public.

It also stated that existing smart motorways would continue to benefit from a £900million investment for safety improvements.

The Government said the plans were shelved because of a lack of public confidence from drivers and cost pressures.

It was estimated that constructing future smart motorway schemes would have cost more than £1billion, with Rishi Sunak saying all drivers “deserve to have confidence in the roads they use”.

Rule 276 of the Highway Code states that drivers should only overtake on the right, with the only exception being if there is congestion and different lanes move at different speeds.

Graham Conway continued, saying: “But there are many outspoken critics of smart motorways and unfortunately there have been some tragic incidents where people who have broken down have been killed due to being stuck in a live lane.

“This has led to many motorists ignoring the left-hand lane and instead sticking to lane two at all times.

“But this creates another problem. Those who are happy with smart motorways can get frustrated and undertake them in a bid to drive by the letter of the law.

“Any while undertaking is not illegal, the Highway Code is clear that it is not recommended due to the risks involved. It’s also punishable if deemed to be ‘careless driving’.”

Motorists found to be driving dangerously could be hit with a careless driving charge, which can result in an unlimited fine and between three and nine points on their licence.

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A smart motorway

Many were critical of smart motorways as they could put drivers in dangerous situations

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In the most severe situations, which result in a serious or fatal accident, drivers could receive a prison sentence.

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