This article is from 2015, but it’s had a run of hits lately and is therefore due an update.
I saw a discussion on a forum where someone had crossed or straddled a solid white line to pass a jogger and was now fretting that he’d broken the Law. I also noted that none of the replies gave a definitive answer.
The Highway Code (HC) only says this about crossing solid white lines (it’s in Rule 129):
129
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26
It is this rule that most people focus on. But what they usually don’t do is take into account the reference at the bottom. You see, whenever the HC refers to a MUST NOT rule (which is in RED in the paper version of the HC), the actual law you would be breaking is always given in the reference underneath. In this case, Section 36 of the Road Traffic Act (1988), and the Traffic Signs Regulations and General Directions Regulations 10 and 26. These are abbreviated to RTA and TSRGD.
TSRGD, which is the one we really need to look at, has a handy web app now. Reg 26 of TSRGD, Paragraph 6, says:
(6) Nothing in paragraph (2)(b) shall be taken to prohibit a vehicle from being driven across, or so as to straddle, the continuous line referred to in that paragraph, if it is safe to do so and if necessary to do so
(a) to enable the vehicle to enter, from the side of the road on which it is proceeding, land or premises adjacent to the length of road on which the line is placed, or another road joining that road;
(b) in order to pass a stationary vehicle;
(c) owing to circumstances outside the control of the driver;
(d) in order to avoid an accident;
(e) in order to pass a road maintenance vehicle which is in use, is moving at a speed not exceeding 10 mph, and is displaying to the rear the sign shown in diagram 610 or 7403;
(f) in order to pass a pedal cycle moving at a speed not exceeding 10 mph;
(g) in order to pass a horse that is being ridden or led at a speed not exceeding 10 mph; or
(h) for the purposes of complying with any direction of a constable in uniform, traffic officer in uniform or a traffic warden.
When it comes to what you can pass there are a lot of things that aren’t specifically mentioned here – what if it’s a cow, or a sheep, or even a dog that’s being led… but not a horse? What if it’s someone pushing a broken down vehicle (i.e. a motorcycle)? Does the Law therefore expect you to stop dead, possibly on a NSL road, just because it isn’t a horse instead of passing it carefully? I think not.
Passing a jogger is perfectly acceptable as long as you do it safely and correctly. Those white lines are there for a reason, after all, and although they will extend beyond the actual hazard they’re safeguarding you have to make sure you choose the best place to cross them.
Unfortunately, this is where learners – whether they are learner drivers or trainee/new instructors – can get it badly wrong. The HC also says (Rule 163):
…give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car…
It doesn’t mention joggers, but anyone with an ounce of common sense will realise that it means them, too. I remember from my days training to become an instructor that there was this idiotic idea hanging around that you MUST give cyclists TWICE as much space as you would a car. That would mean driving almost on the pavement on the opposite side of the road! I’m not making that up – it was common at one time to advise twice the amount of clearance as for a car.
I actually like the HC wording, because sometimes you might have to overtake a something allowing less than a metre’s breathing space (i.e. on a country lane or other narrow road) – though you’d aim for at least a car door’s width in most situations. And like it or not, sometimes you have to do the same with cyclists and pedestrians (probably more so in summer, as they begin to use narrow country lanes). Even horse riders will occasionally stop and wave you through on a bend when they can see ahead – though they really ought not to – and you may have to pass much closer than you would normally as a result.
In order to pass a jogger (or a slow-moving cyclist) properly and safely – in the real world – your wheels would barely have to cross the solid white line in most cases. Solid white lines are there for a reason, and just because you have a reason to cross one doesn’t mean overdoing it and creating unnecessary danger. You need to pick your place, make your move, and be careful.
It goes without saying that you shouldn’t cross the white line if you are just trying to gain advantage as a priority, if the obstacle is moving at more than 10mph, or if you can’t see that it is safe to do so. Conversely, I am not suggesting that you should aim to whack every cyclist or runner with your wing mirror as you pass – try to give them 1.5m clearance, go slower if you have to get any closer, and don’t try to get past at all if there’s a risk of hitting them – just wait until you can do so safely.
Right now, giving ‘at least 1.5m clearance’ is advice and not Law. If you can do it, then do so. Otherwise, be very careful.