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Aha, so that's where I'm getting muddled then. Ive noticed a bunch of people griping about middle lane hogging in this scenario. As if nobody has the right to occupy the middle lane for any period of time. I guess the road is full of people who don't understand the rules on both sides of the argument.
Depends on why you're doing it. Load of people get antsy about middle lane hogging without knowing why the person is driving there (inner lane congested with slow moving traffic).
For me, as long as the traffic in the middle lane is moving faster than the left lane it's fair game. They're passing slower moving traffic after all.