Based on what you were saying I thought the Rules of the Road had changed.
Guess what they haven't - you've always been allowed pass on the left.
Here's what the Rules of the Road say:
You may overtake on the left when
- You want to go straight ahead when the driver in front of you has moved out and signalled that they intend to turn right
- You have signalled that you intend to turn left
- Traffic in both lanes is moving slowly and traffic in the left-hand lane is moving more quickly than the traffic in the right-hand lane
So if you pull into the climbing lane and are not speeding then you should be OK to pass the guy. This was one of my questions at my test.
Cheers, P