Is the vehicle in the picture driving correctly on this motorway?

On motorway and dual carriageway roads with two or more lanes in the same direction, the driver shall normally drive in the rightmost lane, being able to use the others when traffic or road circumstances so advise, but always provided that they do not impede the progress of the vehicles following them.
In the case of the image, we can clearly see that there are no special circumstances to drive on the left, so it should be driving in the right lane.