74% of the UK population aged 17 and above, hold a valid UK driving licence. Though knowing the requirements of your driving licence, seems to be a myth to many. From the research we've conducted, we've found that 4/5 people don't know the correct requirements, and rely solely on the 'Highway Code'.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability.
Out of the 4/5, 3/5 would contest that a 'RULE' is a requirement, rather than a guidance to the test in law, which is 'Careful and Competent Driver', and so many of these rules are 'safety' established, which means 'When done safely' it's not an offence.
Throughout this article, we will explain various myths surrounding some of the RULES, as well as explain why done correctly, the RULE is no more than just guidance to keep you safe on the road.
One of the biggest myths we come across daily, and it is one that is incorrectly portrayed by many 'Public' services, which includes the Police and DVSA. The DVSA as a matter of 'Fact' according to many driving instructors, recommends 'Failing' learner drivers for this RULE, when the RULE itself is not an offence under the 'Road Traffic Act 1988'.
UNDERTAKING: RULE 268
Undertaking is not 'ILLEGAL', in fact RULE 268 isn't a 'MUST' or 'MUST NOT', which means it is 100% guidance and not law. If you actually read the RULE correctly, it does say that 'Undertaking' is allowed.
In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right.
Undertaking is also a normal condition of your driving, as a driver you will undertake on a daily basis and in most cases, without realising it and so you don't know you are actually doing it.
When you pass a car that is turning right, you undertake that car in order to pass it, but what you should understand from RULE 268, is that the RULE is for 'Motorways' only. It isn't and shouldn't be applied to any other condition of the road.
To fully understand a RULE that isn't law, you have to apply 'Common Sense' to what is already established fact. If you pass a 'slow moving vehicle' and these aren't always vehicles such as Tractors or Cyclists, these are vehicles that are restricted by speed in law, and so as an example, a lorry is restricted by speed in law and so can't do more than 60mph on a motorway. Bearing in mind, that the speed limit on the motorway is 70mph, so undertaking a 'slow moving vehicle' that is in the middle lane and you're in the inside lane, is not illegal and perfectly fine.
However if that lorry is in the middle lane and you move into the inside lane, so that you can 'undertake' that lorry, that is a 'Driving Offence', as your action is to undertake purposefully, instead of overtaking.
However sometimes there is exception to this, such as you need to come into the inside lane to come off at the next junction, or the outside lane is also moving slowly and the only safe moving traffic is in the inside lane (for which you should already be in if not passing others).
Another one that seems to be lost on the many, is the use of 'Speeding Calming Measures' for roads, this is RULE 153. We've found that many people don't actually understand the different types, for different roads, conditions and speeds and this is where we've found most drivers are committing an offence.
Maintain a reduced speed along the whole of the stretch of road within the calming measures.
This doesn't mean 'Slow Down' or 'Slam your brakes on' to reduce your speed to go over them, which is a 'Myth' that many drivers seem to apply and without taking consideration for the road they are on and why the calming measure is there.
If you are travelling at 30mph, on a road that the 'Speed Limit' is 30mph, you don't slow down to 20mph (you are committing an offence if you do) to go over it, as you are ignoring the condition of the road if you do, and that's the fact the applied 'Speed Limit' is 30mph. The calming measure on this road, is to reduce the speed to 30mph and so you must maintain the required limit of the road (again for law, only slow moving vehicles can legally go slower than the limit of the road).
Unlike 'Speeding' which is an offence defined by law, going under the 'Speed Limit' without a valid reason to the requirements of law, falls under the 'umbrella' of the 'Road Traffic Act 1988', and is constituted an offence under 'Careless Driving' and 'Due Care and Attention'.
Slamming on your brakes without good reason, can see you with a minimum of 3 points on your licence, it can also result in a 'Civil Claim' against you for 'Whip Lash'', as your actions, can result in others having to take emergency actions, where non should be required if you was driving to normal conditions of the road.
Summary:
RULES in the 'Highway Code' should in most be only used as a 'Guidance' to the requirements of the 'Road Traffic Act 1988', and where the words 'MUST' and 'MUST NOT' is used, should be the only reference of the 'Highway Code' to reference law, as everything else is 'Common Sense' use for the test in law, which is 'Careful and Competent Driver'.
Where you have a RULE without the required words for law, you apply 'safety' and 'common sense', you have to fully understand it's not a requirement to do what the guidance applies, such as 'RULE 201', so long as you apply 'safety' into the rule, you are not committing an offence.
Another example is 'RULE 223'
Buses, coaches and trams. Give priority to these vehicles when you can do so safely, especially when they signal to pull away from stops. Look out for people getting off a bus or tram and crossing the road.
If you 'Flash' your lights to let out a bus, you are committing an offence by doing so, if you let out a bus, whilst other vehicles are behind you, you are committing an offence. If a bus pulls out in to live traffic, the driver is committing an offence.
The reason to why you 'could' be committing an offence, is other 'RULES' are applied first, some of those 'RULES' are 'MUST' and 'MUST NOT', a bus should only be given priority when it is safe to do so and all other conditions are met first.
So the 'Highway Code' can be very confusing, though through applying 'common sense' and 'safety' to those 'RULES', and understand how those 'RULES' apply to law and when, is to understand how not to commit some of the most common offences, that many don't realize they are actually committing.