Is the Highway Code law and can you be fined for breaking it?

DRIVERS need to be clued up on the Highway Code to stay safe on the road.

We take a look at what it includes and whether or not it's the law.

1

Is the Highway Code law?

The Highway Code includes "legal requirements" according to the Government.

It says: “many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence.

“You may be fined, given penalty points on your licence or be disqualified from driving.

“In the most serious cases you may be sent to prison.”

that the Highway Code is not a legal document in itself and the rules outlined in it are not classed as official road laws.

However, this does not rule out the chance of being fined for breaking one of the 307 regulations.

Many of the rules in the Code are supported by official traffic laws, meaning you can be fined, prosecuted or disqualified if you ignore them.

Any using wording like "MUST" or "MUST NOT" is supported by a law.

Those who ignore the rules might find themselves with multiple traffic offences which may include dangerous or careless driving.

If so, they could be prosecuted under the laws they are associated with.

If you ignore the advice and have a crash, or the police judge that you are driving in a manner which might be a threat to other road users, you can still be prosecuted, usually for careless driving.

The RAC says: “Taken alone, the Highway Code is not the law.

“But many of its instructions are backed up by law and so have legal muscle behind them.

“Those points supported by the law are clearly identified in the document by wording like ‘MUST’, ‘MUST NOT’, rather than ‘should’ or ‘should not’.

“Failure to comply with the other rules of the Code can’t directly cause you to be fined, prosecuted or disqualified.

“But the advice it offers can be used as evidence in any court, to establish liability."

Can you be fined for breaking the Highway Code?

The short answer is, yes, you can be fined for breaking the Highway Code.

The maximum penalty is 14 years in prison and "unlimited fine" if you are found guilty of causing death by dangerous driving.

You may also receive fines for driving under the influence of alcohol or drugs; failing to stop after an accident; or driving without insurance.

Using your mobile phone while driving a car is completely banned.

Drivers may face a fine of up to £200 and six points on their license for using their phone, even when you're stopped at a red light.

If you don't have an MOT certificate for your vehicle you are risking of a £1,000 fine and could possibly see your car impounded.

Failing to wear your seat belt could cost you £500.

If you end up driving on the pavement on in cycling lanes, you could be fined £500.

Speeding offences can result in a up to £1,000 fine - or £2,500 if you're caught speeding on the motorway.

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What is the Highway Code?

The AA has explained that the Highway Code is a guide to how to use the road in England, Scotland and Wales.

The Code is updated regularly, but was first introduced in 1931.

In 2022 some sections were changed slightly in order to improve the safety of pedestrians and cyclists.

It is important you have a good knowledge of the Code if you are learning to drive.

Rules can range from driving in bad weather, motorways, breakdowns and road signs.

The Code is applicable to all road users, including the most vulnerable: pedestrians, older people or those with disabilities, cyclists, motorcyclists, drivers, and horse riders.