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Highway Code
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Is it against the law to infringe the rules detailed in the highway code, or is the code a series of recomendations.?
e.g. if one parks on a bend which the Highway Code says one must not, is this breaking the law?
e.g. if one parks on a bend which the Highway Code says one must not, is this breaking the law?
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For more on marking an answer as the "Best Answer", please visit our FAQ.My understanding it that it isn't law itself, it is a code of conduct. Much of it will quote law but it will also quote what is considered best practice too. One would need to know what part of the book one was asking about.
I'm not an expert so can not be sure about the bend in the road bit, but it sounds a good practice thing to me.
I'm not an expert so can not be sure about the bend in the road bit, but it sounds a good practice thing to me.
If the Highway Code uses the instruction MUST / MUST NOT - it is based on law and the specific legislation will be referenced in abbreviated form.
If the Highway Code uses the phrase SHOULD / SHOULD NOT - it is a recommendation based on what is reasonably expected of a competent motorist. Incompetence can be prosecuted.
If the Highway Code uses the phrase SHOULD / SHOULD NOT - it is a recommendation based on what is reasonably expected of a competent motorist. Incompetence can be prosecuted.
ABerrant is correct and it is clearly stated in the Highway Code.
https://www.gov.uk/highway-code/introduction
https://www.gov.uk/highway-code/introduction
A breach of the Highway Code is always compelling evidence of falling below proper standards of driving and so used in civil cases and those of careless driving etc. Some provisions are summaries of legal provisions.
My Highway Code, when I learnt, gave precise instruction on how to signal with one's whip when driving a horse drawn carriage or cart. Never had occasion to use that, though I can still remember it. But I had to know all the approved hand signals when driving a car and use them in the test. Whatever happened to those?
My Highway Code, when I learnt, gave precise instruction on how to signal with one's whip when driving a horse drawn carriage or cart. Never had occasion to use that, though I can still remember it. But I had to know all the approved hand signals when driving a car and use them in the test. Whatever happened to those?
A breech of the Highway Code does not necessarily result in conviction; and observance of the Highway Code does not necessarily result in acquittal. The Highway Code is not law but many of the recommendations given are covered by law. In the example given of parking on a bend, it is an offence to cause or permit a vehicle or trailer to be on a road in such a position as to involve a danger of injury to other persons.