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Old 14 March 2013, 02:00 PM
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jbl
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Default The Highway Code ~ question

I must start by admitting I have not looked at a copy for many a year.

In the current Highway Code is there a differentiation shown between what is "Law", eg speed limits etc and what is "Good Practice/Recommendations" etc ie those things it is a good idea to do but you do not break the law if you don't.
And
if there is a mixture of these things then how does the Code show it, is one clearly indicated as "Law" or not.
I am thinking more of written items rather than road signs.

Cheers

JBL
Old 14 March 2013, 02:08 PM
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Boro
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https://www.gov.uk/highway-code
Old 14 March 2013, 03:09 PM
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jbl
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Thanks.
Didn't think of that !!
Will have a read.

Cheers
JBL
Old 14 March 2013, 04:37 PM
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Leslie
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It is certainly full of good sensible advice anyway.

Les
Old 14 March 2013, 04:40 PM
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specialx
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Would failing to indicate be classed as driving without due care and attention? Really does my head in the even more so when coming up to a roundabout and left turners don't indicate!
Old 14 March 2013, 07:14 PM
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mrmadcap
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I always assumed that the highway code was a code of practice and the Road Traffic Act was the law.
Old 14 March 2013, 07:15 PM
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ALi-B
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I have these arguments with health and safety guidelines some people preach it as law, when actually its nothing of the sort. The only time it becomes a legal issue is if someone tries to take you to court over something

Anyhoo....did you know that:

216

Older drivers. Their reactions may be slower than other drivers. Make allowance for this.
So being impatient at a old duffer for doing 25mph in a 60mph limit is breaking the highway code ...thankfully its not illegal
Old 14 March 2013, 09:01 PM
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Originally Posted by ALi-B
I have these arguments with health and safety guidelines some people preach it as law, when actually its nothing of the sort. The only time it becomes a legal issue is if someone tries to take you to court over something

Anyhoo....did you know that:



So being impatient at a old duffer for doing 25mph in a 60mph limit is breaking the highway code ...thankfully its not illegal
But don't forget they are safer drivers
Old 14 March 2013, 09:13 PM
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AndyBaker
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There is an offence I think of "failing to make adequate progress". I personally think that driving too slow is as dangerous as driving too fast. Human nature makes us just want to get on with it and right or wrong I've seen some horrific near misses caused by sheer frustration and some questionable overtaking.
Old 14 March 2013, 09:25 PM
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mrmadcap
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Originally Posted by ALi-B
I have these arguments with health and safety guidelines some people preach it as law, when actually its nothing of the sort. The only time it becomes a legal issue is if someone tries to take you to court over something

Anyhoo....did you know that:



So being impatient at a old duffer for doing 25mph in a 60mph limit is breaking the highway code ...thankfully its not illegal
Yes HSG's are just that, guidance that tells you how to comply with the health and safety regs.

For example HSG 17 gives guidance on abrasive wheels, but if you take the guard off a bench grinder in the garage at work and someone loses their fingers you will be prosecuted by the HSE for not complying with the Provision and Use of Work Equipment Regs, which are part of the main legislation - The Health and Safety at Work etc Act 1974.

The Highway Code (CoP) and main legislation (The Road Traffic Act) follow a similar path.

For example, if you are stopped by plod for driving without due care and attention, you dont get done for not complying with the Highway Code, you get done for not complying with section, paragraph page or whatever of the Road Traffic Act.

That's how I understand it anyway.
Old 14 March 2013, 11:49 PM
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speedking
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Originally Posted by The Highway Code
Many of the rules in The Highway 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. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of The Highway 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 (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.
Pretty clear.
Old 15 March 2013, 12:36 AM
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Originally Posted by specialx
Would failing to indicate be classed as driving without due care and attention? Really does my head in the even more so when coming up to a roundabout and left turners don't indicate!
Not if you are a BMW driver as its apparrently a £400 Optional package and in the manual its states as a driver of such a vehicle it's their duty to own the road
Old 15 March 2013, 04:09 AM
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DYK
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Originally Posted by specialx
Would failing to indicate be classed as driving without due care and attention? Really does my head in the even more so when coming up to a roundabout and left turners don't indicate!
Annoys the crap out of me too,but pull out in front of them because they have failed to indicate which direction they want to go,they quickly know where the control is to operate the horn...
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