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I remember that when they started putting stickers on all the London buses, stating "Highway Code Rule something or other" it definitely had no force of law, they were just trying it on.
[b]
So that would mean that nothing in the highway code is lawful ? I think not _________________ I don't know why I have a SatNav, my Ex-wife is always telling me where to go !!!
Joined: Jun 04, 2005 Posts: 19991 Location: West and Southwest London
Posted: Mon Aug 11, 2008 2:28 pm Post subject:
No, that's not what I said (or meant to say) at all.
There's a lot in the Highway Code that IS backed up by law, and there's an awful lot that isn't, but they call them ALL "rules"....
You can tell which is which by the "you should..." or "you must..." clues.
I remember that when they started putting stickers on all the London buses, stating "Highway Code Rule something or other" it definitely had no force of law, they were just trying it on.
[b]
So that would mean that nothing in the highway code is lawful ? I think not
This Highway Code applies to England, Scotland and Wales. The Highway Code is essential reading for everyone.
The most vulnerable road users are pedestrians, particularly children, older or disabled people, cyclists, motorcyclists and horse riders. It is important that all road users are aware of the Code and are considerate towards each other. This applies to pedestrians as much as to drivers and riders.
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. 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. An explanation of the abbreviations can be found in 'The road user and the law'.
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 (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’.
Knowing and applying the rules contained in The Highway Code could significantly reduce road casualties. Cutting the number of deaths and injuries that occur on our roads every day is a responsibility we all share. The Highway Code can help us discharge that responsibility. Further information on driving/riding techniques can be found in ‘The Official DSA Guide to Driving - the essential skills’ and ‘The Official DSA Guide to Riding - the essential skills.’ _________________ Garmin Nuvi 2699lmt
(7) A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.
(8) In this section "the Highway Code" means the code comprising directions for the guidance of persons using roads issued under section 45 of the [1930 c. 43.] Road Traffic Act 1930, as from time to time revised under this section or under any previous enactment.
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