Driving for Work: Mythbusters
52 common misconceptions – and the facts employers and drivers need to know
Myth 34: The Highway Code is just guidance
The Highway Code contains both advisory guidance and rules that have direct legal force.
Rules indicated with the words ‘must’ or ‘must not’ are backed by specific legislation and failing to follow them is a criminal offence.
Other rules, while advisory in strict legal terms, are used by courts and insurers to establish whether a driver acted with reasonable care.
A driver who ignores Highway Code guidance and is involved in a collision is likely to be found liable, regardless of whether the specific rule was strictly mandatory.
The Highway Code is the foundation of road safety law, not a loose set of suggestions.
Driver takeaway:
Treat the Highway Code as the law it largely is – not as optional guidance. Where a rule says ‘must’ or ‘must not’, there is no discretion. Where it says ‘should’, courts and insurers will use it to assess whether you acted reasonably.
Manager takeaway:
Include Highway Code awareness in driver training and refreshers, particularly as it is updated.
The 2022 changes to the hierarchy of road users are a good example of rules that many experienced drivers may not be aware of. Ignorance of a Highway Code update is not a defence.
