Highway code

Legal aspects

Certain rules in The Highway Code are legal requirements, and are identified by the words 'must' or 'must not', presented in bold red block capitals. In these cases, the rules also include references to the corresponding legislation. Offenders may be cautioned, given penalty points on their driving licences, fined, banned from driving or imprisoned, depending on the severity of the offence. Although failure to comply with the other rules will not, in itself, cause a person to be prosecuted, The Highway Code may be used in court under the Road Traffic Act 1988 to establish liability or determine who is at fault in a road traffic incident. These include advisory rules with the wording 'should' and 'should not' or 'do' or 'do not'. The latest official printed version of the Highway Code is the one in force at any time, but in legal proceedings the version current at the time of the incident applies.