Highway code and the law.

[J.R.]

Many contributors love to berate others saying that something is against the law when really they are saying "I would not do that" myself and a couple of others frequently ask what law would be broken, usually there is a lot of backpedalling, claims that insurance would/might be withdrawn and that driving without insurance is against the law, often the highway code is cited which to me was an advisory document which may cite laws but is not itself a law.

 

Today I read an article regarding a parking problem where a lawyer was giving advice which included:

Rule 243 says ‘Do not park in front of an entrance to a property’ and, elsewhere in the Highway Code, if you read language such as ‘should not’, it is not actually a legal requirement.

Rather, it is advisory. It is only a legal requirement if the rule states ‘must not’. As such, the police would not be able to help you in this case.

 

I presume the Police would have to find the law behind the "must not" to prosecute someone or is failing to abide by the highway code a prosecutable offence?

[Ootohere]

The Police do not prosecute, and England and Wales is different from Scotland over powers, charging, arresting, dearresting etc..

The Police can issue Penalty notices in cases and that can be challenged and you go to court.

Police Scotland and Scottish law can be and are often different and the Procurator Fiscal will decide about prosecuting. 

 

NIPS served by Police, Traffic Wardens, Community Road Safety Camera Vans, Parking Vans, Bus Lane Cameras, Crossing Cameras 

[Sad555]

If you r a scrote with a hoodie and a mask you do not have to worry about the Highway Code or prosecution you just do what u want.NO TAX,NO INSURANCE,NO DRIVING LIcence, job done 

[@Lee]

Just ignore the law. It's the en vogue thing to do now.