The rules of the road – and how they get broken

How you may unintentionally break the law as a motorist

Many people who would count themselves as generally law abiding break motoring rules every day. Lapses in concentration and ignorance of the law can be to blame.

“We see people taking momentary risks, even if they assess the risk as being remote, that can see them prosecuted by an observing police officer. These sort of ‘momentary risks’, not just related to how we interact with technology in cars but anything from eating whilst driving to driving in inappropriate footwear, can often be contributing factors to much more serious incidents where serious injury or even death is caused.

“In those instances, aside from it being life changing or fatal to other road users, can result in the driver being banned from the roads and even imprisoned. What may be assessed by the driver as seemingly innocuous minor flouting of the law can, in fact, have a far-reaching impact on not just your own life but the lives of others.

“There is no doubt that a huge amount of these offences go unnoticed and unpunished every day but the ones that are caught out are judged against what is considered to be competent and careful not what is considered to be the norm and what others are doing every day on our roads.”

When an offence is committed it may lead to penalty points being added to your licence.

The reality is that there are many more distractions in modern vehicles, and  drivers often spend a lot more time in their vehicles.

Paul Loughlin
Motorist specialist at Stephenson Solicitors

Some of the ways motorists may overstep the boundaries

Using a hand-held phone (even for sat nav)

Most people are aware it’s illegal to use a hand-held mobile phone or device while driving, but some may not realise it could extend to using a device for sat nav. Holding or touching your phone while driving, even to use sat nav, will likely constitute an offence.

The law states you must have hands-free access, such as voice command, a dashboard holder or mat, or windscreen mount.

You’ll be breaking the law even if you use your handheld phone when at traffic lights.

The penalty for using your phone while driving is a minimum of three points and a fine of £60, but could extend to disqualification and a fine of up to £1,000.

Driving barefoot or in flip flops

While it is not specifically illegal to drive barefoot or in flip flops in the UK, it is ill advised and could lead to a prosecution if you’re not in proper control of your vehicle.

Rule 97 of the Highway Code says you must ensure your clothing and footwear do not prevent you from using the controls in the correct manner.

Being barefoot may mean you do not have the same breaking force as you would in shoes, which could also lead to problems.

Prescription drugs that impair driving

It’s illegal to drive even with legal drugs in your system that may impair your ability. This may include tablets such as hay fever cures should they make you drowsy or affect your vision.

If you take prescription medication or over-the-counter medicines it’s advised to talk to a healthcare professional for advice.

There are specified limits for:

- amphetamine, eg dexamphetamine or selegiline
- clonazepam
- diazepam
- flunitrazepam
- lorazepam
- methadone
- morphine or opiate and opioid-based drugs, eg codeine, tramadol or fentanyl
- oxazepam
- temazepam

Eyesight standards for driving and risk of sunglasses

It’s important to ensure your eyesight and, where relevant, glasses prescription remains good enough to allow you to meet minimum standards.

To drive legally you must be able to read a car number plate from 20 metres away.

While sunglasses can be useful to help avoid the need to pull over or stop due to being dazzled by the sun, as required by the Highway Code, it’s important to note some are not suitable for driving.

That includes those categorised as ‘Class 4’ due to the amount of light they filter out.

Fronting

Fronting is the illegal practice of naming - on a car insurance policy - someone as the main driver when it is not genuinely the case. This is often done to allow a more experienced driver to be listed as the main driver, which can bring the policy cost down, but may also invalidate the insurance.

If you’re found guilty of fronting you could end up with a fine of up to £7,000 and six penalty points on your driving licence.

Drunk-driving

Volvo has announced plans to install cameras and sensors in cars from the early 2020s to monitor drivers for signs of being intoxicated or distracted.

Despite the deadly risk involved in drink-driving, Department for Transport figures show that 6.6% of drivers said they had driven when they thought they were above the legal limit at least once in 2017/18. Of course, the risk of being over the limit also extends to the morning after an evening of drinking.

Young drivers aged 20-24 were most likely to report driving when they may have been over the limit, with 12% of drivers in that age group saying they may have done so at least once.

The road safety charity Brake is campaigning for zero tolerance for impaired driving and a reduction in the drink-drive limit, stating that even one drink affects driving.

Drink driving law varies in different countries, even those within the UK. In Scotland the limit is lower than in the rest of the UK.

In Scotland, the breath limit is 22mcg in 100ml of breath. In the rest of the UK it is 35mcg in 100ml of breath. 

A single drink may be enough to push you over the drink drive limit.