Barrister Daniel Barnett has clarified which Highway Code rules are criminal offences to ignore, highlighting the key distinction between mandatory and advisory rules. The Highway Code, first published in the UK in the 1930s, approaches its centenary, yet many drivers remain unsure about the legal status of its provisions.
Mandatory rules and criminal offences
Speaking on his YouTube channel, Barnett explained that rules using the word 'must not' are legally binding. He stated: "Whether it's illegal to ignore the rules depends on which rule you're ignoring. If the rule states you 'must not' do something then it's a criminal offence to do it."
He noted that these mandatory rules are identifiable by bold type and capitals, and they reference the law that creates the offence. However, Barnett warned that ignoring other rules is not risk-free either.
Consequences of ignoring advisory rules
He cited Section 38(7) of the Road Traffic Act 1988, which allows courts to use a failure to observe Highway Code provisions as evidence of liability. "Even though failing to follow these rules isn't criminal in itself, it can be used to prove you've committed a criminal offence such as dangerous driving or driving without due care and attention," he added.
This means advisory rules can still lead to civil negligence findings or strengthen criminal cases, making compliance important for all drivers.
Hot weather and Highway Code breaches
Separately, drivers have been warned about breaking the code unintentionally during hot weather. Rule 237 advises keeping vehicles well ventilated to avoid drowsiness and notes that road surfaces may become soft or slippery after dry spells, affecting steering and braking.
An expert from BigWantsYourCar told the Express that skipping air conditioning or not opening a window could breach the code. They said: "Many drivers don't realise that something as simple as skipping the air con or not cracking a window in hot weather could actually breach the Highway Code."
The expert added that overheating or fatigue could lead to legal and financial consequences, including fines, points, or prosecution, and emphasised the safety and financial benefits of keeping cars cool.
