Car owner claiming I hit them

discat11

In regards to the highway code -anyone with a full license has read it and signed to acknowledge that fact also -what do you think you sign when you pass your test?

I believe the highway code was actually a set of rules originally laid down in the Road Traffic Act 1930 and therefore is legally enforceable?

GTE_Boy

discat11 wrote: »

In regards to the highway code -anyone with a full license has read it and signed to acknowledge that fact also -what do you think you sign when you pass your test?

I believe the highway code was actually a set of rules originally laid down in the Road Traffic Act 1930 and therefore is legally enforceable?

No, the Highway Code is simply advice.

The road traffic act is enforceable.

discat11

Thanks GTR, when I did a SAC recently (ahem) we were told that the highway code formed part of the law, hence not being in possession of up to date knowledge of such was of no excuse of the 'rules' within it weren't complied with.

Car_54

GTE_Boy wrote: »

No, the Highway Code is simply advice.

The road traffic act is enforceable.

"Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts."

GTE_Boy

Car_54 wrote: »

"Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts."

Still not an offence to disobey the Highway Code is it?

parking_question_chap

Did you swap details? I think I would know if I hit somebody, and if not there is no way I would give out my info. They could easily be a scammer who has dented their car somewhere else and looking for a situation whereby they can create a 50/50 blame "accident" with another innocent motorist.

Tilt

GTE_Boy wrote: »

Still not an offence to disobey the Highway Code is it?

Depends. If you disobey a rule which states "must/not" and is endorsed by a statutory act which is printed under the rule, then you would be committing an offence.

Tothepoint.

Tilt wrote: »

Depends. If you disobey a rule which states "must/not" and is endorsed by a statutory act which is printed under the rule, then you would be committing an offence.

So put like that the Highway Code is an advice book no one has every been charged with an offence contrary to the Highway Code.

The book gives advice where it's states must not you'd need to abide by the law where as should not is best practice.

scotsbob

Tothepoint. wrote: »

So put like that the Highway Code is an advice book no one has every been charged with an offence contrary to the Highway Code.

The book gives advice where it's states must not you'd need to abide by the law where as should not is best practice.

The way the Highway Code puts it is this way


"The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’."



,