By Akef Akbar, Managing Partner, Tyler Hoffman Solicitors

The Highway Code provides extensive guidance on safe road use and, because it is so thorough, many of its rules and regulations are rarely encountered in everyday driving. Of course, it is essential to understand all of the rules that you must abide by, but it can be hard to cover everything. As such, it is easy to assume that behaviours you see on the road every day are accepted. In fact, they may be forbidden by the official rules of the road and result in legal penalties.

Most people believe that as long as they drive safely and responsibly, they are unlikely to get into trouble, but this can lead to drivers unknowingly committing offences that may be associated with serious penalties. The police will not usually stop a driver for minor infractions, but if you are stopped for another reason or involved in an accident, they could lead to more severe penalties or serve as aggravating factors if a case proceeds to court.

Here, the driving offence solicitors at Tyler Hoffman explain some of the common actions and mistakes that may seem minor, but which are actually against the rules of the Highway Code, to help drivers stay safe on the road and avoid unnecessary legal trouble.

Engine idling

Keeping an engine running while stationary, especially in urban areas, is illegal. Prosecution is at the discretion of local authorities, but persistent idling could result in fines or other penalties. Many towns and cities now have anti-idling zones near schools and other public places, and enforcement is typically stronger in these locations. Mobile phone use at these times is also risky – using any handheld electronic device while your engine is switched on is illegal and can lead to legal trouble.

Driving slowly

Driving slowly is sometimes the safest option but, in cases where it is not necessary to slow down, it can be just as dangerous as speeding. Moving at a speed that is significantly below the speed limit (according to the judgement of the authorities) can result in frustration in other drivers, which can cause accidents. If slow driving is deemed careless driving under the law, you can receive a fine and penalty points on your licence in these cases, even if you were not involved in an accident.

Flashing headlights

Drivers often flash their headlights to signal that they are giving way or warn other drivers that there are speed cameras ahead. The Highway Code specifies that this should only be done to make others aware of your presence and, as such, this represents a misuse of your headlights. If you are involved in an accident after flashing your headlights, it could be classed as careless driving and make penalties more severe.

Improper horn use

While many people know they are prohibited from using a car horn in a built-up area between 11:30pm and 7am, fewer are aware that other restrictions also apply. The horn should only be used to alert others to your presence when necessary, or to prevent an accident. Using it out of annoyance or as a greeting is illegal and could result in a fine for improper use, especially if it causes confusion to other road users.

Parking on the pavement

You may not realise that it is often illegal to park on the pavement, especially if your vehicle obstructs pedestrians, wheelchairs or prams. Similarly, the rules around parking on double yellow lines vary in different regions – in some areas, drivers with disabled parking badges are allowed to park on double yellow lines, but in other places this is also illegal. While these rules are more commonly enforced in busy places and cities, there is always a risk of receiving a parking ticket and it is best to avoid parking in the way of others.

Driving through puddles

Driving through a puddle without taking due care may represent an offence under the Road Traffic Act 1988 if you splash pedestrians. Whether you do so deliberately or accidentally, you may be charged with driving without reasonable consideration for other road users, and this can result in penalty points and a fine.

What to do if you are charged

Some drivers perform these actions every day without realising they could get into trouble, and they are surprisingly common despite being illegal. Because they are aggravating factors but are rarely prosecuted as offences themselves, many drivers think that by behaving in this way they are at limited risk of getting into trouble. However, these actions are illegal precisely because they increase the risk of accidents and make driving more hazardous for other road users.

Drivers must follow the law at all times to avoid being charged with an offence. Points on your licence can quickly mount up and result in a driving ban, even if your offences are relatively minor. Contact a solicitor if you are concerned about being charged or convicted of a driving offence, as there are often defences available that could mitigate your sentence and prevent you from losing your licence.