Legal responsibilities (7mins reading time)
It is important that you understand your legal obligations and responsibilities. The following Highway Code rules relate to some of the main things you need to be aware of:
Health
Rule 90 - Make sure that you are fit to drive. You MUST report to the Driver and Vehicle Licensing Agency (DVLA) any health condition likely to affect your driving.
Vision
Rule 92 - You MUST be able to read a vehicle number plate, in good daylight, from a distance of 20 metres (or 20.5 metres where the old style number plate is used). If you need to wear glasses (or contact lenses) to do this, you MUST wear them at all times while driving. The police have the power to require a driver to undertake an eyesight test.
Rule 93 - Slow down, and if necessary stop, if you are dazzled by bright sunlight.
Rule 94 - At night or in poor visibility, do not use tinted glasses, lenses or visors if they restrict your vision.
Alcohol
Rule 95 - Do not drink and drive as it will seriously affect your judgement and abilities.
In England and Wales you MUST NOT drive with a breath alcohol level higher than 35 microgrammes/100 millilitres of breath or a blood alcohol level of more than 80 milligrammes/100 millilitres of blood.
In Scotland the legal limits are lower. You MUST NOT drive with a breath alcohol level higher than 22 microgrammes/100 millilitres of breath or a blood alcohol level of more than 50 milligrammes/100 millilitres of blood.
Alcohol will
- give a false sense of confidence
- reduce co-ordination and slow down reactions
- affect judgement of speed, distance and risk
- reduce your driving ability, even if you’re below the legal limit
- take time to leave your body; you may be unfit to drive in the evening after drinking at lunchtime, or in the morning after drinking the previous evening.
The best solution is not to drink at all when planning to drive because any amount of alcohol affects your ability to drive safely. If you are going to drink, arrange another means of transport.
Drugs
Rule 96 - You MUST NOT drive under the influence of drugs or medicine. For medicines, check with your doctor or pharmacist and do not drive if you are advised that you may be impaired.
You MUST NOT drive if you have illegal drugs or certain medicines in your blood above specified limits. It is highly dangerous so never take illegal drugs if you intend to drive; the effects are unpredictable, but can be even more severe than alcohol and result in fatal or serious road crashes. Illegal drugs have been specified at very low levels so even small amounts of use could be above the specified limits. The limits for certain medicines have been specified at higher levels, above the levels generally found in the blood of patients who have taken normal therapeutic doses. If you are found to have a concentration of a drug above its specified limit in your blood because you have been prescribed or legitimately supplied a particularly high dose of medicine, then you can raise a statutory medical defence, provided your driving was not impaired by the medicine you are taking.
Tiredness
Rule 91 - Driving when you are tired greatly increases your risk of collision. To minimise this risk
- make sure you are fit to drive. Do not begin a journey if you are tired. Get sufficient sleep before embarking on a long journey
- avoid undertaking long journeys between midnight and 6 am, when natural alertness is at a minimum
- plan your journey to take sufficient breaks. A minimum break of at least 15 minutes after every two hours of driving is recommended
- if you feel sleepy, stop in a safe place. Do not stop in an emergency area or on a hard shoulder of a motorway (see Rule 262 for guidance on places to take a break when travelling on motorways).
Mobile devices
Rules 149 - You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving or when supervising a learner driver. This ban covers all use of a hand-held interactive communication device and it applies even when the interactive communication capability is turned off or unavailable. You MUST NOT pick up the phone or similar device while driving to dial a number and then put it in the cradle for the duration of the conversation. You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic.
There is an exception to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. There is also an exception if you are using a hand-held mobile phone or similar device to make a contactless payment at a contactless payment terminal. Your vehicle MUST be stationary, and the goods or services MUST be received at the same time as, or after, the contactless payment.
Never use a hand-held microphone when driving. Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone or similar device while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.
You may park your vehicle using a handheld remote control app or device. The app or device MUST be legal, and you should not put other people in danger when you use it.
Documentation
Highway Code Annex 3
Driving licence - You MUST have a valid driving licence for the category of motor vehicle you are driving. You MUST inform the Driver and Vehicle Licensing Agency (DVLA) if you change your name and/or address.
Learners driving a car MUST hold a valid provisional licence. They MUST be supervised by someone at least 21 years old who holds a full EC/EEA licence for that type of car (automatic or manual) and has held one for at least three years.
MOT - Cars and motorcycles MUST normally pass an MOT test three years from the date of the first registration and every year after that. You MUST NOT drive a motor vehicle without an MOT certificate when it should have one. Exceptionally, you may drive to a pre-arranged test appointment or to a garage for repairs required for the test. Driving an unroadworthy motor vehicle may invalidate your insurance.
Vehicle Excise Duty (VED) - Vehicle Excise Duty MUST be paid on all motor vehicles used or kept on public roads.
Insurance - To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover. You MUST NOT drive a motor vehicle without insurance. Also, be aware that even if a road traffic incident is not your fault, you may still be held liable by insurance companies.
Roadworthiness
Highway Code Annex 6
Take special care that lights, brakes, steering, exhaust system, seat belts, demisters, wipers, washers and any audible warning systems are all working. Also
- lights, indicators, reflectors, and number plates MUST be kept clean and clear
- windscreens and windows MUST be kept clean and free from obstructions to vision
- lights MUST be properly adjusted to prevent dazzling other road users.
- Extra attention needs to be paid to this if the vehicle is heavily loaded
- exhaust emissions MUST NOT exceed prescribed levels
- ensure your seat, seat belt, head restraint and mirrors are adjusted correctly before you drive
- ensure that items of luggage are securely stowed.
Warning displays. Make sure that you understand the meaning of all warning displays on the vehicle instrument panel. Do not ignore warning signs, they could indicate a dangerous fault developing.
- When you turn the ignition key, warning lights will be illuminated but will go out when the engine starts (except the handbrake warning light). If they do not, or if they come on while you are driving, stop and investigate the problem, as you could have a serious fault.
- If the charge warning light comes on while you are driving, it may mean that the battery isn’t charging. This should also be checked as soon as possible to avoid loss of power to lights and other electrical systems.
Window tints. You MUST NOT use a vehicle with excessively dark tinting applied to the windscreen, or to the glass in any front window to either side of the driver. Window tinting applied during manufacture complies with the Visual Light Transmittance (VLT) standards. There are no VLT limits for rear windscreens or rear passenger windows.
Tyres. Tyres MUST be correctly inflated to the vehicle manufacturer’s specification for the load being carried. Always refer to the vehicle’s handbook or data. Tyres should also be free from certain cuts and other defects.
Cars, light vans and light trailers MUST have a tread depth of at least 1.6 mm across the central three-quarters of the breadth of the tread and around the entire circumference.
As well as having a good understanding of the key subjects relating to your legal responsibilities, you must follow the rules in the Highway Code.
Knowing these rules will give you more confidence when driving and keep yourself, passengers and other road users as safe as possible.
The Highway Code is seen as a user-friendly translation of the Road Traffic Act 1988. By following the Highway Code rules, you should stay within the boundaries of the law when driving. More details can be found in Annex 4 of the Highway Code.
Your accompanying drivers' legal responsibilities
Driving licence - Learners driving a car MUST hold a valid provisional licence. They MUST be supervised by someone at least 21 years old who holds a full EC/EEA licence for that type of car (automatic or manual) and has held one for at least three years.
Please note, you are NOT permitted to drive on Motorways as an accompanying driver.
Vehicles - Any vehicle driven by a learner MUST display red L plates. In Wales, either red D plates, red L plates, or both, can be used. Plates MUST conform to legal specifications and MUST be clearly visible to others from in front of the vehicle and from behind. Plates should be removed or covered when not being driven by a learner (except on driving school vehicles).
Documentation - You must have all the required documents for your vehicle including MOT, Vehicle Excise Duty (VED) & Insurance that covers the driver of the vehicle.
You MUST pass the theory test (if one is required) and then a practical driving test for the category of vehicle you wish to drive before driving unaccompanied.
Once you have read through this section, let your instructor know so they can update your progress record.