When it comes to the laws of the road, a lot of people think they know best. However, there are some misunderstandings and myths that people need to be aware of. In this blog, our resident legal expert will discuss 5 of these driving laws and put the record straight.
Driving Laws Allow a 10% Plus 2 mph Margin of Appreciation on Speed Limits… Or Do they?
This is something that you may have heard of, or maybe not. The theory is that you will avoid a prosecution for speeding if you remain within 10% plus 2 mph over the speed limit of that particular road. This would mean that you could drive at 35 mph in a 30 mph speed limit, or up to 79 mph in a 70 speed limit. However, this rule is not all it seems.
Yes, there is guidance given to the police that advocates for tolerance for drivers staying within this margin. However, this is only guidance and is not the law. If you receive a speeding fine for driving just one mile per hour over the speed limit, that fine and any points on your driving licence are legally enforceable. It is clearly advisable to be aware of what the limits are and to stick to them.
Middle Lane Driving – Is it Safe? Is it Legal?
When it comes to driving in the middle lane of the motorway, there are two things that come to mind. Firstly, there are some people who will tell you that middle lane driving is the safest place to drive on the motorway. Secondly, is it legal to hog the middle lane of a motorway in the UK?
Anyone that thinks middle lane driving is the safest had better rethink. According to studies by the AA and the RAC, middle lane hogging is on the increase and it is proving a problem. Issues such as undertaking, sharp braking and road rage have been found to also increase where someone is hogging the middle lane. This obviously causes a greater risk of accidents on the road.
Middle lane hogging is not only a breach of rule 264 of the Highway Code, it is also a criminal offence as of 2013. A new law was inserted into section 3 of the Road Traffic Act 1988 which made middle lane hogging punishable with a fine and points on the licence. We would recommend obeying the Highway Code and sticking to the left hand lane except for when legally overtaking.
Driving Barefoot or Wearing Flip Flops – What Are the Consequences?
Despite what you may have heard, there is no law in the UK which makes driving with bare feet or wearing flip flops illegal. However, if you are involved in an accident, and that accident is adjudged to have been caused at least in part by driving barefoot or in flip flops, then you can be subject to harsher punishments.
Everyone should be comfortable when driving, especially when it comes to footwear. However, wearing proper footwear is highly recommended to avoid any potential mishaps on the road. It is better to be safe than sorry.
Using a Phone to Pay at a Drive-Thru
Drive-thru restaurants are a common sight these days. Everyone from McDonalds to Costa has a drive-thru. You queue up in your car, you place your order, you pay and then you collect your items. However, when it comes to the payment part, there are many who are falling foul of the law without even thinking about it.
Tap and pay using a mobile device is part of everyday life now. However, if you use this method to pay for your goods at a drive-thru, you are breaking the law. In 2022 an amendment to Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986 was made that made it an offence to hold a mobile phone while driving. This includes when you are going through a drive-thru, even when stationary at the time.
Advice to avoid this pitfall is to make sure you have an alternative method of payment available. Or you could park up and go into the restaurant to be extra safe.
Self-Driving Electric Vehicles
Self-driving vehicles are a real thing now. Also known as autonomous driving, Tesla has again let the way with this incredible technology. Although made legal in some parts of the United States of America, the technology is not yet legal on UK roads. However, this is on the verge of changing.
A Bill is currently going through the stages of becoming law in Parliament. The Automated Vehicles Bill was started in the House of Lords and has passed all necessary stages in that House. It is now in the process of going through the House of Commons and it doesn’t have far to go. A first reading, second reading and the committee stage have been passed. Currently we are awaiting the report stage to take place before a final third reading takes place. If successful, amendments to the Bill will be considered by Parliament before going to the King for Royal Assent.
There may still be a bit of time before the Bill becomes an Act. Everything started in 2023. However, we are definitely getting close.
Conclusion
Driving laws should always be obeyed, and we advocate this at EVision. Electric vehicles are great fun, but they should be enjoyed responsibly. So have fun, be aware and stay safe.
*All information correct as at 23/04/2024
