Photo: Gawon Lee / Pexels. Illustrative photograph.
Annex 4 of the Highway Code, “The road user and the law”, explains which rules are legal requirements in Great Britain and which laws sit behind them. This guide is for new and learner drivers who want to know what the MUST rules mean, where the law applies, which Acts matter most, and what careless and dangerous driving actually look like, with the maximum penalties from Annex 5.
Key facts
- MUST or MUST NOT in a Highway Code rule means a legal requirement. Breaking it is a criminal offence.
- Should, should not, do, do not rules are advice. Breaking one is not an offence by itself, but the Highway Code can be used in court to establish liability.
- “Road” in law usually includes footpaths, bridleways, cycle tracks and many private driveways and car parks. Some serious offences, including drink-driving, apply in all public places.
- Careless driving: below the standard of a competent and careful driver. Dangerous driving: far below it, where the danger would be obvious.
- 12 points in 3 years means a minimum 6-month ban. In your first two years after passing, 6 points cancels your licence.
MUST rules vs should rules: why it matters
Every rule in the Highway Code that says MUST or MUST NOT has a short legal reference underneath, such as “Law RTA 1988 sect 36”. That reference names the Act or regulation that makes it an offence. Penalties can include fines, penalty points, disqualification and, for the most serious offences, prison.
Advisory rules carry no reference. You will not be prosecuted just for ignoring one, but after a crash a court or insurer can point to the Highway Code to decide who was at fault. In practice, both kinds matter.
What counts as a “road”?
In England and Wales a road is any highway and any other road the public can access, including bridges. Scotland has a similar definition that also covers ways the public has a right to pass along. So road traffic law can apply in places a new driver might not expect:
- supermarket and retail car parks
- private roads and driveways the public uses
- footpaths, bridleways and cycle tracks
Some of the most serious offences, such as drink-driving, apply in any public place, not only on roads. Annex 4 is a guide, not a full statement of the law: the exact wording is in the Acts themselves, published free on legislation.gov.uk.
The laws you will see referenced most
Annex 4 lists the abbreviations used throughout the Code. These are the ones a car driver meets most often:
| Abbreviation | Law | Typical rules it covers |
|---|---|---|
| RTA | Road Traffic Act 1984, 1988 or 1991 (as indicated) | Careless and dangerous driving, drink-driving, obeying signs and signals, insurance |
| RTRA | Road Traffic Regulation Act 1984 | Speed limits, traffic orders, parking restrictions |
| RTOA | Road Traffic Offenders Act 1988 | Penalties, points and fixed penalties |
| RT(ND)A | Road Traffic (New Drivers) Act 1995 | The 6-point rule for new drivers |
| CUR | Road Vehicles (Construction and Use) Regulations 1986 | Vehicle condition, tyres, mobile phones |
| RVLR | Road Vehicles Lighting Regulations 1989 | Lights and when to use them |
| MV(WSB)R | Motor Vehicles (Wearing of Seat Belts) Regulations 1993 | Seat belts |
| MV(DL)R | Motor Vehicles (Driving Licences) Regulations 1999 | Provisional licences, L plates, supervision |
| TSRGD | Traffic Signs Regulations and General Directions 2002 and 2016 | What signs, lines and signals mean |
| VERA | Vehicle Excise and Registration Act 1994 | Vehicle tax and registration |
| MT(E&W)R / MT(S)R | Motorways Traffic Regulations (England and Wales 1982; Scotland 1995) | Motorway rules, hard shoulder, closed lanes |
| RR(20)O | Restricted Roads (20mph Speed Limit) Order 2022 | 20mph default limits on restricted roads |
| SA | Sentencing Act 2020 | Sentencing powers |
The “typical rules” column is a guide to where each law appears in the Code, not a legal summary.
Careless, inconsiderate and dangerous driving: where the line is
The Crown Prosecution Service (CPS) guidance for prosecutors in England and Wales sets out the test and typical examples. The court decides each case on its facts.
Careless driving (without due care and attention)
Driving that falls below what would be expected of a competent and careful driver. Typical examples:
- driving too close to the vehicle in front
- briefly changing lanes without warning
- overtaking on the inside where it is inappropriate but not obviously dangerous
- a short lapse of attention, for example adjusting the radio, reading a map or talking to passengers
- accidentally going through a red light, or pulling out of a side road without enough care
Inconsiderate driving (without reasonable consideration)
Driving that inconveniences other road users. Typical examples:
- flashing headlights to force other drivers to give way
- using a lane, including a cycle lane, to jump a queue
- sitting in an overtaking lane when you do not need to
- driving unnecessarily slowly or braking for no good reason
- dazzling others with full beam
- splashing pedestrians through puddles
Dangerous driving
Driving that falls far below what would be expected of a competent and careful driver, where it would be obvious to such a driver that it is dangerous. Driving a vehicle in a dangerous state can also count. Typical examples:
- racing or competitive driving
- aggressive driving such as cutting in, cutting across lanes or tailgating
- speeding in conditions that make it clearly unsuitable
- deliberately ignoring traffic lights or road signs
- overtaking when it cannot be done safely
- driving knowing you are too tired, unfit through a medical condition, or in a vehicle you know is defective or dangerously loaded
- using a hand-held phone in a way that dangerously distracts you, or being distracted for more than a moment
- a brief but serious misjudgement, such as failing to stop at a give way line or pressing the accelerator instead of the brake
Notice the overlap: tailgating, red lights and phone use appear in more than one list. How bad it was, and the circumstances, decide which offence is charged.
Maximum penalties for common offences (Annex 5)
Parliament sets the maximum; courts decide the actual sentence. Figures below are from Annex 5 of the Highway Code as of November 2026.
| Offence | Maximum prison | Maximum fine | Disqualification | Points |
|---|---|---|---|---|
| Causing death by dangerous driving | Life | Unlimited | Obligatory, minimum 5 years | 3 to 11 (if exceptionally not disqualified) |
| Dangerous driving | 2 years | Unlimited | Obligatory | 3 to 11 |
| Careless and inconsiderate driving | None | Unlimited | Discretionary | 3 to 9 |
| Drink or drug driving | 6 months | Unlimited | Obligatory | 3 to 11 |
| Failing to stop after or report an accident | 6 months | Unlimited | Discretionary | 5 to 10 |
| Driving while disqualified | 6 months (12 in Scotland) | Unlimited | Discretionary | 6 |
| Driving without insurance | None | Unlimited | Discretionary | 6 to 8 |
| Using a hand-held mobile phone | None | £1,000 | Discretionary | 6 |
| Failure to have proper control or a full view of the road | None | £1,000 | Discretionary | 3 |
| Speeding | None | £1,000 (£2,500 on a motorway) | Discretionary | 3 to 6, or 3 as a fixed penalty |
| Traffic light offences | None | £1,000 | Discretionary | 3 |
| Failing to identify the driver | None | £1,000 | Discretionary | 6 |
Higher fines (£2,500) apply to some offences in buses and goods vehicles. No MOT, not wearing a seat belt and several cycling offences carry fines but no points. Endorsement codes such as CD10 (careless driving) and DD40 (dangerous driving) are listed in driving penalties and endorsement codes.
How bans work
- 12 or more points within 3 years means you MUST be disqualified for at least 6 months, longer for a repeat.
- Dangerous driving and drink-driving carry an obligatory ban of at least 12 months. A second drink-driving offence within 10 years means at least 3 years.
- For most other points offences the court can choose to disqualify, usually for a week to a few months.
- After some serious offences the court must order an extended retest before you can drive again unsupervised.
Extra rules for new drivers
For two years after passing your first test, reaching 6 or more points cancels (revokes) your licence automatically. You go back to a provisional licence and must pass the theory and practical tests again. This applies even if the points came from a fixed penalty, and unexpired points from your provisional licence carry over. The full detail is in the New Drivers Act guide.
In practice that means one hand-held phone offence (6 points), or two speeding fixed penalties (3 each), is enough.
Other consequences of a conviction
- A vehicle used for an offence that can be punished with prison may be taken away (confiscated).
- Insurance costs are likely to rise after a serious conviction.
- Drivers banned for drink-driving twice within 10 years, or once at more than 2.5 times the limit, or for refusing to give a specimen, must satisfy the DVLA’s medical branch that they do not have an alcohol problem before getting their licence back.
Common questions
Can I be prosecuted for breaking a “should” rule?
Not for that alone. But the same behaviour might amount to careless or inconsiderate driving, and the Highway Code can be used as evidence of what a careful driver does.
Does road traffic law apply in a supermarket car park?
Often, yes. The legal definition of a road usually includes car parks the public can use, and drink-driving applies in any public place.
Is tailgating careless or dangerous driving?
Either, depending on how bad it is. CPS guidance lists driving too close as careless and aggressive tailgating as dangerous. See tailgating and road rage.
Can learner drivers get penalty points?
Yes. Points go on your provisional licence and count towards the new driver 6-point limit for two years after you pass.
How many points for using a phone while driving?
6 points and a fine of up to £1,000. For a new driver that alone means losing the licence. See mobile phones and sat navs.
What happens if I drive without insurance?
6 to 8 points, an unlimited fine and a possible ban. Check what you need in car documents explained.
What are my legal duties if I have a crash?
You must stop, and in some cases report it to the police. Failing to is 5 to 10 points. See after a car accident.
Related: drink and drug driving limits and the documents theory test topic. Northern Ireland has its own Highway Code and legislation: see NI vs GB differences.
Back to the main guide: Learning to Drive in Great Britain.
Sources
- Department for Transport, “The Highway Code: Annex 4. The road user and the law” (gov.uk)
- Department for Transport, “The Highway Code: Annex 5. Penalties” (gov.uk)
- Department for Transport, “The Highway Code: Introduction” (gov.uk)
- Crown Prosecution Service, “Road Traffic: Fatal Offences and Bad Driving” (cps.gov.uk)
- GOV.UK, “Penalty points (endorsements): Endorsement codes and penalty points” (gov.uk)
- GOV.UK, “Penalty points (endorsements): New drivers” (gov.uk)