Certain rules in the Highway Code are legal requirements and are identified by the words ‘must’ or ‘must not’. In these cases, the rules also include references to the corresponding legislation. Offenders may be cautioned, given licence penalty points, fined, banned from driving, or imprisoned, depending on the severity of the offence.
Although failure to comply with the other rules would not, in itself, cause a person to be prosecuted, the Highway Code may be used in court under the Road Traffic Act to establish liability. These include advisory rules with wording ‘should’ and ‘should not’ or ‘do’ and ‘do not’. In general, only the latest official printed version of the Highway Code should be used but in legal proceedings, whether civil or criminal, the version current at the time of the incident would apply.