Letter: Roads, codes and law

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The Independent Online
From Mr Jonathan Picken

Sir: David Watson (letter, 10 January) is surely incorrect when implying that it is against the law to drive in the middle lane of a motorway when not overtaking.

Provisions regarding the Highway Code are now contained in the Road Traffic Act 1988. Section 38(7) of the Act provides that

A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings ... be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

The unnecessary hogging of middle lanes or breaches of any of the Code's provisions may constitute evidence that a driving offence has been committed, but such acts are not in themselves illegal.

Yours sincerely,

Jonathan Picken

Solicitor

London, SE27

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