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Highway Code

Highway Code, Annex 5. Penalties (part 1)

Annex 5. Penalties. A legal requirement (MUST / MUST NOT).

  • Annex 5. Penalties
  • Legal requirement
  • OGL v3.0

What the rule says

Law · MUST

Penalties and The Highway Code

Parliament sets the maximum penalties for road traffic offences. The seriousness of the offence is reflected in the maximum penalty. It is for the courts to decide what sentence to impose according to circumstances. The penalty table indicates some of the main offences, and the associated penalties. There is a wide range of other more specific offences which, for the sake of simplicity, are not shown here. The penalty points and disqualification system is described below.

Penalty points and disqualification

The penalty point system is intended to deter drivers and motorcyclists from following unsafe motoring practices. Certain non-motoring offences, e.g. failure to rectify vehicle defects, can also attract penalty points. The court MUST order points to be endorsed on the licence according to the fixed number or the range set by Parliament. The accumulation of penalty points acts as a warning to drivers and motorcyclists that they risk disqualification if further offences are committed. Law RTOA sects 44 & 45 A driver or motorcyclist who accumulates 12 or more penalty points within a 3-year period MUST be disqualified. This will be for a minimum period of 6 months, or longer if the driver or motorcyclist has previously been disqualified. Law RTOA sect 35 For every offence which carries penalty points the court has a discretionary power to order the licence holder to be disqualified. This may be for any period the court thinks fit, but will usually be between a week and a few months. In the case of serious offences, such as dangerous driving and drink-driving, the court MUST order disqualification. The minimum period is 12 months, but for repeat offenders or where the alcohol level is high, it may be longer. For example, a second drink-drive offence in the space of 10 years will result in a minimum of 3 years’ disqualification. Law RTOA sect 34

Rule text reproduced verbatim from the official Highway Code (Crown copyright) under the Open Government Licence v3.0, see the attribution at the foot of this page.

In plain English

Stripped of the formal wording, this guidance comes down to one idea: parliament sets the maximum penalties for road traffic offences. Because it is written with “MUST” or “MUST NOT”, it carries the force of law, ignore it and you are committing an offence, not simply driving badly.

It belongs to the annex 5. penalties part of the Code, the habits a confident, considerate driver builds until they are automatic. The aim is not to memorise the sentence word for word, but to understand the hazard it protects you from, so you apply it without having to think when it counts.

If you are learning, treat this rule as one piece of a connected set rather than an isolated fact. The related rules below sit in the same section and reinforce each other, reading them together is how the annex 5. penalties part of the Code starts to feel like common sense rather than a list to revise.

Because this is a legal rule, the consequences of ignoring it reach beyond the test: a “MUST” or “MUST NOT” breach can mean a fixed penalty, points on your licence, or in serious cases prosecution. Either way, the safe move is to build the habit early, while a driving instructor can correct it, rather than relearning it under test pressure. That is exactly what the practice routes and coaching in the DriveRoutes app are designed to help with, turning the rules below into the way you naturally drive.

Why this rule matters on the road

Following this rule keeps your driving predictable and safe, which is what every other road user is relying on. It is one small part of the habit-set that, taken together, prevents the everyday mistakes that cause collisions.

Common faults examiners record

In the annex 5. penalties part of the Code, the faults most often written on the marking sheet tend to be the same handful. Knowing them in advance is the quickest way to drive them out of your own habits:

  • Acting too late because the situation was read close rather than early.
  • Incomplete observation before committing to a manoeuvre.
  • An unsuitable speed for the road, the traffic or the conditions.

On the day

On the day, applying Highway Code, Annex 5. Penalties (part 1) is about doing the safe, deliberate thing slightly earlier than feels necessary: read the situation in good time, observe fully, and act smoothly. The examiner is looking for planned driving, not perfection, and good habits formed in lessons carry you through.

Quick checklist

  • Read the situation early and plan your response.
  • Observe fully before you commit to anything.
  • Keep your speed suitable for the road and conditions.

More from Annex 5. Penalties

Related Highway Code rules

Highway Code, Annex 5. Penalties (part 1), your questions

Parliament sets the maximum penalties for road traffic offences. It is a legal requirement, it uses “MUST” or “MUST NOT”, so breaking it is a criminal offence that can mean a fine, penalty points, or disqualification.

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