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Highway Code

Highway Code, Annex 5. Penalties (part 3)

Annex 5. Penalties. Advisory guidance you are expected to follow.

  • Annex 5. Penalties
  • Advisory rule
  • OGL v3.0

What the rule says

Advisory

New drivers

Special rules as set out below apply for a period of two years from the date of passing their first driving test, to drivers and motorcyclists from

  • the UK, EU/EEA, the Isle of Man, the Channel Islands or Gibraltar who passed their first driving test in any of those countries
  • other foreign countries who have to pass a UK driving test to gain a UK licence, in which case the UK driving test is treated as their first driving test; and
  • other foreign countries who (without needing a test) exchanged their licence for a UK licence and subsequently passed a UK driving test to drive another type of vehicle, in which case the UK driving test is treated as their first driving test. For example a driver who exchanges a foreign licence (car) for a UK licence (car) and who later passes a test to drive another type of vehicle (e.g. an HGV) will be subject to the special rules. Where a person subject to the special rules accumulates 6 or more penalty points before the end of the 2-year period (including any points acquired before passing the test) their licence will be revoked automatically. To regain the licence they must reapply for a provisional licence and may drive only as a learner until they pass a further driving test (also see Annex 8 – Safety code for new drivers). Law RT(ND)A Note. This applies even if they pay for offences by fixed penalty. Drivers in the first group (UK, EU/EEA etc.) who already have a full licence for one type of vehicle are not affected by the special rules if they later pass a test to drive another type of vehicle.

Other consequences of offending

Where an offence is punishable by imprisonment then the vehicle used to commit the offence may be confiscated. Law SA sects 152, 153, 154 & 155 In addition to the penalties a court may decide to impose, the cost of insurance is likely to rise considerably following conviction for a serious driving offence. This is because insurance companies consider such drivers are more likely to be involved in a collision. Drivers disqualified for drinking and driving twice within 10 years, or once if they are over 2 and a half times the legal limit, or those who refused to give a specimen, also have to satisfy the Driver and Vehicle Licensing Agency’s Medical Branch that they do not have an alcohol problem and are otherwise fit to drive before their licence is returned at the end of their period of disqualification. Persistent misuse of drugs or alcohol may lead to the withdrawal of a driving licence.

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: special rules as set out below apply for a period of two years from the date of passing their first driving test, to drivers and motorcyclists from - the UK, EU/EEA, the Isle of Man, the Channel Isla… It is advice rather than law, but examiners and the courts still treat it as the expected standard of safe driving.

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 advisory rather than legal, no one will fine you for the rule alone, but ignoring it can still count against you in a careless-driving case, and it will cost you faults on the test. 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 3) 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 3), your questions

Special rules as set out below apply for a period of two years from the date of passing their first driving test, to drivers and motorcyclists from - the UK, EU/EEA, the Isle of Man, the Channel Isla… It is advisory guidance rather than law, but you are still expected to follow it and an examiner can mark a fault if you do not.

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