What does Highway Code Rule 167 say?

Rule 167 (Overtaking (rules 162 to 169)) DO NOT overtake where you might come into conflict with other road users. 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.

Is Rule 167 the law or just guidance?

Rule 167 is advisory, it does not use “MUST” or “MUST NOT”, so it is not directly enforceable as a standalone offence. You are still expected to follow it, and ignoring it can contribute to a careless- or dangerous-driving charge and to faults on your test.

How is Rule 167 tested on the driving test?

This sits at the heart of the practical test. Examiners watch your road positioning, lane discipline, junction approach and your Mirror–Signal–Manoeuvre routine on almost every part of the drive, getting this section right is the difference between a clean sheet and avoidable faults.

What are the common mistakes related to Rule 167?

The faults examiners most often record around this part of the Code are: poor lane discipline, drifting wide on approach or sitting in the wrong lane through a junction; late or missing observation before changing position, especially the blind-spot check; hesitation at junctions that holds up traffic, or the opposite, moving off without a safe gap. Rehearsing the safe habit during lessons is the most reliable way to avoid them.

Highway Code · Rule 167

Highway Code Rule 167

Using the road (159 to 203). Advisory guidance you are expected to follow.

Using the road
Advisory rule
OGL v3.0

What the rule says

Advisory

Rule 167 (Overtaking (rules 162 to 169)) DO NOT overtake where you might come into conflict with other road users. For example

approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
on the approach to crossing facilities
where a vehicle ahead is slowing to stop for a pedestrian that is crossing from a pedestrian island (see Rule 165)
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another road user to swerve or slow down
at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left. Do not cut across cyclists going ahead, including those using cycle lanes and cycle tracks (see Rule H3)
stay behind if you are following a horse rider or horse drawn vehicle approaching a roundabout or junction, and you intend to turn left. Do not cut across a horse rider or horse drawn vehicle going ahead
when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic.

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, Rule 167 comes down to one idea: rule 167 (Overtaking (rules 162 to 169)) DO NOT overtake where you might come into conflict with other road users. 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 using the road 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 using the road 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 rule 167 matters on the road

Most collisions happen at junctions, on bends and during overtakes, exactly the situations this part of the Code governs. Following it makes your intentions predictable to everyone around you, which is the single biggest factor in avoiding the conflicts that lead to crashes.

Common faults examiners record

In the using the road 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:

Poor lane discipline, drifting wide on approach or sitting in the wrong lane through a junction.
Late or missing observation before changing position, especially the blind-spot check.
Hesitation at junctions that holds up traffic, or the opposite, moving off without a safe gap.

On the day

Picture a busy junction on your test route. Applying Rule 167 looks like this: you check your mirrors early, decide your position and signal in good time, settle into the correct lane well before the line, and make a final effective observation before you commit. Done smoothly, the examiner sees a planned, unhurried manoeuvre rather than a last-second reaction.

Quick checklist

Mirrors first, then signal, then manoeuvre, every time.
Decide your lane and position early, not at the line.
Make a final effective observation before you commit.

Related Highway Code rules

Rule 167, your questions

: Rule 167 (Overtaking (rules 162 to 169)) DO NOT overtake where you might come into conflict with other road users. 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.

DriveRoutes is an independent study aid and is not affiliated with, endorsed by, or connected to the Driver and Vehicle Standards Agency (DVSA).