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Highway Code

89-102: Rules for drivers and motorcyclists

89	Vehicle condition. You MUST ensure your vehicle and trailer comply with the full requirements of the Road Vehicles (Construction and Use) Regulations and Road Vehicles Lighting Regulations (see ‘The road user and the law’).

Fitness to drive

Make sure that you are fit to drive. You MUST report to the Driver and Vehicle Licensing Agency (DVLA) any health condition likely to affect your driving. Law RTA 1988 sect 94.

Driving when you are tired greatly increases your risk of collision. To minimise this risk

	make sure you are fit to drive. Do not begin a journey if you are tired. Get a good night’s sleep before embarking on a long journey
	avoid undertaking long journeys between midnight and 6 am, when natural alertness is at a minimum
	plan your journey to take sufficient breaks. A minimum break of at least 15 minutes after every two hours of driving is recommended
	if you feel at all sleepy, stop in a safe place. Do not stop on the hard shoulder of a motorway.
	the most effective ways to counter sleepiness are to drink, for example, two cups of caffeinated coffee and to take a short nap (at least 15 minutes).

Vision. You MUST be able to read a vehicle number plate, in good daylight, from a distance of 20 metres (or 20.5 metres where the old style number plate is used). If you need to wear glasses (or contact lenses) to do this, you MUST wear them at all times while driving. The police have the power to require a driver to undertake an eyesight test. Laws RTA 1988 sect 96 & MV(DL)R reg 40 & sch 8

Slow down, and if necessary stop, if you are dazzled by bright sunlight.

At night or in poor visibility, do not use tinted glasses, lenses or visors if they restrict your vision.

Alcohol and drugs

Do not drink and drive as it will seriously affect your judgement and abilities. You MUST NOT drive with a breath alcohol level higher than 35 microgrammes/100 millilitres of breath or a blood alcohol level of more than 80 milligrammes/100 millilitres of blood. Alcohol will

	give a false sense of confidence
	reduce co-ordination and slow down reactions
	affect judgement of speed, distance and risk
	reduce your driving ability, even if you are below the legal limit
	take time to leave your body; you may be unfit to drive in the evening after drinking at lunchtime, or in the morning after drinking the previous evening.

The best solution is not to drink at all when planning to drive because any amount of alcohol affects your ability to drive safely. If you are going to drink, arrange another means of transport.
Law RTA 1988 sects 4, 5 & 11(2)

You MUST NOT drive under the influence of drugs or medicine. Check the instructions or ask your doctor or pharmacist. Using illegal drugs is highly dangerous. Never take them if you intend to drive; the effects are unpredictable, but can be even more severe than alcohol and may result in fatal or serious road crashes. Law RTA 1988 sect 4

Before setting off. You should ensure that

	you have planned your route and allowed sufficient time
	clothing and footwear do not prevent you using the controls in the correct manner
	you know where all the controls are and how to use them before you need them. Not all vehicles are the same; do not wait until it is too late to find out
	your mirrors and seat are adjusted correctly to ensure comfort, full control and maximum vision
	head restraints are properly adjusted to reduce the risk of neck and spine injuries in the event of a collision

	you have sufficient fuel before commencing your journey, especially if it includes motorway driving. It can be dangerous to lose power when driving in traffic
	ensure your vehicle is legal and roadworthy
	switch off your mobile phone.

Vehicle towing and loading. As a driver

	you MUST NOT tow more than your licence permits. If you passed a car test after 1 Jan 1997 you are restricted on the weight of trailer you can tow
	you MUST NOT overload your vehicle or trailer. You should not tow a weight greater than that recommended by the manufacturer of your vehicle
	you MUST secure your load and it MUST NOT stick out dangerously. Make sure any heavy or sharp objects and any animals are secured safely. If there is a collision, they might hit someone inside the vehicle and cause serious injury
	you should properly distribute the weight in your caravan or trailer with heavy items mainly over the axle(s) and ensure a downward load on the tow ball. Manufacturer’s recommended weight and tow ball load should not be exceeded. This should avoid the possibility of swerving or snaking and going out of control. If this does happen, ease off the accelerator and reduce speed gently to regain control
	carrying a load or pulling a trailer may require you to adjust the headlights

In the event of a breakdown, be aware that towing a vehicle on a tow rope is potentially dangerous. You should consider professional recovery. Laws CUR reg 100 & MV(DL)R reg 43

Seat belts and child restraints

You MUST wear a seat belt in cars, vans and other goods vehicles if one is fitted (see table below). Adults, and children aged 14 years and over, MUST use a seat belt or child restraint, where fitted, when seated in minibuses, buses and coaches. Exemptions are allowed for the holders of medical exemption certificates and those making deliveries or collections in goods vehicles when travelling less than 50 metres (approx 162 feet).
Laws RTA 1988 sects 14 & 15, MV(WSB)R, MV(WSBCFS)R & MV(WSB)(A)R

Seat belt requirements
This table summarises the main legal requirements for wearing seat belts in cars, vans and other goods vehicles

		Front seat	Rear seat	Who is responsible?
	Driver	Seat belt MUST be worn if fitted	---------	Driver
	Child under 3 years of age	Correct child restraint MUST be used	Correct child restraint MUST be used. If one is not available in a taxi, may travel unrestrained.	Driver
	Child from 3rd birthday up to 1.35 metres in height (or 12th birthday, whichever they reach first)	Correct child restraint MUST be used	Correct child restraint MUST be used where seat belts fitted. MUST use adult belt if correct child restraint is not available in a licensed taxi or private hire vehicle, or for reasons of unexpected necessity over a short distance, or if two occupied restraints prevent fitment of a third.	Driver
	Child over 1.35 metres (approx 4ft 5ins) in height, or 12 or 13 years	Adult seat belt MUST be worn if available	Adult seat belt MUST be worn if available	Driver
	Adult passengers aged 14 and over	Seat belt MUST be worn if available	Seat belt MUST be worn if available	Passenger

100

The driver MUST ensure that all children under 14 years of age in cars, vans and other goods vehicles wear seat belts or sit in an approved child restraint where required (see table above). If a child is under 1.35 metres (approx 4 feet 5 inches) tall, a baby seat, child seat, booster seat or booster cushion MUST be used suitable for the child’s weight and fitted to the manufacturer’s instructions.
Laws RTA 1988 sects 14 & 15, MV(WSB)R, MV(WSBCFS)R & MV(WSB)(A)R

Highway Code - Seat belts and child restraints

101

A rear-facing baby seat MUST NOT be fitted into a seat protected by an active frontal airbag, as in a crash it can cause serious injury or death to the child. Laws RTA 1988 sects 14 & 15, MV(WSB)R, MV(WSBCFS)R & MV(WSB)(A)R

102

Children in cars, vans and other goods vehicles. Drivers who are carrying children in cars, vans and other goods vehicles should also ensure that

	children should get into the vehicle through the door nearest the kerb
	child restraints are properly fitted to manufacturer’s instructions
	children do not sit behind the rear seats in an estate car or hatchback, unless a special child seat has been fitted
	the child safety door locks, where fitted, are used when children are in the vehicle
	children are kept under control.

The Highway Code section is reproduced under the terms of Crown Copyright Policy Guidance
issued by HMSO and the Queen’s Printer in Scotland. Licence number C2006010707 .

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