Annex 4 - The road user and the law
Information about the road user and the law, including acts and regulations.
Road traffic law
The following list can be found abbreviated throughout the Code. It is not intended to be a comprehensive guide, but a guide to some of the important points of law. For the precise wording of the law, please refer to the various Acts and Regulations (as amended) indicated in the Code. Abbreviations are listed below.
Most of the provisions apply on all roads throughout Great Britain, although there are some exceptions. The definition of a road in England and Wales is ‘any highway and any other road to which the public has access and includes bridges over which a road passes’ (RTA 1988 sect 192(1)). In Scotland, there is a similar definition which is extended to include any way over which the public have a right of passage (R(S)A 1984 sect 151(1)).
It is important to note that references to ‘road’ therefore generally include footpaths, bridleways and cycle tracks, and many roadways and driveways on private land (including many car parks). In most cases, the law will apply to them and there may be additional rules for particular paths or ways. Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks.
The reference to ‘emergency area’ in the Code is an ‘emergency refuge area’ as defined in the Motorways Traffic (England and Wales) Regulations 1982 as amended by the Motorways Traffic (England and Wales)(Amendment)(England) Regulations 2015.
Acts and regulations are available as enacted or as amended at www.legislation.gov.uk and are available in their original print format from The Stationery Office.
Acts and regulations prior to 1988
| Act or regulation | Abbreviation |
|---|---|
| Chronically Sick & Disabled Persons Act 1970 | CSDPA |
| Functions of Traffic Wardens Order 1970 | FTWO |
| Greater London (General Powers) Act 1974 | GL(GP)A |
| Highway Act 1835 or 1980 (as indicated) | HA |
| Motorways Traffic (England & Wales) Regulations 1982 | MT(E&W)R |
| Pedal Cycles (Construction & Use) Regulations 1983 | PCUR |
| Public Passenger Vehicles Act 1981 | PPVA |
| Road Traffic Act 1984 | RTA |
| Road Traffic Regulation Act 1984 | RTRA |
| Road Vehicles (Construction & Use) Regulations 1986 | CUR |
| Roads (Scotland) Act 1984 | R(S)A |
Acts and regulations from 1988 onwards
*Specific legislation applies to smoking in vehicles which constitute workplaces.
For information, visit:
- www.smokefreeengland.co.uk
- www.ashscotland.org.uk
- www.gov.wales/smoking
Road User and the Law: What You Need to Know for the Theory Test
Annex 4 explains how road traffic law applies to road users and why understanding the meaning of legal terms can help with Theory Test questions.
The Highway Code is not the whole law
The Highway Code summarises important rules and legal requirements, but the exact wording of the law is found in the relevant Acts and Regulations.
Read legal wording carefully
When a Theory Test question refers to something being legally required, look for the key distinction between advice, a legal requirement and a prohibition.
MUST or SHOULD?
A common test trap is confusing legal requirements with general advice. Pay close attention to words such as MUST, MUST NOT and should.
A road can mean more than a normal carriageway
For many legal purposes, the meaning of road can include places such as footpaths, bridleways, cycle tracks and certain privately owned areas accessible to the public.
Do not assume private means outside the law
A road or area being privately owned does not automatically mean that road traffic law cannot apply. Consider whether the public has access to the area.
What can count as a road?
Questions may test whether road traffic law can apply beyond the main road, including certain paths, cycle tracks, driveways and public-access areas.
Rules can have regional differences
Most provisions apply throughout Great Britain, but some legal definitions and provisions differ between England and Wales and Scotland.
Check the relevant jurisdiction
If a question involves a legal definition or a specific legal provision, do not assume that wording is identical throughout Great Britain.
Why are legal abbreviations used?
The Highway Code uses abbreviations for Acts and Regulations. You mainly need to recognise that these references identify the legislation behind a particular legal rule.
Some offences extend beyond roads
Certain serious road traffic offences can also apply in public places that are not technically a road, such as some public car parks.
Think about public access
When considering where a legal rule applies, do not focus only on whether you see a normal road layout. The legal definition can be wider.
What is the main lesson from Annex 4?
Know the difference between Highway Code guidance and the underlying law, and remember that legal rules can apply in more places than an ordinary road.
Remember Before the Theory Test
Don't Mix These Up on the Theory Test
Annex 4 contains several legal concepts that can sound similar but have different meanings in Theory Test questions.
The Road User and the Law: Theory Test FAQ
Is the Highway Code the same as road traffic law?
No. The Highway Code explains important rules, requirements and guidance, but it is not a complete statement of every law. The exact wording of legal requirements is contained in the relevant legislation.
What does MUST mean in the Highway Code?
MUST and MUST NOT are used for requirements that are legally enforceable. In Theory Test questions, pay close attention to this wording.
Does the legal meaning of "road" include private land?
It can. For many legal purposes, the definition of road is wider than an ordinary public carriageway and can include certain roads, paths and private areas to which the public has access.
Do road traffic laws apply in car parks?
They can. Many car parks and other privately owned areas may fall within the legal meaning of road where the public has access. Some serious driving offences can also apply in public places.
Does road traffic law apply to cycle tracks and footpaths?
References to a road in road traffic law can include certain footpaths, bridleways and cycle tracks. The exact legal position depends on the relevant legislation and location.
Are road traffic laws exactly the same across Great Britain?
Most provisions apply throughout Great Britain, but some legal definitions and specific provisions differ between England and Wales and Scotland.
Why does the Highway Code use abbreviations such as RTA and RTRA?
These abbreviations identify Acts and Regulations that provide the legal basis for particular rules. You do not normally need to memorise the complete list, but understanding what the references represent can help when studying the Code.
What is the difference between a legal requirement and advice?
A legal requirement tells you what the law requires or prohibits. Advice explains safer or recommended behaviour. In the Theory Test, carefully distinguish between words such as MUST and should.
Can a driving offence apply somewhere that is not a road?
Yes. Some serious driving offences can apply in public places as well as on roads. This is why the legal meaning of the location can matter in a Theory Test question.
Where can I check the exact wording of road traffic legislation?
The Highway Code points readers to the relevant Acts and Regulations for precise legal wording. For current legislation, use the official legislation sources rather than relying on an old summary or unofficial website.