RE: [OT] Undertaking (was arrogant etc...)

[Nic Blinston <ukha@xxxxxxx>]

>>  <snip>
>>  >And as it is an offence not to obey the rules laid down
in
>>  the Highway
>>  Code, that would make it illegal.
>>
>>  You're not quite right there, I'm afraid.
>>
>>  To quote the introduction:
>>  "Although failure to comply with the other rules of the
Code
>>  will not, it itself, cause a person to be prosecuted,
The
>>  Highway Code may be used in evidence in any court
proceedings
>>  under Traffic Acts to establish liability."
>
>Slight mistake on my part there then :-)
>
Gerard raises an interesting point however - I haven't actively read 
the Highway code in a very long time (who has?) and I believe the 
wording of this rule has been expanded since then. It is of course 
possible to be prosecuted for something you didn't know was illegal, 
as ignorance is no defence.

Anyhow, I shall continue to undertake on the few occasions where I 
consider it appropriate and safe(r); and where I believe I could 
justify it against a charge of 'without due care' or 'dangerous 
driving' (I presume those are the most likely charges which would use 
the HC as evidence?)

Nic

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