Common Driving Myths Explained: True or False?
It’s not just roundabouts that can be confusing for UK motorists, sometimes the rules around driving itself can be tricky to negotiate.
Legislation and guidance for car and van owners changes all the time - just look at the most recent overhaul of the Highway Code that introduced a new ‘Hierarchy of Road Users’, among other amends, to improve safety.
Driving regulations also need to keep up with the times, with guidance changing according to the latest tech, including mobile phone and sat nav usage.
Add common driving myths, misinterpretations and falsities into the mix and you’ve got a landscape that’s sometimes more bewildering than a ripped-in-half map.
So, with all of that in mind, is it illegal to eat and drive? Can you drive barefoot? And what about driving while wearing headphones in the UK?
Read on to find out as we embark on a myth-busting journey:
Splashing pedestrians is illegal - TRUE
Whether you’re driving a car or riding a bike, splashing a pedestrian with your vehicle is illegal.
It’s legislated by Section 3 of the Road Traffic Act 1988 and falls under an offence of ‘careless, and inconsiderate, driving’.
The Crown Prosecution Service (CPS) warns that ‘driving through a puddle causing pedestrians to be splashed’ can be seen as an example of such inconsiderate driving.
And depending on the severity of the offence, anyone prosecuted could be hit with nine penalty points and an unlimited fine.
Throwing litter is illegal - TRUE
Yep, dropping litter - whether you’re on foot or chucking your McDonald’s wrappers out of your car window - is illegal and you can be prosecuted under the Environmental Protection Act 1990. Section 87 of that Act also says that it’s ‘immaterial for the purposes of this section whether the litter is deposited on land or in water’ - so discarding your rubbish in the nearest river or canal is prosecuted in the same way as dropping it in the street.
In July 2023, the Government handed new powers to local councils, upping the maximum littering fine from £150 to £500. And drivers have been prosecuted using CCTV and dash-cam footage.
While you wouldn’t necessarily receive points on your licence for littering, if you’re not in control of your vehicle while emptying your ashtray, for example, you risk a prosecution for ‘driving without due care and attention’, which can attract up to nine licence points, a fine up to £5,000, and even the potential for a ban.
Not calling the police after hitting an animal is illegal - TRUE
Under the Road Traffic Act 1988, drivers are required by law to report collisions with certain animals. The legislation explains how there’s a ‘duty of driver to stop, report accident and give information or documents’ in such scenarios.
But the scope of what ‘animal’ means is limited. It specifically relates to ‘horse, cattle, ass, mule, sheep, pig, goat or dog’.
So, if you hit a squirrel, there’s no need to call the police.
There are also high profile campaigns to get cats added to that list - with many owners kept agonisingly in the dark when their beloved pets are injured or killed on the roads.
It’s illegal to sound your car horn during specific times - TRUE
You might want to let your friend know that you’re outside their house and ready to pick them up, but there are specific rules about honking your horn during certain time periods.
When can you use your horn in a built-up area?
TheRoad Vehicles (Construction and Use) Regulations 1986, Section 97, says that, ‘No motor vehicle shall be used on a road in such manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver.’
It goes on to say that unless there’s a risk of imminent danger or threat, you should never sound your horn when stationary.
Meanwhile the law prevents you from using your horn between the hours of 23.30 and 07.00 when on a ‘restricted road’. That ‘restricted road’ description simply means a built up area with a ’system of street lighting furnished by means of lamps placed not more than 200 yards apart’.
Eating and driving while driving is legal - TRUE
Can you eat and drive? There’s no specific law that prevents a driver from eating or drinking (a non-alcoholic beverage) behind the wheel.
But that’s not to say you can’t still be prosecuted - and that’s because you can easily become distracted when snacking or sipping while driving.
Think about how vision might be restricted while tipping a bag of crisps into your mouth, draining a can of fizzy drink, or reaching into the passenger seat to grab a handful of fries.
Legislation falls under the Road Traffic Act 1988 and covers driving ‘without due care and attention, or without reasonable consideration for other persons using the road or place’.
Again, depending on the circumstances, you could face nine points on your licence and a £5,000 fine.
What about throwing an apple core out of the window? It’s still littering in the eyes of the law and motorists have been warned that the behaviour creates other dangers as it encourages animals into the road.
And is smoking while driving legal in the UK? Again, it’s not illegal, per se, but it can be considered a distraction and could lead to a charge of careless driving.
Driving barefoot or in flip flops is illegal - FALSE
There’s no specific law that prohibits driving barefoot or driving in flip flops. But that’s not to say it’s recommended. Is it illegal to drive in sliders and can you drive in sandals? Again, the same thinking applies.
The Highway Code states that before setting off on a trip, drivers should ensure ‘clothing and footwear do not prevent you using the controls in the correct manner’.
The idea is that you need solid, sturdy footwear that’s going to allow you to press the accelerator, brake and clutch pedals (if you’ve got a manual gearbox) with minimal fuss and without slipping.
If you’re NOT in proper control of your vehicle because of your footwear, or lack thereof, you risk being prosecuted for driving without due care and attention or without reasonable consideration for other road users. Should the worst happen, the penalties can be severe, with a max of nine penalty points on your licence and a fine of up to £5,000.
Wearing headphones while driving is illegal - FALSE
Is it illegal to drive with headphones on in the UK? No, it’s not.
Some European countries, such as France, have specific laws that ban the use of headphones while driving, even if it’s just a single earbud. Motorists risk a 135 Euros fine and 3 penalty points on their licence.
Here in Britain it’s a different story. You might choose to don headphones to listen to your favourite podcast or in preparation to answer phone calls.
But you need to think very carefully before doing so and to proceed with caution.
If your audio is at a listening level that masks the noise of other road users, are you compromising the safety of yourself and other road users? Will you be able to hear the noise of an oncoming car at a crossroads with poor visibility? Will you even hear the honk or a horn from a motorist warning you of imminent danger?
If your headphones do end up reducing your driving capabilities, you risk a £100 on-the-spot fine and three penalty points - while penalties can be much more severe if your use of headphones contributes to a serious collision.
Using your mobile phone as sat nav is illegal - FALSE
It’s perfectly legal to use your phone as a sat nav.
But there are also some hard and fast rules you need to abide by and which are also enshrined in law.
As of March 2022, tough new legislation was introduced which takes a ‘zero tolerance’ approach to phone use behind the wheel.
It’s illegal to use a handheld mobile phone while driving under virtually any circumstance, unless you’re calling 999, for example.
Anyone caught using their handheld device while driving risks a fine of up to £1,000 as well as 6 points on their licence. And you can only use devices with a built in sat nav - such as your phone - as long as you ‘do not hold them at any time during usage’.
You shouldn’t touch your phone at all - and if you need to make adjustments to your sat nav route, pull over and stop the car before doing so. Your device must also not block your view of the road and traffic ahead.
The Highway Code is the law - FALSE
While the Highway Code should be essential reading for all motorists, whether you’re trying to pass your test or not, it’s not actually a legal document, even though many of the rules in the Code are ultimately backed by legislation.
The Code is produced by the Department for Transport and the Driver and Vehicle Standards Agency (DVSA) and can trace its roots all the way back to 1931 (it cost one penny to purchase at the time).
If you’re scanning through the Highway Code and you see the words ‘MUST/MUST NOT’, these are legal requirements with proper legislation behind them and which could see you committing a criminal offence.
Other sections of the Code, however, act as important guidance while not actually being prosecutable. For these sections, you’ll see the words ‘you SHOULD’ being used instead.
For example, ‘You SHOULD ensure that clothing and footwear do not prevent you using the controls in the correct manner’ (see above).
It is illegal to have the interior light on inside your car while driving in the UK - FALSE
This is one that many motorists believe as fact - when there’s actually no law at all that prohibits you from driving with your car’s interior lights illuminated.
It’s not even mentioned in the Highway Code.
However, you still need to be mindful about the risk of distraction - whether it’s yourself or other motorists - while there’s also the risk that you might dazzle other road users.
Speaking of lights - is it illegal to flash your headlights in the UK?
The Highway Code advises: “Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users”. It also adds: “Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.”
Meanwhile there are also specific laws about headlight use. Dazzling other drivers with un-dipped headlights constitutes ‘careless, and inconsiderate, driving’ under the Road Traffic Act 1988 and you can face prosecution.
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