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Posted By teaboy
Morning All, just a quickie,
Is the Highway Code an ACoP, CoP or guidance, not having a copy to hand, and unable to find clarification on the website, i thought I'd ask my learned colleagues.
thanks in advance
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Posted By toby liberson
ACOP
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Posted By CFT
Agree with Toby.
CFT
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Posted By teaboy
Thought so
thanks chaps
teaboy
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Posted By The toecap
If i remeber rightly it states. This is a guide for road users.
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Posted By Max Bancroft
Good morning all - a clarification for myself - isn't an ACoP purely something that is created by the HASAW Act with its own special standing in a criminal court? Or do they exist under other legislation? With the same requirement - the accused has to prove that his system was giving equivalent safety to that specified in the ACoP?
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Posted By CFT
HC has been referred to in the past as guidance which is just a phrase; it is however an ACoP.
CFT
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Posted By Alan Hoskins
Here is an extract from the introduction to the Code:
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. An explanation of the abbreviations can be found in 'The road user and the law'.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see 'The road user and the law') to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.
Alan
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