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Driving laws can be a tricky thing to remember. There are 307 rules in the Highway Code, they can change, and sometimes we may be doing something that, while not illegal, can fall under different rules if it impacts our driving safety.
With planned changes for 2026/27 on the horizon, we wanted to break down the UK’s understanding of different driving habits, the potential penalties tied to them, and whether we’re breaking the Highway Code without realising it.
UK drivers can’t reach a consensus on UK driving laws
Overall, Dick Lovett’s survey of 1,000 UK drivers found there is a large gap when it comes to understanding the rules of the road, especially when it comes to headlights usage.
| Habit | % of UK drivers who say they regularly do this habit | % of drivers who think this is illegal | Is this illegal? |
|---|---|---|---|
| Flashing your headlights to give way to other cars | 32% | 2% | Yes - general misuse of headlights |
| Using a hands-free phone | 28% | 18% | No |
| Eating while driving | 21% | 35% | No - but it can impact safety and fall under careless driving |
| Driving while drinking non-alcoholic drinks | 18% | 27% | No - but it can impact safety and fall under careless driving |
| Flashing your headlights to warn other drivers about speed cameras | 16% | 41% | Yes - can be obstructing an officer from their duty |
Only 2% of drivers believe that flashing your lights to give way to other drivers is illegal. However, flashing your headlights incorrectly can land you in trouble according to the Highway Code.
When should you flash your headlights? Well, Highway Code Rule 110 states that you can only flash your headlights to let other road users know you are there. You should not flash your headlights to send other drivers messages, including to say thanks or give way, as this can be confusing to others on the road.
While it’s not a specific offence, general misuse of your headlights puts motorists at risk of up to £200 in fines and three to six penalty points on their licence for careless driving.
However, UK drivers are clearly unaware of this rule and the nuances around it, as a third (32%) of drivers also say they will regularly flash their lights to give way.
Curiously, a third (34%) believe it is illegal to flash your headlights to get other drivers to move faster, so there is clearly some understanding about when and where we should be using our headlights, but not everyone is clear on it.
There’s another headlight rule British drivers admit to breaking that could leave them in serious hot water. 16% of UK drivers say they will flash their headlights to warn other drivers about speed cameras. Not only is this connected to Rule 110, but it also falls under Section 89 of the Police Act 1996. This means you could be seen as obstructing an officer from their duty, facing a £1,000 fine and even risk of prosecution for the offence. Despite this being a serious charge, only two in five (41%) of UK drivers said they thought this was illegal.
Hands-free phones
According to Rule 149, it’s illegal to use a hand-held phone, or similar devices used for communication when driving. This even applies when you are in stationary traffic or standing at a red light.
his will land you six penalty points and a £200 driving fine if you’re spotted on your phone when driving. However, 18% of UK drivers mistakenly believe this also applies to hands-free phones.
While it is far safer not to use any phones or devices when driving, as hands-free devices do have the capability to distract a driver’s attention, the UK law applies to hand-held devices only, so drivers can legally have a call with any hands-free device.
Which habits can lead to careless driving?
Eating while driving
Another area UK motorists are unsure on are the rules surrounding drinking and eating while driving. When asked, 35% said they think eating when driving is illegal, while a quarter (27%) believe this is the case for drinking non-alcoholic drinks when on the road.
Despite this, one in five (21%) said they eat, and 18% said they will drink while driving. So, what actually are the rules?
Under Rule 148, drivers should avoid distractions when driving such as adjusting music, reading maps, and yes, eating and drinking. So, whilst there is no specific law against drinking or eating while driving, if it were to distract a driver and be found to have impacted their ability to drive safely, eating or drinking while driving could be seen as ‘driving without due care or attention’, which can come with some serious charges.
Vaping while driving
Can you vape while driving? 12% of drivers say they regularly vape while driving, while a quarter (26%) think this is against the law. While vaping is not illegal in a private vehicle, drivers should be sure that this doesn’t obstruct their view or cause distractions.
So, can you smoke while driving? Yes, under the same rule of avoiding distractions. However, smoking in your car with anyone under the age of 18 is illegal, with offenders facing a £50 fixed penalty. Although this isn’t the case currently for vaping, there are also talks in process to bring this law into force.
Wearing headphones while driving
Similar to the other topics British drivers weren’t clued up on, a common question asked is “can you wear headphones while driving?”
Headphones can prevent you from hearing important sounds of the road from other cars or emergency vehicles, so they are better to be avoided, even if wearing them is not a specific offence.
And just like changing your music, or reading your maps, wearing headphones can count as a distraction when driving, and so if you found your driving affected by your headphones you could be charged with ‘driving without due care or attention’.
The driving without due care or attention penalty is in most cases a £100 on-the-spot fine and three penalty points added to your licence. However, if any of these habits lead to a serious incident, drivers could face up to £5,000 in fines and nine points added to their licence.
Driving without shoes on
Nearly one in 10 (9%) of drivers say they will drive barefoot regularly. 42% said they believe this is against the law, so is it illegal to drive barefoot?
According to Highway Code Rule 97, drivers are required to wear clothes and footwear that does not prevent them from using their controls in the correct manner. There is not a specific rule on driving barefoot, or in other shoes such as flip flops, slippers, or heels. It all comes down to your ability to drive safely in these shoes (or lack of).
So, can you drive barefoot? Technically yes, although it is not advised. Again, if this is found to impact a driver’s safety, they could be charged with careless driving for not wearing proper footwear.
The rule everyone knows, but still breaks
Speeding
The UK’s understanding is strongest when it comes to speeding fines and limits. Three quarters (75%) of drivers believe, correctly, that driving over the speed limit is illegal, although 13% of UK drivers also admit to regularly speeding when they drive.
This still leaves a quarter seemingly not aware of this law or the penalties that can come with it.
However, there are nuances when it comes to speeding rules, as in the UK there can be some leeway before you get a ticket. How much over the speed limit can you go? Well, when it comes to speed cameras, many have a small ‘tolerance’ buffer of 10% plus 2 mph before you would face any penalties.
This means that in a 30 mph zone, there would be a tolerance guide of 35 mph for drivers.
However, this guideline is not a right, you can still be penalised if you are caught speeding even 1 mph over the limit.
What is the penalty for speeding?
For a minor offence, drivers may be asked to go on a speed awareness course, rather than face a fine or any penalty points.
How much is a speeding fine?
Is one of the most commonly asked questions. And this will vary depending on the severity of your speeding. If you plead guilty to speeding, you’ll have to pay a £100 fine.
If you choose to take the case to court, you could be facing a much higher fine. If you’re found guilty in court, your speeding fine is set based on the speed limit of the area, and how far over it you went when driving. This is then adjusted to a percentage of your weekly income. This can mean fines increase to £1,000 or even £2,500 for motorway offences.
When it comes to how many points for speeding, you’ll be facing a minimum of three penalty points for any speeding offences.
How long do speeding points last?
When it comes to the DVLA these are automatically wiped after four years. They stay valid on your licence for three years, if you get 12 or more points on your licence within three years, you could face a driving ban.
Littering
When asked, just 58% of drivers knew that it was illegal to throw litter out of their car while driving, with 4% admitting to doing this regularly.
However, this is an offence and can land a vehicle owner in hot water, even if they were not the person who threw the rubbish. If any litter is spotted coming from your car, regardless of who did the littering, the registered owner can be given a fixed penalty notice of up to £150.
Driving without a seatbelt
Is it illegal to not wear a seatbelt?
Yes. Although when asked, only two thirds of UK drivers (69%) thought this was the case.
It is a legal requirement for a driver and any passengers to wear a seatbelt, and you can receive an on the spot fine up to £100 if drivers and passengers over the age of 14 are caught without them. This has the potential to rise to £500 if prosecuted in court.
It doesn't have to be illegal for it not to be safe
As we can see, UK drivers don’t have a firm understanding when it comes to rules of the road. With some unaware of strict driving rules and penalties, and others believing there are specific laws covering habits that many are undertaking daily.
While some habits may not fall under specific laws, it’s important to remember that if a driver is stopped by the police, anything that is seen to impede on their concentration and safety on the road can fall under careless driving offences.
So, you can technically drive without any shoes on, but be aware of the risks that come with it.
