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Wales Online
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Nino Williams

'Is it illegal to drive with...': All the ways you could be breaking the law when you get behind the wheel

It doesn't take Christmas being around the corner to know you shouldn't get behind the wheel if you're under the influence, but there are plenty of other ways you can also fall foul of the law, some of which aren't quite so obvious.

With the festive season taking off, Wales' four police forces have launched their annual Christmas drink and drug driving campaign, which aims to catch people who risk their life and the lives of others by driving while under the influence.

Sadly, some drivers will still ignore the law and find themselves before a court in December or January, 2021, for this very reason. However, others may end up in the same place for quite different reasons, or face a find and penalty points.

READ MORE: Drivers warned they could face unlimited fines and disqualification for going out in snow or other bad weather

Here are a few other things that might land you in hot water when you're driving.

Driving with headphones

This is not illegal, but could still land you in trouble, even if it's The Beatles. Drivers might wear headphones to operate their phone hands-free or to listen to music, but this can lead to reduced awareness on the road. If headphones lead to you being distracted or to drive dangerously, drivers can face fines of £100. If it goes to court the fine can increase to £5,000 and include up to nine penalty points, plus a possible driving ban.

Driving with loud music playing

Playing loud music is usually not illegal, but it can still land you a penalty. According to the Highway Code, loud music that is deemed a distraction can result in a £100 fine and three points on your licence. In more extreme circumstances, if you have music so loud that it hinders your awareness, you can be hit with a £5,000 fine and possibly a driving ban. But drivers playing music through their car’s sound system are likely to be safer than those using headphones.

Driving without an MOT

In most cases, this is illegal. If you are caught by police, you can be handed a fine of up to £1,000. Automatic Number Plate Recognition (ANPR) systems are now commonplace and can identify vehicles being driven without an MOT, so it is difficult to go unnoticed. The only cases in which this is not illegal, are if you are driving your vehicle to a booked MOT test or to or from a garage for vehicle repairs. In these scenarios, it is important to carry proof of booking with you, so that if you are pulled over you can show this to the police to avoid a fine.

Driving with an expired driving licence

It is illegal to drive without a valid licence, and doing so can lead to hefty punishments; a fine of up to £1,000 and between three and six penalty points on your licence. Your car could be seized, and persistent offenders can even have their cars crushed or disposed of by the police.

Driving with one headlight

This car might have problems if pulled over by the police (UGC MWL)

Driving without proper working headlights is illegal. Driving with one headlight could land you with a fixed penalty notice fine of £100 if pulled over by the police. This will not add points to your licence, but is intended as a warning to fix your headlights. If this offence is challenged in court the fine could rise to £1,000.

Driving without a spare tyre

You do not have to carry a spare tyre with you on the road, but any tyre you do carry must comply with the tyre laws; the tyre pressure must be suitable for driving and the tread depth must meet the minimum requirement of 1.6mm across the central ¾ of the tyre width. If you are found driving on tyres that have tread lower than the legal minimum you can risk receiving up to three penalty points on your driving licence and a fine of £2,500 per illegal tyre.

Find out about traffic and travel issues where you live:

Driving in flip flops

No footwear is illegal to drive in, so long as it's safe to do so. However, it is not recommended to drive in flip flops or sandals for safety reasons, as they do not provide secure grip or control. This type of footwear can easily slip off the foot, making them far from ideal for safety.

Footwear guidelines for driving are:

  • Don’t wear a sole thicker than 10mm
  • Don’t wear a sole that is too thin or soft
  • Wear a sole that provides enough grip with no slipping on the pedals
  • Wear shoes that do not limit ankle movement or are too heavy
  • Make sure your footwear is not too clunky, so they only touch one pedal at a time

Driving with bare feet

It is not illegal to drive a vehicle barefoot if you can still safely operate the vehicle. However, suitable shoes are always recommended for driving so you can competently operate the pedals. Driving barefoot carries the risk of you not having proper grip on the pedals. So although you will not face a fine or punishment for this, your car insurance could be voided if an accident was linked to your bare feet. It’s always safer to drive in suitable footwear.

Other examples of illegality with your car include:

Parking on a pavement

It is common, but a legal grey area. Driving on a footway has been illegal since for closing on 200 years, but parking not necessarily so. It's only expressly forbidden in London according to the Highway Code which says: “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it". Should is the key word if you live outside of London, but it is an advisory term indicating there is no specific law governing pavement parking. You could still face a fine if you park on a pavement if deemed to fall foul of laws on ‘causing an obstruction’.

However, the Welsh Government announced earlier this year it was considering making parking on the pavement illegal.

Parking on a single yellow line

Single yellow lines mean some form of parking or waiting restriction is in place during certain hours of the day, and those restrictions should be displayed nearby and, outside of these hours, you’ll be allowed to wait or park on them. Single yellow lines tend to be on busy routes so may mean there is a complete ban on parking during the day. This restriction is then lifted in the evenings and weekends. It is always worth checking road signs first for clarification.

Driving in the middle lane of the motorway and undertaking

The Highway Code states that all drivers must keep to the left-hand lane when not overtaking. Even if a car is hogging the middle lane, if you overtake a car to your right, you're also breaking the law. It’s illegal in the UK and could result in a conviction for driving without due care or even careless driving.

Using sat nav

The rules on using sat navs at the wheel are similar to mobile phones. It still reduces your concentration and reaction time, according to the government, however, which states: “You can use hands-free phones and sat navs when you’re driving. But if the police think you’re not in control of your vehicle you could still get stopped and penalised.”

Eating and drinking

Eating or drinking while driving is not strictly illegal, but drivers can still land themselves in hot water if it results in them failing to drive with due care and attention.

Using the horn to rebuke others

Beeping other drivers should only be done to warn someone of danger. It’s also illegal to use the horn if the vehicle is stationary. The Highway Code says you should never sound your horn aggressively or while stationary. You should also not use it in a built-up area between the hours of 11.30pm and 7am unless absolutely necessary.

Driving through a puddle and splashing people

Splashing pedestrians when driving through a puddle could land you with a fine (Grimsby Live)

Drivers could face a £5,000 fine if they splash pedestrians. Under the Road Traffic Act 1988 it is illegal to drive “without reasonable consideration for other persons”, including “driving through a puddle causing pedestrians to be splashed”. Driving "without reasonable consideration" differs from the offence of driving without due care and attention as it would mean that a third party has been inconvenienced by your driving. While most people would be handed a fixed £100 penalty the offence can lead to a maximum fine of £5,000 if the driver’s behaviour is found to be “an act of incompetence, selfishness, impatience, or aggressiveness”. You can also receive between three and nine penalty points on your licence.

Leaving the engine running

If you leave your vehicle unattended with the engine running in the cold weather you're breaking the law, even if doing it in the morning to warm up your car and de-ice your car windscreen and windows.

Driving with excessive window tinting

There are no rules for tinting the rear windscreen or rear passenger windows, but if your windscreen or front side windows are tinted too much you could get a ‘prohibition notice’ stopping you from using your vehicle on the road until you have the extra tint removed. You could also receive a penalty notice or court summons.

Not clearing the whole windscreen before driving

If your vision is obscured through dirt or snow you could face a hefty fine. The Highway Code stipulates that if driving in adverse weather conditions you must, by law, be able to see out of every glass panel in your vehicle. That means fully wiping snow or frost from every window. It’s also the law that all your mirrors are clear and demisted and all lights and number plates are clearly visible too.

Not clearing snow from the roof of your vehicle

While driving with snow on your roof isn't technically illegal, if it falls onto your windscreen while driving or flies into the path of another car then you could be penalised for "driving without due consideration" or "using a motor vehicle in a dangerous condition", according to the RAC.

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