11/03/2026
Driving rules you may not be aware of.
There are some rules that even the most ardent of drivers didn’t realise could land you a fine or points on your licence.
Driving with headphones in
While there is no specific law that prevents you from using headphones while driving, you could still be issued a hefty fine if they are deemed to be distracting.
Police can charge you with driving without due care and attention or careless driving if you are involved in a collision and they deem you have been distracted by your headphones. The most common penalty for careless driving offences is a £100 on-the-spot fine and three penalty points. But for more serious incidents, including if your case goes to court, the maximum punishment is £5,000 and nine points being added to your licence – or even a potential driving ban.
Breaches of the Highway Code under rules 66 and 148 are not technically punishable offences themselves, but may be taken into consideration when considering whether a motorist has been found guilty of an offence under the Road Traffic Act.
Experts advise using bluetooth to connect your phone to in-car audio systems, aux cables or utilising more traditional listening platforms like radio stations to avoid the safety risk. The latter removes the risk of using a mobile phone while at the wheel to change the music that they’re listening to, one way you could get a £200 fine and six penalty points for using a phone, sat nav, tablet while driving.
If you’re using your headphones in conjunction with your mobile phone, you could face a fine under the latest phone driving laws, which could see you fined £200 and six points added to your licence, according to the Express.
Littering from your car
Litter being throw out of a car while driving
In 2018, new legislation introduced by the Government now allows local authorities to almost double the amount drivers can be fined. If proven that litter was thrown from your vehicle, the driver is liable to pay up to £150, no matter who threw the rubbish. Latest reports show councils are currently spending £700 million per year cleaning in the region of 200,000 bags worth of rubbish from roadsides.
Incorrect use of children’s car seats
While parents, grandparents and other adults have plenty to remember ahead of road trips, many will forget – or choose to ignore for short drives – the simple car seat rules for children that will be travelling with them.
It’s the driver who can get fined up to £500 if children under the age of 14 are not safely secured in a vehicle or caught using an unsuitable or incorrectly-fitted car seat. The offence also provides obvious safety risks that are not worth taking.
“ISOFIX has made using car seats a lot easier since it became mandatory in 2013 for all new cars made in the UK,” said our general manager Gerry Bucke.
“But not all cars have them. So it’s just about making sure the seat is used as it should be and every step is taken to protect all passengers, especially the youngest and most vulnerable.”
Rule 100 of the Highway Code states children MUST use a child car seat until they are 12 years old or 1.35m (approximately 4ft 5in) tall, whichever comes first. A host of other laws that need adhering to include babies being in a rear-facing seat, a child not being placed in a seat protected by an active frontal airbag and that all restraints are properly fitted to the manufacturer’s instructions.
Va**ng whilst driving
Women sitting behind the wheel of a car and va**ng while driving
This is another rule where the activity is not strictly against the law, but va**ng in a vehicle could see drivers fined or have points added to their licence if smoke is considered to block their view of road hazards.
Fines typically start at £100 and three points could potentially be added to your licence. If a police officer deems your va**ng to be incredibly hazardous, they could charge you with dangerous driving. This could exponentially increase your punishment and you could be hit with up to nine points and a maximum fine of £5,000.
Sleeping whilst drunk in your car
If you have too much to drink and have no way of getting home, you might think the sensible thing is to sleep it off in your car. However, if the police catch you, you can be prosecuted for being “drunk in charge of a motor vehicle”, says Road Traffic Specialist Alex Garner.
This is an offence under section 4 of the Road Traffic Act 1988. “The penalty is a minimum ten penalty points and a fine”, says Alex Garner, “and could mean a jail term along with a twelve-month ban.”
Driving in flip flops
Driving in flip flops could lead to a careless driving charge if they are deemed to impede your ability to drive safely. The Highway Code Rule 97 states you must have “footwear and clothing which does not prevent you using the controls in the correct manner”.
Flip flops could slip off, get trapped under pedals or prevent you from pressing the pedals with enough force to brake quickly, which could cause you to drive erratically or even lead to a collision.
If stopped by police while driving in a potentially dangerous manner or if your footwear is a reason for an accident, you could be charged with driving without due care and attention. Careless driving carries a £100 on-the-spot fine and three penalty points on your licence.
And if contested in court, the charge could be a maximum fine of up to £5,000, and/or up to nine penalty points or a driving ban.
Eating or drinking whilst driving
Man sipping on a coffee while driving
There is no law against eating or drinking while driving, but if police believe you’re not in proper control of your vehicle they can charge you with careless driving.
A 2012 study by the University of Leeds suggests that the reaction times of motorists who were eating were up to 44% slower than usual.
The ‘Secret’ Pedestrian rule
A change to the Highway Code in early 2022 means drivers should stop for people waiting to cross, not just those already crossing.
The rule, H2 of the hierarchy of road users, effectively makes every junction with a pavement a pedestrian crossing, but most experienced drivers still don’t realise that’s the case. It leaves them in constant danger of being hit with a charge of careless driving should an accident occur. The maximum penalty for the offence is nine points and a £5,000 fine.
It has become known as the ‘secret’ pedestrian rule because so many people are unaware of it.
