The truly jaw-dropping moment in this case comes at the end, when the judge allegedly states that the jury “will be directed to ignore Highway Code [rules 93 and 237, advising drivers to] slow down or stop if dazzled [because the] Highway Code is not law” and that the defendant’s failure to adhere to such rules “could be used as evidence of without due care and attention, or could be ignored“.
Remember, crucially, that although the Highway Code is indeed not itself law, the specific charge applied here is based on the expected behaviour of “a careful and competent driver”. One might expect such a driver to – at the very least – broadly adhere to the advice in the Highway Code.
But the judge’s direction appears to be that the Highway Code does not have any value in that context: in other words, that one need not pay the slightest attention to the Highway Code in order to be legally considered a careful and competent driver.
https://beyondthekerb.wordpress.com/2014/02/12/futility/
Remember, crucially, that although the Highway Code is indeed not itself law, the specific charge applied here is based on the expected behaviour of “a careful and competent driver”. One might expect such a driver to – at the very least – broadly adhere to the advice in the Highway Code.
But the judge’s direction appears to be that the Highway Code does not have any value in that context: in other words, that one need not pay the slightest attention to the Highway Code in order to be legally considered a careful and competent driver.