What the Highway Code says - a question

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swansonj

Guru
Clothing. You should wear

  • a cycle helmet which conforms to current regulations, is the correct size and securely fastened....
What are the "regulations" referred to? I'm aware of "standards" - Snell etc - but to my mind "regulations" are a specific type of entity which, crucially, has legal force.

I'm sure i could find the answer by googling but it's usually quicker just to ask here....
 

Drago

Flouncing Nobber
Location
Poshshire
The regulations which govern helmets are the CE one's. SNELL is the American standard, and is slightly more rigorous than the CE or old BS standards, but still pretty pith poor.

http://en.m.wikipedia.org/wiki/EN_1078
 
OP
swansonj

swansonj

Guru
Thanks. I know about EN, Snell etc. but to my mind they are all standards and I wouldn't describe any of them as regulations. Perhaps this is just unimportant terminology, but there are plenty of areas of life where the difference is important - standards are voluntary and regulations compulsory.
 

Drago

Flouncing Nobber
Location
Poshshire
They're written in to law and in order to sell cycle helmets in the EU (or US with SNELL) they must be observed. Therefore, by any sensible definition of the term, they are "regulations".
 
It is a should rather than a must. The trouble with the HC definitions is that motorists only 'should' overtake a cyclists with enough space, no 'must' about it. HC should be ripped up and started again from the ground up.
 

david k

Hi
Location
North West
Is the highway code 'regulations'? Thought it was just a code of practice, slightly different. Although codes and standards are not law they can be referred to in court I believe.

Also, when it says should it does give you scope
 

david k

Hi
Location
North West
[QUOTE 3540251, member: 9609"]The trouble is with the "You Should" wording in the highway code is; It may not be illegal to ignore these "You Should" suggestions, but if you are involved in an accident the police will use this wording to put you at fault.[/QUOTE]
It could be used against you by showing you didn't conform with recognised advice I assume
 

Drago

Flouncing Nobber
Location
Poshshire
It is indeed just a code of practice. The definitive legal text for such matters is Blackstones, which also includes relevant stated case law.
 
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