This is really is a difficult driving situation.
Discussion
Rule 92: The horn. Use only while your vehicle is moving and you need to warn other road users of your presence. Never sound your horn aggressively. You MUST NOT use your horn
while stationary on the road
when driving in a built up area between the hours of 11.30 pm and 7.00 am
except when another vehicle poses a danger.
Law CUR reg 99
Regards
Sally
while stationary on the road
when driving in a built up area between the hours of 11.30 pm and 7.00 am
except when another vehicle poses a danger.
Law CUR reg 99
Regards
Sally
Highway Code states that you must not use the horn when your vehicle is moving between the hours of 23.30 and 07.00 in a built-up area. When the vehicle is stopped on the road, however, you may only use the horn to warn other road users of danger due to another moving vehicle.
The horn may be used at other times, when your vehicle is moving, when necessary, to warn other road users of your presence.
The horn may be used at other times, when your vehicle is moving, when necessary, to warn other road users of your presence.
7db said:
So if there is danger at night in a built up area, you must stop before you can legally use your horn.
I thought that too. I was just referencing the old Highway Code.
O/T Just discovered I have three copies of the HC as a result of having a rather large bookcase and losing copies down the back over the years
7db said:
So if there is danger at night in a built up area, you must stop before you can legally use your horn.
Hee Hee.
Dear 7db - I'm sure you know this already, but the "except when...." refers to both bits i.e. stationary AND built up area.
Regards
Sally
www.highwaycode.gov.uk/07.htm#92
Lady Godiva said:
Dear 7db - I'm sure you know this already, but the "except when...." refers to both bits i.e. stationary AND built up area.
To me that means that the HC permits the horm to be used while your vehicle is moving and you need to warn other road users of your presence regardless of darkness or built up areas. (In the situation described, I'd use the horn regardless of whether the letter of the law permitted it. But I think it does permit it.)
Lady Godiva said:
7db said:
So if there is danger at night in a built up area, you must stop before you can legally use your horn.
Hee Hee.
Dear 7db - I'm sure you know this already, but the "except when...." refers to both bits i.e. stationary AND built up area.
Regards
Sally
www.highwaycode.gov.uk/07.htm#92
No, afraid it doesn't, Sally. HC is a little unclear, so I read it in CUR to check:-
Construction and Use Regs said:
Use of audible warning instruments
(1) Subject to paragraphs (1) to (6), a person shall not sound, or cause or permit to be sounded, a horn, gong, bell or siren fitted to or carried on a vehicle which is -
(a) stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or
(b) in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.
Paras 1-6 give all sorts of waffle about reversing alarms etc, none relevant to moving night-time use.
7db said:
Lady Godiva said:
7db said:
So if there is danger at night in a built up area, you must stop before you can legally use your horn.
Hee Hee.
Dear 7db - I'm sure you know this already, but the "except when...." refers to both bits i.e. stationary AND built up area.
Regards
Sally
www.highwaycode.gov.uk/07.htm#92
No, afraid it doesn't, Sally. HC is a little unclear, so I read it in CUR to check:-
Construction and Use Regs said:
Use of audible warning instruments
(1) Subject to paragraphs (1) to (6), a person shall not sound, or cause or permit to be sounded, a horn, gong, bell or siren fitted to or carried on a vehicle which is -
(a) stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or
(b) in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.
Paras 1-6 give all sorts of waffle about reversing alarms etc, none relevant to moving night-time use.
Errrrrrr..... Excuse me but while you two are debating whether i should have tooted my horn these two cylist have been killed, mine you it could been worse, I could have ended up with 3 points.
Phew that was lucky.
7db said:
HC is a little unclear, so I read it in CUR to check:-
Use of audible warning instruments
(1) Subject to paragraphs (1) to (6), a person shall not sound, or cause or permit to be sounded, a horn, gong, bell or siren fitted to or carried on a vehicle which is -
(a) stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or
(b) in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.
Paras 1-6 give all sorts of waffle about reversing alarms etc, none relevant to moving night-time use.
Construction and Use Regs said:
Use of audible warning instruments
(1) Subject to paragraphs (1) to (6), a person shall not sound, or cause or permit to be sounded, a horn, gong, bell or siren fitted to or carried on a vehicle which is -
(a) stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road; or
(b) in motion on a restricted road, between 23.30 hours and 07.00 hours in the following morning.
Paras 1-6 give all sorts of waffle about reversing alarms etc, none relevant to moving night-time use.
Dear 7db - Oh Ho, now it IS confusing.
Aside from the fact that if it was to avert danger I would use it anyway, it appears there is a clear difference (well, to me anyway). The way the Highway Code is written, it definitely suggests that the endorcement about dnager relates to both stationary AND built up. The exception is given after, but seperated from, 2 bullet points, which infers it relates to both. But CUR only gives 'danger' as an exemption if you are stationary (with the words in clause a).
I presume that if there is a difference like this, CUR will prevail. It certainly suggests (admittedly by ommission) that you cannot use the horn in the restricted area in those times, even if a nother vehicle posed a danger.
Well, it's good to learn things. Every day in every way I will get better and better.
Regards
Sally.
P.S. Lets have an accident that could have been avoided, as long as we don't wake anybody up. Seems a little bizarre.
Lady Godiva said:
P.S. Lets have an accident that could have been avoided, as long as we don't wake anybody up. Seems a little bizarre.
No. The law says:-
Stop to avoid the accident rather than blasting on your horn. If you have stopped but the accident is still imminent, then use the horn.
First priority - drive your vehicle in the way best designed to avoid the danger. If that doesn't look like working successfully, use headlights, horn, whatever - and don't bother about what a detailed reading of the law says!
Best wishes all,
Dave.
Best wishes all,
Dave.
Edited by TripleS on Friday 22 September 14:40
Speaking as a police officer, I can't imagine ever taking action against anyone for using their horn if they were trying to prevent an accident, regardless of whether or not it's a restricted road, the time of night, or if they were moving or stationary. Wallets can breath easy when I'm around...
jamesson said:
Speaking as a police officer, I can't imagine ever taking action against anyone for using their horn if they were trying to prevent an accident, regardless of whether or not it's a restricted road, the time of night, or if they were moving or stationary. Wallets can breath easy when I'm around...
Back to the original question, I think I might have been inclined to indicate right, first and foremost. Although I would have had no intention of moving right, it SHOULD have alerted the cyclists to a potential hazard and made the driver behind VERY reluctant to try and overtake, just in case I was about to overtake something else, e.g. a cyclist, leaving too little room for him to pass. No driver likes the idea of being crushed or pushed off the road!
In addition to indicating right, I'd have considered the brakes (& pull in to the left) and/or a flash of the headlights, depending on how it was developing.
I realise that, instead of indicating right above, one ought consider using the hazard lights (right?), but unfortunately they are so often used by people these days to say either "I'm stopping" or "I'm annoyed" that I can only think of the right indicator as (hopefully) having the desired effect. Put it this way, I would DEFINITELY not go for an overtake of a lorry if he put his right flasher on.
In addition to indicating right, I'd have considered the brakes (& pull in to the left) and/or a flash of the headlights, depending on how it was developing.
I realise that, instead of indicating right above, one ought consider using the hazard lights (right?), but unfortunately they are so often used by people these days to say either "I'm stopping" or "I'm annoyed" that I can only think of the right indicator as (hopefully) having the desired effect. Put it this way, I would DEFINITELY not go for an overtake of a lorry if he put his right flasher on.
jamesson said:
Speaking as a police officer, I can't imagine ever taking action against anyone for using their horn if they were trying to prevent an accident, regardless of whether or not it's a restricted road, the time of night, or if they were moving or stationary. Wallets can breath easy when I'm around...
Which is why we should be thankful the idiots that make the road laws aren't the one's policing it!!! I mean, seriously, what a load of total utter GUFF those rules are.
WTF couldn't they just say - "doesn't matter where you are, or what you are doing, if there is a chance that sounding your horn could save an accident or reduce risk to other persons, slap the thing!! If however you are sat in your chavved out nova and just want to attract some chavettes attention, dont or we'll take your wallet for a walk."
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