The Highway Code says that motorists joining a motorway from a slip road are bound to give way - do you agree?

I have just read your response to a reader concerning how to join a motorway. The reader wrote that drivers joining the motorway have no right of way but your reply says otherwise. You wrote: “The priority is common sense. The driver of a car joining from a slip road usually cannot see traffic on the carriageway as clearly as drivers on the carriageway can see him. Any crashes that occur are often the result of stupidity or bloody mindedness by drivers on the carriageway who refuse to give way to the vehicles joining.”

Whilst it is true that some drivers already on the motorway don't move over where they can and it is safe to do so, fundamentally your questioner is correct. Rule 259 of the Highway Code states:

"Joining the motorway. When you join the motorway you will normally approach it from a road on the left (a slip road) or from an adjoining motorway. You should * give priority to traffic already on the motorway * check the traffic on the motorway and match your speed to fit safely into the traffic flow in the left-hand lane * not cross solid white lines that separate lanes or use the hard shoulder * stay on the slip road if it continues as an extra lane on the motorway * remain in the left-hand lane long enough to adjust to the speed of traffic before considering overtaking."

So it is indeed the case that it is up the driver who is joining the motorway to give way if necessary. If drivers already on the motorway move over to allow joining drivers to join, then that is no more than courtesy. The law itself is clear: if you are joining, you MUST give way to traffic already on the main road.

Asked on 4 June 2011 by CB, via e-mail

Answered by Honest John
That’s where you are completely wrong. This is not a "law". Many Highway Code 'rules' are no more than suggestions. If you re-read this one you will see it does not use the command “MUST”. No one is compelled to give way. The Highway Code states what drivers "should" do and, because this is not always the best thing to do in the circumstances, it very sensibly leaves it to their common sense.
Similar questions
There has been much in the press recently about the Centre Lane Owners Group on motorways. The 1999 edition of the Highway Code stated in Rule 238 on Lane Discipline: "If you are overtaking a number of...
As a result of seeing the horrendous pictures of the crash on the M5 at Taunton, I have read through the section of The Highway Code relating to motorways. In the back of my mind, I have either heard or...
A couple of recent letters in your column worryingly reveal how unaware some fellow drivers are of how to drive more safely on motorways. The most common failures can all be summarised, in my view, by...