The duties incidental to the exercise of due care on the highway are in part determined by reference to detailed directions published by the Secretary of State for the guidance of road users and known as the 'Highway Code'1. A failure on the part of any person to observe any provision of the code may, in any civil proceedings, be relied upon as tending2 to establish or negative any liability which is in question3. Breach of the code does not create a presumption of negligence
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