Laywer explains rules for flying Union Jack and St George's Cross flags on cars

After a huge row erupted over the flying of UK and England flags on public streets, many Brits have this week fought back by flying their colours in protest - including on cars as well as houses and on lampposts.

The ‘flaggate’ controversy kicked off when Birmingham City Council tore down English St George’s Cross and British Union Jack flags from public roads citing tenuous health and safety concerns. Forced to u-turn, the council’s actions prompted a response from the Prime Minister and led to a wave of stubborn flag flying from locals who even spray painted roundabouts.

Normally, the St George’s Cross in particular is seen more often during international football tournaments, especially flying from car windows.

But if you’re flying a flag, either an England flag or a British Union Jack (or even the Scottish Saltaire or the Welsh dragon), there are both ‘flag etiquette’ rules and laws of the road which could affect how you do it.

According to The Flag Institute, a charity dedicated to the study of flags and flag rules in the UK and overseas, there are rules which govern how people should put flags on cars, mostly aimed at official governmental use like processions.

It says: “A car flag should be placed on a staff fitted to the front-right wing, in the centre of front edge of the bonnet, or in the centre of the front edge of the roof. If two flags are to be flown, the senior flag should be on the front-right wing and the junior flag on the front-left wing.

“When flags are painted onto a vehicle, or on the tail fin of an aircraft, the flag on the port side should show the obverse of the flag (ie. the flagpole on the left), while that on the starboard side should show the reverse (ie. the flagpole on the right). On surfaces perpendicular to the direction of travel (eg. the back of the vehicle) the obverse of the flag should be shown.”

Rules governing items on or in cars from the Highway Code are strict about anything which has potential to distract a driver or stop them from having a good view of the road, which could include a flag.

This isn’t just looking out through the windscreen, but items which potentially obscure blind spots and make it difficult to see when reversing too, leading to an accident caused by a flag blocking your view when backing up.

The Highway Code states in Regulation 30 of the Road Vehicles (Construction and Use: “Every motor vehicle shall be so designed and constructed that the driver thereof while controlling the vehicle can at all times have a full view of the road and traffic ahead of the motor vehicle.”

Any flag put up must not obstruct the driver’s view of any windows or rear-view mirrors and if an accident is caused where a flag is found to be a factor, you could be in real trouble.

The maximum fine is up to £1,000 and there could be three points on your licence too.

Legal experts Bartletts solicitors have information available about the rules on drivers being distracted at the wheel. They said: "A driver is distracted when they are not paying full attention to the road, which can be for a wide variety of reasons, including something they see (visual), hear (auditory) or think (cognitive). There may also be a physical distraction that causes them to take their hands off the steering wheel and subsequently lose control of their vehicle.

"Drivers may be distracted visually if they are talking to a passenger in their vehicle or if they are looking at something they are driving past. They may also take their eyes off the road if they are changing music, adjusting their sat nav, looking at a map, eating or drinking, or lighting a cigarette, all actions which can also involve a driver taking at least one hand off the steering wheel.

"Research indicates that eating or drinking while driving doubles the risk of an accident occurring, and, similar to smoking, eating and drinking are mental as well as physical distractions. Children, and babies in particular, are a common form of distraction for parents while driving, as they will often have to turn their heads to deal with whatever is happening in the back of their vehicle.

"Inattention and distraction is one of the main causes of road traffic accidents, with one authoritative US study finding that it was at least a contributory factor in almost 80% of the accidents analysed. Being able to establish that a driver was distracted and not paying proper attention to the road prior to an accident can be an important factor in establishing responsibility and hence legal liability. If you have been involved in a road traffic accident that you believe was caused by another driver being distracted for whatever reason, get in touch with our specialist solicitors who will be able to advise and guide you through the claims process."