The Highway Code was first published in 1931 and has been regularly updated since then to reflect current practice and road use. The latest changes to the Code are particularly wide ranging and they came into effect on 29th January 2022.
Unfortunately, not everyone will be aware of these important changes. A recent survey by the AA revealed that 33% of drivers did not even know that the Highway Code was being updated and of those who are aware it is likely that few will know what the actual changes are.
It is very important that all road users are up to date with these new rules in the Highway Code and this blog will summarise the most important changes.
The most significant change is to give more protection to vulnerable road users, such as cyclists and pedestrians. The new rules create a hierarchy of road users to ensure that those who can do the greatest harm have the greatest responsibility on the road to reduce the danger that they pose to others.
The New Hierarchy of Road Users
- Pedestrians
- Cyclists
- Horse Riders
- Motorcyclists
- Cars/Taxis
- Vans/minibuses
- Large passenger vehicles and HGVs
Examples of Some of the Important Changes
- Drivers must now give way to people crossing or waiting at a junction.
- Drivers must allow at least 2m (6.5ft) of space, keeping to a low speed when passing pedestrians in the road, e.g., when there is no pavement.
- Drivers must leave at least 1.5m (5ft) of space when overtaking cyclists at speeds of up to 30mph and more space if overtaking at higher speeds.
- Drivers must wait behind cyclists and not overtake if it is unsafe or not possible to meet the above clearances.
- Drivers must give priority to cyclists on roundabouts and not attempt to overtake cyclists in their lane who may move across their path as they travel around the roundabout.
- Drivers and passengers in a vehicle should open the door using the hand on the opposite side to the door they are opening. For example, they should use their left hand to open a door on their right-hand side. This is known as the Dutch Reach. This manoeuvre encourages them to turn their head to look back over their shoulder, making it less likely to open the door into the path of an oncoming cyclist or motorcyclist.
Priority for Pedestrians
Prior to the updates to the Highway Code, drivers, cyclists and horse riders had priority at junctions unless a pedestrian was halfway across the road and only had to stop at zebra crossings if a pedestrian was already walking across. With the new Highway Code these road users now have to give way to any pedestrian waiting to cross the road. This also applies when turning into a junction.
Concerns have been raised about this new rule which could see drivers, cyclists and horse riders suddenly stopping and waiting on busy roads, leading to more collisions.
Priority for Cyclists
Vehicle users are now being told to regard cyclists as though they are another motor vehicle. They must give priority to them and not turn in such a way that they cut across a cyclist’s right of way.
The new rules allow cyclists to ride in the centre of a lane to make themselves more visible on the road, especially when approaching junctions and overtaking could be unsafe.
Cyclists are now permitted to cycle no less than half a meter from the kerb or even further when it is safe to do so. Also, cyclists are now advised to leave 1m (or a doors width) when passing parked vehicles to reduce the chances of them being hit if a vehicle door is opened.
The Effect of the New Highway Code on Personal Injury Claims
It is likely that the updates to the Highway Code will change how the Courts deal with liability for Personal Injury claims arising out of road traffic accidents. The Courts will take into account the hierarchy of road users and most likely side with the most vulnerable road user involved in the accident which should be good news for Personal Injury claims for pedestrians and cyclists.
Certainly, for pedestrians and cyclists these are very welcome changes, providing enhanced protection to these vulnerable categories of road users.
If you have been involved in a road traffic accident and would like some advice, please call our expert Solicitors on 0114 218 4000 or email info@tayloremmet.co.uk
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