Major Changes to The Highway Code – What you need to know

On January 29, 2022, major changes to The Highway Code came into force which will impact all road users – but it seems many drivers are unaware. 

Thinking it over with Carol Fish, Director & Head of Serious and Catastrophic Injury.

If you haven’t looked at a copy of The Highway Code since passing your driving test, then I would suggest that now is the time to revisit it.

The move is part of the Government’s strategy to make our roads safer for the most vulnerable road users, including pedestrians, particularly children, older adults and disabled people, cyclists and horse riders.

The numbers speak for themselves. Provisional figures from the Department of Transport show 4,290 pedestrians and 4,700 cyclists were killed or seriously injured in crashes on Britain’s roads in the year to the end of June 2021.

In my role as a catastrophic injury solicitor I often deal with the devastating aftermath of serious road traffic accidents so the introduction of new rules to improve road safety are to be welcomed, albeit there are some controversial changes.  

The new measures will introduce a risk-based hierarchy of road users which will require those who can do the greatest harm to others to have a higher level of responsibility to reduce the danger.

This means, for example, that someone driving will have more responsibility to watch out for people cycling, walking or riding a horse, and cyclists will have more responsibility to be aware of pedestrians.

Some of the changes include drivers having to give way to pedestrians crossing at a junction; giving priority to cyclists when turning in or out of a junction or changing lanes; and to stop and wait for a safe distance between cyclists at roundabouts or during slow-moving traffic.

The revised Highway Code also includes clearer guidance for drivers to leave a minimum distance of at least 1.5 metres when overtaking cyclists and (controversially) advice for cyclists to ride in the centre of the road to make themselves visible in certain situations.

There will also be a recommendation for car users to reduce the risk of opening a door into the path of a cyclist by opening a car door from inside by using the hand furthest away from the door (known as the Dutch Reach method). This encourages you to turn your body fully and check your blind spot for passing cyclists.

Some of The Highway Code rules are not legally binding as such but if, for example, you have an accident they can be relied upon to establish or negate liability in any civil or criminal court proceedings. Other rules are legal requirements and enforced by law, so be aware that you could commit a criminal offence if you don’t obey them and you could be liable for fines, penalty points and even imprisonment. 

Road safety groups have claimed the government has not done enough to publicise the rule changes. An AA poll of more than 13,000 drivers found that one in three were unaware of the changes, while Cycling UK has expressed concern that the revisions will be of limited benefit if the public aren’t aware of them.

I would agree. If the new code is to make any impact, it’s vital that the public knows and understands it.

With the Department of Transport due to launch a public awareness campaign in February, I would urge all road users to do their homework.

Education is key when it comes to safety on our roads, and we all have a responsibility to ensure people are kept safe from harm, however they use the road network. You can brush up on The Highway Code at www.gov.uk/guidance/the-highway-code.

You can contact Carol on 01228 516666 or click here to send her an email.