The Highway Code provides guidance and legislation that governs road users, including pedestrians, mobility scooter users, cyclists, horse riders, drivers and motorcyclists. It applies to England, Scotland and Wales and is essential reading for all road users. The purpose of the code is to encourage all road users to conduct themselves in a responsible way and in turn reducing the potential for road casualties.
It is likely that the last time most road users familiarised themselves with the Highway Code was in preparation for their DVLA theory test. As with most public guidance the Code is not static and is constantly evolving.
The most recent changes which came into force from 29th January 2022 significantly change the duties owed by different road users to others.
Hierarchy of Road Users
Rule H1 which advises upon the hierarchy of road users is one of the primary changes. This rule sets out the order of responsibility for road users based on the potential risk and harm they can cause in the event of a collision. The hierarchy is as follows:
- Pedestrians
- Cyclists
- Horse riders
- Motorcyclists
- Cars/taxis
- Vans/minibuses
- Large passenger vehicles and HGVS
The higher up the list the most likely that group is to be injured in the event of a collision and the duty of care is owed to that group by the subsequent groups.
This clear hierarchical structure will aid in the establishing of liability of Road Traffic Accident cases as the duty of care is clearly defined.
However, it is important to note that it does not diminish contributory negligence and it is the responsibility of all road users to be conscious of their own safety and that of other road users.
New Priority for Pedestrians at Junctions
The second change in the Code is to Rule H2. This rule is aimed to provide further protections to pedestrians. Where previously when turning at a junction a vehicle had priority, if a pedestrian is observed to be crossing or waiting to cross a road that you are turning into you must give way and allow them to cross. Pedestrians waiting to cross a zebra crossing are also now given priority as are pedestrians and cyclists waiting to cross a parallel crossing. The Rule further enforces that pedestrians have the right of way over cyclists on shared-use cycle tracks.
Cyclists are also afforded further protections in the changes to Rule H3. When approaching a junction or changing lane motorists are advised to observe carefully for approaching cyclists and not cut across them. A clear 1.5 m safe gap is required for passing cyclists by motorists. To avoid collisions drivers are encouraged to open their door with the hand on the opposite side to the door being opened, in what is called the ‘Dutch Reach’. For example if the door is on your left hand side you should use your right hand which will cause your head to look over your shoulder and be able to observe any approaching cyclists or road users and avoid a collision.
Breaking the Rules
What happens if you break one of the rules set out within the Highway Code? The Highway Code is not in itself legislation and often may serve as guidance, whilst infringing would be committing a criminal offence.
Section 38(7) of the Road Traffic Act 1988 affirms the legal status of the Highway Code:
“ (7)A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings”.
Provisions which are legally enforceable within the Code use the wording “MUST” or “MUST NOT”, those provisions which are worded with “SHOULD” or “SHOULD NOT” act as guidance but can be used to aid in establishing liability.
As can be observed these changes are fundamentally focused on improving road safety for its users, it is important that road users work together with one another to keep roads safe and minimise risk and harm posed to one another.
Our Personal Injury department is specialised to advise and assist upon serious injury matters involving cyclists and pedestrians. Our Head of Department Greg Almond recently settled a case for damages in excess of £120,000 for a cyclist who suffered serious injury following an accident in West Bridgford, Nottingham.
Further information can be found at our Serious Personal Injury pages.
We are also able to offer advice and assistance for motorists facing alleged criminal charges and provide specialist Transport Law advice through our nationally recognized Transport Department.
