Dominic McRoberts, Trainee & Robbie Wilson, Partner – Anderson Strathern
The Highway Code is an important guide to all road users and is applicable throughout the whole of the UK. The 29th of January 2022 saw the introduction of substantial new changes to the Highway Code which have an impact on drivers, cyclists and pedestrians alike.
The first major change is to the hierarchy of road users. This now puts those most at risk to the top and those least at risk towards the bottom. The hierarchy is now as follows:
- Pedestrians
- Cyclists
- Horse riders
- Motorcyclists
- Cars
- Vans/minibuses
- Large passenger vehicles/HGVs
The changes urge all road users to be aware of the Highway Code, to be considerate of others and understand their responsibility for the safety of others. All parties are impacted when accidents occur, but these new changes put greater emphasis and responsibility on those in charge of vehicles to keep other road users safe.
Changes have also been made to who has right of way at junctions. Following the changes, drivers, motorcyclists, cyclists etc should give way to pedestrians crossing or waiting to cross a road that they might be turning into. This change will take some road users time to learn and remember as it represents a substantial change. Drivers may assume they have the right of way when turning and keep driving on when a pedestrian may be more aware of the new changes and step out into the road.
Further rules look to give better, clearer protection to cyclists and pedestrians using roads. The rules set out the new spacing that should be given to both cyclists and pedestrians when overtaking.
While overtaking drivers should:
- Leave at least 1.5 metres (5 feet) when overtaking people cycling at speeds of up to 30mph, and give them more space when overtaking at higher speeds
- Allow at least 2 metres (6.5 feet) of space and keep to a low speed when passing people walking in the road (for example, where there’s no pavement)
Cyclists may also ride in the centre of a lane or two abreast for their own safety, whilst allowing others to overtake when it is safe for them to do so.
The updates to the highway code also include a new recommended method of leaving your vehicle. This is nicknamed the ‘Dutch reach’ and encourages drivers and passengers to open their door using their hand on the opposite side to the door they are opening. For example, using their left hand to open a door on their right-hand side. This should force drivers and passengers to look behind them at any oncoming traffic before opening their door and stepping out. This change is hoped to keep those getting out a vehicle and those in oncoming traffic safer.
While some of the rules are legal requirements and are a criminal offence if they are not followed, many are just guidance. Rules that include ‘must‘ or ‘must not‘ are supported by existing laws. Those that include ‘should‘ or ‘should not‘ are only guidance but may be used in evidence to establish liability.
These new changes have only been in place since January and not all road users will be aware of them. It’s important to be aware of the changes but not be complacent in assuming all road users are up to date with the Highway Code. And as we’ll be hearing during #CBITGloWeek22 it’s still very important to be seen not hurt when out on the roads.
For more information on changes to The Highway Code visit The Highway Code (www.gov.uk)
Dom and Robbie are solicitors at Anderson Strathern, our legal support service provider in Scotland. If you’d like to know more about their work and the legal options available to you following a family member’s acquired brain injury you can contact Robbie on: robbie.wilson@andersonstrathern.co.uk or 0131 270 7941.