Highway Code Changes Coming Into Force For 2022

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I suspect that for a lot of us, passing our driving test and being able to say that we had read the Highway Code was a long time ago.  If we are honest, I would assume that the numbers of us who regularly refresh memories of the rules that keep us safe on the road would be pretty low.

There are regular tweaks made to the Highway Code but in July 2020, the Government launched a Consultation to consider some major changes that would impact all road users.  These were to consider the following proposals:

  1. introducing a hierarchy of road users to ensure those who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to others;
  2. clarifying existing rules on pedestrian priority on pavements and that drivers and riders should give way to pedestrians crossing or waiting to cross the road;
  3. establishing guidance on safe passing distances and speeds when overtaking cyclists or horse riders, and ensuring they have priority at junctions when travelling straight ahead.

Nearly 21,000 responses were received and the majority of respondents were in favour of the proposals, believing that they would improve safety for cyclists, pedestrians and horse riders, the most vulnerable users of our road network.

A strong theme in many of the responses was the need to ensure that all road users know about the changes and can act on them.  I can’t speak for others, but I am not entirely sure that if I wasn’t in the job I am in then I would know about these at all.

The changes were laid before Parliament on 1st December 2021 and to limited fanfare, the changes are due to come into force on 29th January 2022.

So what are these changes? 

The new rules are referred to as Rule H1, Rule H2 and Rule H3 and can be summarised as follows.

The first significant change is that for the first time there will be a hierarchy of road users which places those road users most likely to be injured in the event of a collision at the top.  It does not remove the need for everyone to behave responsibly, but it does mean that road users that can cause the greatest harm bear the greatest responsibility to take care and reduce the danger they pose to others.

The second, Rule H2, requires drivers to give way to pedestrians at junctions they are turning into or from as well zebra, light controlled and parallel crossings.  Whilst stopping for pedestrians at zebra crossings has become the norm through culture, the rules go much further to say that you should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning.

Finally, Rule H3 requires drivers to give priority to cyclists when they are turning into or out of a junction, or changing direction or lane. Motorists and motorcyclists should not cut across cyclists when turning into or out of a junction or changing direction, giving them way even when they approach from behind. Drivers will also need to leave cyclists and motorcyclists a minimum distance of 1.5 metres if going at speeds under 30mph. For speeds higher than 30mph, the safety distance will increase to 2 metres.

Only time will tell whether these changes will make our roads safer. In 2020, 89 cyclists lost their lives on countryside roads, up 50% from 2019 which suggests our roads are becoming more dangerous. Certainly there is a job to be done in bringing these changes to the wider public, as plainly not being warned that an action is going to break a rule is never going to constitute a successful defence.

Our Personal Injury team are always on hand to discuss and advise on your personal injury claim. Call Tim Ransley and the team today on 01903 229999, email info@bennett-griffin.co.uk or use the form below and our team will be in touch.

Disclaimer: Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.