Sunday 9 January 2022

The car is no longer king of the road under government's new safety rules to benefit cyclists

 

MAJOR changes in the Highway Code announced this month should end the hostile road environment where motor vehicles charge about with impunity expecting pedestrians, cyclists  and horse riders to make way.




Now the greater weight of responsibility for safety is to rest on the shoulders of drivers to look out for vulnerable road users and take greater care in overtaking and turning and on the approach to crossings.

Shifting the greater responsibility to drivers recognizes at last the disproportionate consequences caused in collisions between a ton weight of metal and the flesh and blood pedestrian, cyclist, motor cyclist and horse and rider.

For even when driven carefully, the high tempo of traffic, greater power and acceleration poses a threat to cyclists who might feel safer taking their chance riding through the lion enclosure of a safari park.

The changes ought to lead to a general slowing down of traffic!  But best not count on it on roads specifically designed to be taken speedily in vehicles designed to go ever quicker.

Those shaved corners have also contributed to the unease of pedestrians, as vehicles need hardly slow down when making a turn.

Although there has been a largely positive response from the cycling and motoring organisations to the changes, the concern is how will they be conveyed to the public who only read the Highway Code in preparation for taking a driving test?

It's not exactly a best seller!

Britain’s national cycling organisation, Cycling UK campaigned for these changes and now is urging the government to ensure the British public get the message, saying “now is the time to right the misunderstanding on our roads.”

Duncan Dollimore, Cycling UK’s head of campaigns said:

“Cycling UK is concerned the forthcoming improvements to road safety outlined in the latest revision of the Highway Code, which will benefit everyone, are not being communicated through official channels. In a month’s time, our Highway Code should change for the better, but these changes will be of limited benefit if the public aren’t aware of them.”

Just as drivers will have a greater responsibility to look for people cycling, walking or riding a horse, so too will cyclists have a greater responsibility to look out for pedestrians on pavements and shared paths.

Some key amendments to benefit cyclists in the new Highway Code include:

Ok, although this illustration has the guys driving on the "wrong side", it illustrates the point - drivers must give a wide berth when overtaking cyclists. 

·         
Clearer guidance for drivers overtaking cyclists,  giving them at least 1.5m.

·          Guidance on how drivers and passengers can prevent ‘car-dooring’ cyclists by using the Dutch Reach – Which means if the door is on your left reaching for it with your right arm, so making you turn, the easier to look behind!  And of course, the left arm if the door is on your right.

·          At non-signalised junctions drivers must be prepared to give way to pedestrians and cyclists and so prevent “left-hook” collisions, bringing Britain in line with similar laws on the European continent.

Dollimore says when passed, the Highway Code update will include a new hierarchy of road user. For the first time in Britain the law will recognise that those who pose the greatest risk on our roads to others have a higher level of responsibility. This means someone cycling will have greater responsibility to look out for people walking – including on shared paths - and waiting to cross, while someone driving would have greater responsibility to look out for people cycling, walking or riding a horse.

Cycling UK are right to be concerned that people will actually take the trouble to read up on these vitally important changes which otherwise have the potential to lead to confusion among road users who are not briefed.

Leaflets explaining the changes need to be placed under windscreen wipers of every parked vehicle and/or, posted to every address in the land.

Currently, drivers are only required to give way when someone steps onto a crossing, while pedestrians are told they shouldn’t start to cross until vehicles on the road have stopped.

This will now change, drivers seeing a pedestrian waiting must be prepared to give way to allow them to cross.

The updated Code will also give cyclists priority at junctions when travelling straight ahead, as well as issue guidance on safe passing distances and speeds.

The changes are part of a new cycling and walking strategy  unveiled by Transport Secretary Grant Shapps, who was due to announce  a £338million package to boost both across the country. 

Announcing the changes,  Schapps said:

“Millions of us have found over the past year how cycling and walking are great ways to stay fit, ease congestion on the roads and do your bit for the environment.

“As we build back greener from the pandemic, we’re determined to keep that trend going by making active travel easier and safer for everyone.”

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As I understand it, the rules of the Highway Code are advisory which means a person won’t face prosecution for not complying with them.

However, if the highway code is used in court to establish liability in the event of an accident under the Road Traffic Act, and you are found to be at fault as a result of not complying with the Highway Code, you may face charges. 

2 comments:

  1. I think the new 'hierarchy' might be useful if you were suing a motorist for damages for negligence in a civil action but there doesn't seem to be any special reason to think there will be much effect on the criminal law. Unfortunately many magistrates are car drivers, few are cyclists.

    In any case, as Keith implies, these changes won't be any help unless there is an effective publicity campaign to make drivers aware of their new responsibilities.

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  2. Above comment is by Chris Lovibond.

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