Motorists are demoted below pedestrians and cyclists in the road user hierarchy of the new Highway Code. Mark Bursa explains

Motorists are demoted below pedestrians and cyclists in the road user hierarchy of the new Highway Code. Mark Bursa explains

Two wheels good, two legs better

SIGNIFICANT CHANGES TO THE “RULES OF THE road” came into force on Saturday, January 29, when a major update to the Highway Code went live.

The changes are significant, and mean that behaviour and priorities that drivers have taken for granted over many years have been turned on their head. The changes are “advisory”, so failing to obey them will not lead to prosecutions, fines or points on your licence. “Non-compliance will not result in a fine,” the Department for Transport confirmed.

But they mean other road users – especially pedestrians and cyclists – will expect to be treated differently, so it’s best to understand the changes to avoid road rage incidents, or worse, inadvertently causing collisions or injuries because you’re not doing what someone else will now expect you to do.

At the heart of the changes is a new hierarchy of road users. The motorist has been relegated in the pecking order of road users, with pedestrians promoted to the top of the pile, followed by cyclists, horse riders and motorcyclists – then car drivers.

The idea behind the new hierarchy is that with motorists have the greatest potential to harm other road users, thus they should have the greatest responsibility to reduce the danger they pose to others.

That’s a noble aim – but looking at some of the changes, it’s clear that there is potential for, in the short term at least, an increase in accidents, not the hoped-for reduction.

For example, drivers turning into a side road from a main road should now give way to any pedestrians waiting to cross the side road. Previously, the pedestrian should wait until the car has turned before carrying on along the pavement, unless the pedestrian had already started to cross.

The new rules mean pedestrians now have priority if they have started to cross the road or not.

What this means is a car may now have to stop on a busy main road before it can turn off – and that leaves the stationary vehicle vulnerable to a rearend shunt if following vehicles are too close, or travelling too fast. And if you run into the back of a car that’s turning, it’s your fault.

So it’s important to be aware of pedestrian behaviour. What looks like jaywalking is now the pedestrian’s right of way.

The changes have inevitably stirred up a hornet’s nest of opinions on social media – cyclists and motorists are not happy bedfellows in the UK, unlike in other European nations such as the Netherlands or Denmark, where two wheels and four happily coexist in calm harmony.

So it’s probably best to avoid the Twitterati, and instead listen to calmer voices, such as the motoring associations, which have welcomed the changes.

RAC’s Nicholas Lye said the changes “should make the roads safer for the most vulnerable road users, in particular those walking and cycling”. And AA president Edmund King said: “The changes are a reminder that all road users have a responsibility to look after one another.”

King added that more people cycling had “transformed road use to some extent” and that the Highway Code needed to be updated to reflect that. Within the Highway Code there are eight major changes. As well as the extra priority for pedestrians, cyclists get more too. Cyclists traveling straight ahead at junctions have priority over motorists who might be turning. So if there is a cyclist waiting at lights on the inside of the road and looking to go straight ahead while a motorist is looking to turn left, you must let the cyclist proceed before starting to turn.

Cyclists are one of the prime beneficiaries of the changes, and with good reason. The increase in cycling’s popularity has led to an increase in serious injuries.

In the past 5 years, serious injuries to cyclists in collisions with vehicles rose by 26%. According to data from Merlin Cycles, the evening rush hour is when cyclists are most commonly injured on roads. Serious injuries are more likely to happen on urban roads, but fatalities more commonly happen in rural areas. And a staggering 38% of all cyclist casualties happen at staggered junctions.

“Out of 11,348 incidents the top-reported contributory factor was a road-user, ‘failing to look properly,” said Rick Robson of Merlin Cycles. A total of 3,782 pedal cyclists were seriously injured. “Not performing the necessary checks before a manoeuvre means that it’s easy for drivers to fail to spot an approaching bike rider,” he added.

New hierarchy of priority on UK roads

1. Pedestrians 2. Cyclists 3. Horse riders 4. Motorcyclists 5. Cars/taxis 6. Vans/minibuses 7. Buses/trucks

The most contentious changes are advice to cyclists to ride toward the middle of the road rather than close to the pavement, as well as new advice about riding two abreast.

The new guidance to cyclists is that they should ride in the centre of a lane on quieter roads, in slower-moving traffic, and at the approach to junctions in order to make themselves as clearly visible as possible.

Two-abreast riding was previously discouraged. The previous Highway Code Rule 66 stated: “You should… never ride more than two abreast, and ride in single file on narrow or busy roads and when riding round bends.”

But the new rule says cyclists “can ride 2 abreast” and that “it can be safer… to do so, particularly in larger groups or when accompanying children or less experienced riders.”

This is not carte blanche for cyclists to hold up the traffic indefinitely. The Highway Code goes on to state: “People cycling are asked to be aware of people driving behind them and allow them to overtake (for example, by moving into single file or stopping) when it’s safe to do so.”

This “when it’s safe to do so” is up to cyclists to determine – and this is where there is a potential flashpoint between cyclists and motorists, if cyclists believe they can remain in the centre of the lane indefinitely.

These aspects of the changes have provoked the angriest responses. Howard Cox, co-founder of FairFuel UK, said: “These new rules will put lives at risk rather than make our roads safer. The guidance that drivers should keep a minimum of 1.5m from a cyclist when overtaking doesn’t take account of speed and conditions. If the traffic is slow, a distance of 1m is safe. At 60mph, it is not.”

He continued: “Advising cyclists to go into the middle of the road doesn’t make any sense. It will result in road rage and more exhaust emissions as a result of cars sitting behind them in queues of congestion.”

The government has recognised this – in a consultation document, released last year, it said that some respondents felt that this change “would encourage cyclists to hog the road and that they should stay on the left for their own safety”.

The consultation concluded that “it is vital that the changes are communicated to drivers so cyclists do not face intimidation and aggression from drivers who wrongly perceive them as impeding traffic flow or being obstructive”.

Other changes involve the clearance motorists should give when overtaking. Motorists should leave 2m of space when overtaking “people walking in the road” and 1.5m when overtaking cyclists travelling at up to 30mph, while giving them more space when overtaking at higher speeds.”

Motorists will now be able to cross the doublewhite line in order to overtake someone cycling or riding a horse, but only if they are travelling at 10mph or less. Otherwise, the advice is “wait behind and do not overtake”.

The DfT is planning a £500,000 public awareness campaign, but with typical inefficiency, that had not started even though the new rules were already in place, ahead of the publication of the hard copy version of the new Highway Code (it is available already online). Some publicity would be timely: a January 2022 AA survey of more than 13,700 drivers showed that 33% were unaware of the changes.”

Meanwhile, our advice is to remain calm, and be more aware of what’s going on around your vehicle. Make sure you perform the necessary checks before a manoeuvre to make sure you notice a bike rider or pedestrian. So always check blind spots, slow down and always signal when turning. Carry out a thorough traffic check - including the pavement.

If the driver spots a cyclist approaching, or a pedestrian crossing a side street, they should never assume that the person will stop and let them turn. The safest course of action to prevent a crash is for the driver to come to a complete stop.

Finally, another common cause of collision is drivers opening their car door into the path of a cyclist. The AA has reported that more than 700 cyclists have been injured, and two killed, by car doors being opened by negligent drivers. This sudden obstacle is nearly impossible for cyclists to avoid and can cause serious injury.

Motorists should always check their door mirror or look over their shoulder before exiting the vehicle. Using the “Dutch reach”, where you use your hand furthest from the door handle to open the door, is advised, as it forces your head to turn and makes it more likely that you will see a cyclist approaching from behind the car.

You may disagree with the changes, but bear in mind you’re not likely to come off worse in a collision with a cyclist or a pedestrian. That’s why the changes are being made, so make sure you’re aware of them.