You may be familiar with the 'who was in the right?' tabloid headlines that will often accompany a video published on certain media outlets' websites, usually depicting a situation where a cyclist will be categorically in the right but gets hit by a driver categorically in the wrong, and yet the question is still asked.
Well, we've got a Highway Code-related (thankfully crash free) one of our own for the Thursday live blog, Greg N whose London cycling videos have featured regularly on road.cc in recent times, asking his social media followers for Highway Code answers to the question: "So who should be giving way to who here?"
"So who should be giving way to who here?" he asked. "This truck driver said he saw me as he was already halfway turning across Cycleway 4. It's my understanding from the Highway Code rule H3 that just because you're in a truck it doesn't exempt you from stopping and waiting..."
So, what does the Highway Code say?
Greg refers to the newly introduced sections (which came into effect at the start of 2022) outlining the "hierarchy of road users". Brought in to protect vulnerable road users, the hierarchy is "a concept that places those road users most at risk in the event of a collision at the top of the hierarchy".
As per H1:
It is important that ALL road users are aware of The Highway Code, are considerate to other road users and understand their responsibility for the safety of others.
Everyone suffers when road collisions occur, whether they are physically injured or not. But those in charge of vehicles that can cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others. This principle applies most strongly to drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis and motorcycles.
Cyclists, horse riders and drivers of horse drawn vehicles likewise have a responsibility to reduce danger to pedestrians.
None of this detracts from the responsibility of ALL road users, including pedestrians, cyclists and horse riders, to have regard for their own and other road users' safety.
And even more to the point, H3:
You should not cut across cyclists, horse riders or horse drawn vehicles going ahead when you are turning into or out of a junction or changing direction or lane, just as you would not turn across the path of another motor vehicle. This applies whether they are using a cycle lane, a cycle track, or riding ahead on the road and you should give way to them.
Do not turn at a junction if to do so would cause the cyclist, horse rider or horse drawn vehicle going straight ahead to stop or swerve.
You should stop and wait for a safe gap in the flow of cyclists if necessary.
"Wait for the cyclist to pass the junction before turning. This also applies if there is a cycle lane or cycle track and if you are turning right or left into the junction," the Highway Code states.
Perhaps it should not be a surprise that the Highway Code changes of 2022 are not as well known by the wider public as we would all like, Cycling UK at the time of their introduction calling for a long-term public awareness campaign to help produce a "mindset shift" on British roads.
> The Highway Code for cyclists — all the rules you need to know for riding on the road explained
"We've seen the public's attitude shift on seat belt use and drink driving. This shows entrenched driving behaviour can change. The new Highway Code requires a similar shift, and it can happen again but not overnight," head of campaigns Duncan Dollimore said as the changes came into effect. "To make our roads safer for everyone, the government must be looking in terms of years not months to communicate and eventually enforce these changes."
And since their introduction repeat surveys have found a significant amount of people are still unaware of changes, research in September suggesting one in four drivers still don't know correct rule on cyclist priority.
The mixed nature of the reactions from road users to Greg's videos suggests we could all benefit from some clarity and widespread education on the matter...
"It's unreasonable to expect the lorry driver to wait for a cyclist that's really quite far away. This is unhelpful, we must all share the road. I’m one to call out bad driving, this in my opinion wasn't."
"It is astounding that you are asking that question. A lorry getting into a tight turn to make a delivery, and you expect it to evaporate? Bizarre."
"You observed him indicating from half a mile back and you accelerated into it, which tells us plenty."
"The road area is separate. He was already on it, you have to slow and give way. Second you saw it a mile off and could have slowed. Why didn't you."
Regardless of what you'd have done in this situation, some more information communicated to the public about the Highway Code changes can't be a bad thing. As ever get in the comments with your thoughts...
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86 comments
No matter what answers you get from the highway code you won't get the cops to enforce them as their too busy breaking it themselves . Have you heard of the new emergence call system , for fire and ambulance call 999 for police call your nearest doughnut shop you will find them there parked high on the pavement over the wheelchair crossing point after going through a bus only entry point to get there and leaving through a no left turn . I have actually been trapped in a Greggs by a police car parked so close to the doors I couldn't get out , doughnuts rule
If this situation had resulted in a collision, the fact that the cyclist appears to have been listening to music as they rode along would have been a contributing factor in causing the collision.
You are beginning to look very much like a vexatious/contrarian troll, the cyclist has music playing from an external speaker (something of which I personally don't approve but there we are) and this could not possibly have contributed to any collision in any way at all. Please stop talking nonsense.
Really straightforward. If you look at the movement of the hgv it pauses before the give way line, and then decides to go for it. Driver just needs a bit more training to avoid the mistake. Cyclist would have been safer slowing and stopping (defensive riding) as the driver has quite a complex situation to deal with. Bit more training for the cyclist would have avoided the confrontation.
Cyclist has priority, and if they don't know that, it's very worrying! When they shout about "new rule" etc that's actually incorrect to the situation. And, the HC changes are in the main 'clarifications'.
Agree with most, but the point of the "bend cycle path away from main road" design is to reduce complexity e.g. drivers turning into the side road deal with that manouever, then there is a space where they can pause while they then deal with any crossing cyclists / pedestrians.
Obviously massive lorries are going to fill space wherever - but the driver still has two different points where they interact with different modes.
Having said this though I think I've identified the spot on streetview - Evelyn Street / Prince Street. And I think it's a case of "actually the Dutch wouldn't do a junction like this". I've not seen any examples of Dutch mini-roundabouts (which doesn't mean they don't exist somewhere of course...).
Not sure what they would do there - possibly squeeze in an actual Dutch roundabout with separate radial cycle path, but space looks tight here? Perhaps there would be no entry to the side street for motor vehicles here (making a LTN)?
If not I suspect the side street at least (because street) would have a continous footway / cycle path across it (so no bend in the cycle path). But again - it's very close to that mini-roundabout. Indeed - so close the "waiting area" off the roundabout before the cycle path seems too small here. Further details: the cycle track part is not right - the blue colour should continue all along the cycle track not just appear at the junctions. The entrance for motor vehicles seems too wide.
The fact that the whole debate kicked off shows the need for it (e.g. a large number of people have no idea about junctions...). And even this flawed implementation has done its job here as the cyclist could see the driver failing to stop and there was space and time to fix that!
The lorry driver should have given way.
On the video it's eight seconds from the lorry indicating to the cyclist reaching the junction, so apparently the cyclist is travelling at 225 mph.
Somebody on Twitter helpfully posted the exact law on this, from The Traffic Signs Regulations and General Directions 2002 (https://www.legislation.gov.uk/en/uksi/2002/3113/regulation/25/made?view...)
(Emphasis mine)
There we have it, nothing about whether the vehicle has started to turn, what speed the cyclist is going, whether the vehicle will hold up other vehicles by stopping: a driver must not drive over the give way lines if doing so will make a cyclist change speed or course.
Problem is ...
Most drivers only read the Highway Code once - and that's only to pass the driving test.
How many drivers will be aware of and have knowledge of the Traffic Signs [etc] Act or any of the other Acts such as Construction and Use, Road Traffic etc ... and I bet even less care.
As cyclists, we can claim the legal right as much as we want ... and all that will happen is the media will attempt to undermine it, and place a *perception* that we're just being difficult and entitled.
I'm [thankfully] not on Shitter - but I can imagine the sheer >quality< of comments regarding this incident.
This is exactly why I believe warning letters with the threat of action for repeat behaviour would be so effective. I can't imagine it would be expensive for someone to enter a little data into a system, after watching a video submitted by a member of the public, with the rest of the process automated. You wouldn't need to identify the driver, for example, the letter would go to the registered keeper and it would be in their interest to alert the person driving if it wasn't them. The same goes for close passes and a whole load of other driving behaviours around vulnerable road users. The word would soon get around as people complained to their friends about getting a warning for "doing nothing wrong".
It would of course depend on the staff viewing the video knowing the rules of the road, both law and the highway code, and I'm beginning to wonder if this would be an impossible training task looking at the low base you would have to start with if the comments on twitter, and some on here, are representative.
Even so, when did the appearance or meaning of a Give Way line last undergo a change? This isn't some obscure hinterland of the Highway Code. The driver knew perfectly well.
You only have to watch an episode or two of any shitdriverUKDashCam YouTube channel to see that plenty of drivers think that 'Give Way' is a guidance that excludes them.
The same applies to:
and a plethora of others. It seems that the Highway Code can be ignored once you've passed your driving test, it's the "My (right of) Way Code, shithead". And the larger the vehicle the stronger this assertion is made.
And why do manufacturers still bother to fit indicators?
It's bad, but I'm fighting the fight, if only because all the people vehemently defending the right of the driver to break the law with increasingly bizarre lines of argument* all now know that the rule exists.
As cyclists, I believe it is important to lean on the legal support we have, not for the immediate instance, but for the next time.
For example, I think that most motorists now acknowledge and abide by the 1.5m rule. That's the result of videos, shouting and fist waving and Twitter arguments and good motorists setting examples more than motorists reading the HWC.
*My favourite: as I am not an HGV driver, I cannot possibly understand just how difficult it is to bring an unloaded artic to a halt from walking pace so abiding by the law was impossible.
I think that most motorists now acknowledge and abide by the 1.5m rule
They may do where you are, but they definitely don't in many other areas. In Lancashire, if you're cycling at times where there's a lot of oncoming traffic, most passes are like these where they remain completely in the left lane- either because of the oncoming vehicles or just because turning the steering wheel is such an effort (for comparison with your own areas, you can see the state of the roads in the centre of a small market town in Lancashire)
https://upride.cc/incident/wu11zmv_volvo_closepass/
https://upride.cc/incident/ao66hvm_discovery_closepass/
https://upride.cc/incident/pg02ljl_mini_closepass/
And quite a lot are like these
https://upride.cc/incident/yt08oov_peugeot207_closepass/
https://upride.cc/incident/kp72wmm_kia_closepass/
https://upride.cc/incident/po22yxa_hrv_closepass/
https://upride.cc/incident/gk68uzv_peugeotboxer_closepass/
Keep fighting ... I'm fighting at my end too.
Something is working - I seem to have less incidents where I'm reaching for the Lock button to save the video for later.
Either that, or I've become more blasé about the whole thing and driving that was unacceptable to me 12 months ago is now more of a 'meh'.
With regards to that particular truck at walking speed ... *providing* it's been well looked after, it would probably stop in the same - if not less - distance that your bike would take.
The main risk is the angle of the trailer pushing the tractor unit to the side. Less of an issue with flat-beds, but can be problematic with curtainsiders and other high trailers.
I'd suggest that it is "some motorists now acknowledge and abide by the 1.5m rule." Certainly not "most", even yet.
That's for where the give way lines are set back from the main carriageway/cycle track, hence the word 'advanced'. Doesn't apply here.
Except for the fact that the give way lines are totally set back from the main carriageway, of course. It is blindingly obvious that the cycle lane curves away from the line of the main carriageway to cross the junction and that the give way lines are set back a good three or four metres from that line.
The give ways are not set back from the junction. The give way lines are not set back from the cycle track. I don't know the location but it looks like an old-fashioned scissor junction that has been re-designed to incorporate a segregated cycle route to reduce accidents. So rather than crossing at an angle the vehicles are turned to a 90deg position in relation to the cycle track, but that position is only obtained in the last 15m. So it's easy to see how there's still potential conflict, and it would have been better to replace the give way line with a stop line. However, councils tend to do that retrospectively. So if the cyclist really wanted kudos petition the council for lights / or a stop line because sooner or later a cyclist will get killed on that junction.
I don't really know how to respond to that except to say you are totally wrong. I happen to know this route quite well, here is a picture of the junction from the other side, you will observe the give way lines that are quite clearly set back from the junction.
TBF, learn something new, to find that there is explicit law that has existed for over 20 years. Great catch.
Every day before I cycle anywhere I check my highway code book. And every day I'm taken by suprise by people when aren't following it or agreeing with my interpretation of it. I shout at lots of drivers and pedestrians and sometimes get video which we can all rage about.
Welcome back nic.
The rantyhighwayman has spoken though
"Counterpoint: the road layout made this just an annoying interaction and contributed to a bit of "who's to blame" clickbait rather than ending with anyone squashed.
High-five to the designer."
You're the feller who thinks it's OK to drive round the wrong side of a roundabout if you decide the roundabout's pointless, aren't you?
I think there is an aspect to the Lorry Turning debate that hasn't properly been covered here so far.
Quite a bit of the Twitterati are incensed that the cyclist didn't observe the likely conflict and concede accordingly, suggesting he was being a dick about it. Perhaps he was.
The problem is, that cycleway is designed to encourage anyone to cycle along it and that conflict will arise in the future with other users. By arguing that cyclists should ignore the marked priority and defer to road users where there is conflict, it is accepting that road users have an implicit priority over the marked priority. That might work in a mature adult world (though the reality is that variable rules mean that there will be misinterpretation and misinterpretation leads to accidents and conflict) but that is not the set of users being targeted.
Let's imagine though that the cyclist was a 14 year old lad pounding his way to school. Are we expecting a 14 year old to be using that lane? Absolutely. Are we expecting them to be experts at assessing road conditions on some unrelated bit of tarmac while riding along a cycle lane which is fully continuous? I think not.
Similarly, we might have a couple of mates chatting away on hire bikes merrily riding along. They look ahead and see a continuous path, are they going to be thinking about stopping - the road is telling them to carry on? What is the mental trigger that they should be changing modes from riding along a protected lane to thinking about giving way to motorists? Is it a requirement to use this cycleway that instead of enjoying its protection, the riders have to attend to what is going on on roads that don't even intersect with the cycleway?
Similarly, we might have a commuter, such as the one being considered in the current trial of the HGV driver, who interprets the road and acts reasonably according to the markings, not considering an HGV driver might do something unpredictable.
The reality is that the conflict was predictable for the lorry driver. It's hard to see from the video but I think there is an advanced notice warning of the cycle lane give way. Apparently there is a roundabout, but it is not clear on the video (anyone got a Streetview link or similar?). For every one of the Twitter posts that say that the cyclist should be planning ahead, clearly, the lorry driver should have been assessing that they were going to conflict with the cycle lane and been prepared to stop, especially if they were not SURE the lane was clear because the lorry driver must not assume any level of competence from the cyclists who after all are not required to be licensed road users and are not required to have a level of competence and, of course, are entitled to their priority at that junction, which includes all the time it takes for the driver's trailer to clear that crossing. The driver is entitled to proceed only when the lane is clear or if the cyclist, recognising the potential hazerd of an HGV in an inappropriate location makes a clear indication that they are going to forfeit their priority. However, in this case, if the HGV had properly stopped (hardly a challenge in an empty HGV) that cyclist would have popped across his nose with a cheery wave in a couple of seconds and the total delay would have been minimised across all road users. The HGV driver must account for themselves being in an inappropriate location and give extra deference to other road users, rather than demand extra tolerance due their inappropriate vehicle - that is the clear requirement of the Highway Code.
Final thought, why on earth are full sized HGVs wandering around apparently residential streets at will in the first place? The junction has been designed considering typical users. HGVs should be using extra care, and unless absolutely essential, companies should not be using full sized vehicles in urban environments. We should not be tolerating the increased danger for the sake of efficiency. I suspect this was a building materials lorry, perhaps returning to depot (why through back streets rather than main roads?). I doubt it would ever be hauling full length loads, the crane suggests it is moving palleted goods which suggests the supplier does not need to use full length load beds, they just choose to for economy at the cost to other road users.
I agree with the entirety of your post but especially this, my first thought when I saw it on Twitter and clocked the timestamp as 8.20AM was what was an unladen HGV doing turning into a narrow residential street at that time? Lots of carbrains on Twitter ranting "if that driver had to wait for everybody he would never make the turn", well you know what one funny old trick to not being stuck on a narrow road at rush hour might be...
WRT the residential roads;
It is one good reason the hgv blocking the mini roundabout to yield to the cycle lane shouldn't be a problem - hgv's here should be rare so it won't happen very often.
The only alternative junction design I can see that works is lights (cars can get round the junction too fast from behind for cyclists to yield). But lights replace waiting for a truck yielding once in a blue moon with waiting for lights every few minutes...
My neighbours run a conservatory building business from their house in a residential area of Southampton. HGVs are common.
I don't know the law or who has priority, but I know for sure that when if I saw the lorry signalling I would have started to slow down immediately and therefore would have plenty of further braking space should the lorry have proceeded across the junction, especially so as it was raining.
As a matter of course, I always give way/slow down/allow to pass, vans, trucks and lorries on the assumption their drivers may have other things on their minds, a defensive mindset I know, but that's my way of dealing with these issues.
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