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news
Cyclist in traffic (copyright Simon MacMichael)Highway Code changes aimed at protecting cyclists to become law next month
Update: We have had a huge response to this article, including many emails from people asking for clarification on Highway Code rules regarding cyclists, and we have answered the most commonly asked questions in a separate article which you will find at the link below.
> Highway Code changes: ‘What about cyclists, or do the rules not apply to them?’
The Department for Transport (DfT) yesterday laid documents before Parliament outlining proposed changes to the Highway Code aimed at protecting cyclists, pedestrians and horse riders.
Among the forthcoming changes are new guidance on safely overtaking cyclists, encouraging vehicle occupants to use the Dutch Reach technique to avoid dooring riders, and giving cyclists and pedestrians priority at junctions without traffic signals.
The new rules, which also include establishing a hierarchy of road users aimed at making the roads safer for the most vulnerable, are due to officially become part of the Highway Code next month.
They were approved by the Department for Transport (DfT) following the review of a consultation which closed earlier this year.
The rules were yesterday laid before the House of Commons and House of Lords as a Statutory Instrument so they can be scrutinised by MPs and peers, and all being well will become law and officially be added to the Highway Code after 40 parliamentary days.
Full details of all the proposed amendments can be found in this document published by the DfT, including a series of new rules prefixed with the letter H which outline the hierarchy of road users and which are shown at the end of this article.
We also show the new wordings (with revisions in italics) of the relevant parts of Rule 163, which governs overtaking, and Rule 239, which introduces the Dutch Reach technique.
Cycling UK has campaigned for the changes for a decade and Duncan Dollimore, the charity’s head of campaigns, said: “These amendments bring not just much needed clarity on key areas of reducing danger on our roads, such as safe overtaking distances of people walking, cycling or horse riding, but also through the new ‘hierarchy of road users’,” which he said “challenges the current mindset that ‘might is right’ on our roads.
“It enshrines in law the need for those who present the most risk on our roads to look out for those who are the most vulnerable. This can only make the roads safer for everyone.”
“Over 16,000 people backed the amendments Cycling UK called for when the government consulted on improving the Highway Code for vulnerable road users in 2020,” he added.
“Today we’re seeing many of these a step closer to becoming a reality, and we commend the Department for Transport for listening and making these important changes.”
Hierarchy of Road Users
The ‘Hierarchy of Road Users’ is a concept that places those road users most at risk in the event of a collision at the top of the hierarchy. The hierarchy does not remove the need for everyone to behave responsibly. The road users most likely to be injured in the event of a collision are pedestrians, cyclists, horse riders and motorcyclists, with children, older adults and disabled people being more at risk. The following H rules clarify this concept.Rule 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.
Always remember that the people you encounter may have impaired sight, hearing or mobility and that this may not be obvious.Rule H2
Rule for drivers, motorcyclists, horse drawn vehicles, horse riders and cyclists
At a junction you should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning.
You MUST give way to pedestrians on a zebra crossing, and to pedestrians and cyclists on a parallel crossing (see Rule 195).
Pedestrians have priority when on a zebra crossing, on a parallel crossing or at light controlled crossings when they have a green signal.
You should give way to pedestrians waiting to cross a zebra crossing, and to pedestrians and cyclists waiting to cross a parallel crossing.
Horse riders should also give way to pedestrians on a zebra crossing, and to pedestrians and cyclists on a parallel crossing.
Cyclists should give way to pedestrians on shared use cycle tracks and to horse riders on bridleways.
Only pedestrians may use the pavement. Pedestrians include wheelchair and mobility scooter users.
Pedestrians may use any part of the road and use cycle tracks as well as the pavement, unless there are signs prohibiting pedestrians.Rule H3
Rule for drivers and motorcyclists
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. This includes when cyclists are:
• approaching, passing or moving off from a junction
• moving past or waiting alongside stationary or slow-moving traffic
• travelling around a roundabout.Rule 163
Overtake only when it is safe and legal to do so. You should …
• stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left. Cyclists may pass slower moving or stationary traffic on their right or left and should proceed with caution as the driver may not be able to see you. Be careful about doing so, particularly on the approach to junctions, and especially when deciding whether it is safe to pass lorries or other large vehicles.
• give motorcyclists, cyclists, horse riders and horse drawn vehicles at least as much room as you would when overtaking a car (see Rules 211 to 215).
As a guide:
─ leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds
─ pass horse riders and horse-drawn vehicles at speeds under 10 mph and allow at least 2 metres of space
─ allow at least 2 metres of space and keep to a low speed when passing a pedestrian who is walking in the road (for example, where there is no pavement)
─ take extra care and give more space when overtaking motorcyclists, cyclists, horse riders, horse drawn vehicles and pedestrians in bad weather (including high winds) and at night
─ you should wait behind the motorcyclist, cyclist, horse rider, horse drawn vehicle or pedestrian and not overtake if it is unsafe or not possible to meet these clearances.Rule 239
• you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic by looking all around and using your mirrors
• where you are able to do so, you should open the door using your hand on the opposite side to the door you are opening; for example, use your left hand to open a door on your right-hand side. This will make you turn your head to look over your shoulder. You are then more likely to avoid causing injury to cyclists or motorcyclists passing you on the road, or to people on the pavement.
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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57 comments
In the interests of education what exactly does the new Highway Code say about riding two abreast?
In rule 66 (part of "Rules for cyclists"):
• be considerate of the needs of other road users when riding in groups. You can ride two abreast and it can be safer to do so, particularly in larger groups or when accompanying children or less experienced riders. Be aware of drivers behind you and allow themto overtake (for example, by moving into single file or stopping) when you feel it is safe to let them do so
And in rule 213 (Part of "Road users requiring extra care")
On narrow sections of road, on quiet roads or streets, at road junctions and in slower-moving traffic, cyclists may sometimes ride in the centre of the lane, rather than towards the side of the road. It can be safer for groups of cyclists to ride two abreast in these situations. Allow them to do so for their own safety, to ensure they can see and be seen. Cyclists are also advised to ride at least a door’s width or 1 metre from parked cars for their own safety.
Whether it is safe for a motorist to overtake a cyclist comes down to the cyclist deciding that they think it's safe and choosing to move over; there's no obligation on them to do so*.
*I could hear motorists' heads exploding all over the country when that little titbit hit the newspapers...
There are a lot of interesting points made in the the document for all road users, including cyclists and pedestrians.
The only road user group to strictly follow the highway code are equestrians.
Apart from when they can't control their horse or ride on the pavement.
Citation please
Rule 52:
Before you take a horse on to a road, you should:
- ensure all tack fits well and is in good condition
- make sure you can control the horse.
Part of the reason (apart from basic good manners) I'm always hugely cautious around equines on the road is that it is very frequently obvious that the rider is not, in fact, capable of controlling the horse.
Where are the lights and high vis for horses and riders?
And hats off to you for exercising such caution and courtesy.
But this thing about "controlling" a horse has to be seen in the context of the situation. It is a misconception to think a horse can be "controlled" in all situations, it is a prey animal, not a machine, and no amount of skill or training changes that. So if a horse is startled or feels threatened its prey reflexes kick in.
Age, experience, training and rider skill will all temper the horse's reactions. Back when more people came into contact with horses they recognised the difference in temperament between a young inexperienced filly/colt and a sedate old dobbin, and understood how to behave around them. Sadly these days some people just blame the impact of their own ignorance on the rider.
If a horse can't be controlled in all circumstances, then probably shouldn't be allowed on the public highway Who are these "people came into contact with horses they recognised the difference in temperament between a young inexperienced filly/colt and a sedate old dobbin," What specific training did they have and what % of the population did they represent ? And what decade or century is this ?
Well, cars can't always be controlled in all circumstances (e.g. ice, mechanical failure, lack of driver focus) so let's scrap them too.
First they came for the horse riders. Not only did I do nothing, I actually joined in...
If cyclists can not recognise the common cause of everybody in the saddle then they are fools.
As to recognising equine temperament, maybe take inspiration from the popular notion that the driving licence should be contingent upon having some cycling proficiency - get yourself some riding lessons and experience at the stables, you clearly need some.
I don't need riding lessons as I don't intend to ride a horse.
I have read countless stories of horses being scared by the most trivial things despite people's care around them. I can read all the theory and have lessons but that won't stop a horse from bolting as you noted from your previous description of them.
Not always the ones towing horse boxes though.
It concerns me that, by moving to colloquialisms, the Highweay Code introduces vagueness and confusion in some instances.
The pavement (more properly, the footway) is also part of the road, just not the carriageway. So, in the terms of the new rule, cars should pass pedestrians on the footway at a low speed (which does make sense, it's just not what was intended).
Before anybody suggests that 'we know what we mean by "in the road"', let's realise that any time we refer to 'road' when we mean 'carriageway', we reinforce the idea that people not in the carriageway are somehow not road users, or are less entitled to consideration.
Hopefully this introduction of "Hierarchy of Road Users" to the HC will have a knock on effect as to how crash investigations are undertaken ie looking at the incident from the pov of the cyclist not the poor time starved/must get in front driver (pp&ppppp as the army used to say)
Also will it not open the door for reforms to insurance and automatic liability in the case of an RTC.
Let's hope so.
Overall these are sensible changes which should make it easier to prosecute drivers who put cyclists at risk.
There are areas that aren't perfect but it's definitely several steps in the right direction.
Kudos to the DfT.
Indeed. But in practice, it will remain for the vulnerable road user to exercise all the caution, which in turn will mean that the motorists will not change behaviour.
When you first drive in a foreign country, you tend to treat junctions with great caution and hesitancy, since you are unfamiliar with the rules. There is no substitute for going slowly and looking everywhere.
But strangely, changing the rules here won't generate the same sense of caution, albeit the rules are just as new and unfamiliar as abroad. And the more cyclists accommodate the drivers (for the preservation of life) the more drivers won't feel the pressure to adapt to the new rules.
Unfortunately basic physics means that the danger will always be to the vulnerable road user.
All the law can do is to increase the legal consequences for the driver. These changes help to get us closer to that.
We just need some new sentencing guidelines now...
I must get some of your optimism - or maybe stop reading what wtjs posts. Or alternatively are you slyly suggesting that "make it easier to prosecute drivers..." is missing a "...if they bother bringing charges"?
Agree this is sensible. Read the draft changes and I'm pleased about the mentions of "hierarchy of users". Unfortunately there doesn't actually seem to be much (any?) new enforceable stuff here - it's all "should" rather than "must". Maybe they're saving it for that review that's supposed to be happening... The guidance (again "should") on cyclist priority when going straight on at junctions (H3) is certainly nice, but... Just for perspective here's a rather old video of what we actually want for safe cycling for everyone at junctions rather than guidance. Yes I know that was about designs not law or the highway code...
So overall more of a "lean" in the right direction than an actual step. Preparing for a step? Possibly good for improving awareness in learner drivers and it removes some obvious fudge from the
rulesguidelines.Generally the CPS only charge if they believe there's a 60%+ chance of securing a conviction.
This updated guidance will, hopefully, put many more instances of dangerous driving over that, admittedly arbitrary, threshold.
I hope so but I'm just concerned we regularly choose to "improve" things with wording ("guidance", not "rules") which is not just arbitrary but wooly or subjective. "Weasel words" if you will.
I don't see how it will make a difference when
a) juries are largely drivers
b) most drivers will not read the revised highwy code
c) judges can often instruct juries to consider their own
prejudicesexperience of being a careful and competant driver, above what is actually written in the code.Doesn't a must/must not in the code reflect where there is already legislation on an issue. So reflecting the legal requirements, rather than setting out how people should behave.
That was kind of my point. I know the code isn't the law ("more of what you'd call 'guidelines' than actual rules"). I'm very happy that there's more "cycling" in it. But when people say "great - that'll solve it" or - to be fair to rich_cb - "make it easier to prosecute drivers who put cyclists at risk" I think it's clear that this by itself won't. And it actually does very little overall.
Meta-issue: yes you could say it's a "first step". But (totally confusing metaphors) we've been taking baby shuffles for decades ("encouraging active transport" - with minimal money or change) while waving through the motor traffic.
The UK has a particular "laissez faire" tradition towards the bad as well as the merely different. It's being proud of our empathy with the victims but not really punishing the perpetrators. Admiring our perceptiveness in identifying an issue - and then doing very little that is effective about it.
And that'll set the cat among the top-ranked pigeons!
Especially in Sheffield, as I recall from that video t'other week...
and will be actually followed by most road users some time in the 2030s...
You may have confused this with "never" having listened to similar dates being discussed at COP26.
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