KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law.
CHANGES TO THE HIGHWAY CODE
On the 29th January major updates were made to the Highway Code amending rules surrounding cyclists, junctions and the ‘road hierarchy’.
All road users are expected to read and understand the new rules so we encourage all professional drivers to get a new, up to date copy of the Highway Code.
Rule H1
This new rule creates a hierarchy of road users, with the most at risk at the top and those least at risk towards the bottom:
1. Pedestrians (eg children, elderly adults, those with disabilities)
2. Cyclists 3. Horse riders 4. Motorcyclists 5. Cars/taxis 6. Vans and minibuses 7. Large passenger vehicles and HGVs
The general rules of the Code provide that those higher up the list should be given more priority.
Rule H2
States that instead of cars, pedestrians and cyclists will now have priority at junctions.
So when cars are turning left or right into junctions, pedes- trians/cyclists waiting to cross will now have priority, meaning drivers should wait.
Rule H3
Creates a number of situations where cyclists will have priority over cars.
Cyclists are now also encouraged to ride in the middle of the lane rather than on the left to make themselves more visible, and in certain situations may even occasionally ride two or three abreast.
See the following image for examples of how this will work. 82
But it is not automatic. Every case is dependant on it’s own facts, and where the defendant provides an explanation for the breach of the Code, the prosecution must disprove it if they want to secure a conviction. And there are examples of cases decided by the High Court where a defendant has been in breach of the Highway Code yet has been found not guilty.
However the safest way to avoid prosecution is to follow the Code wherever possible.
FEBRUARY 2022 Other changes
• The rules also now specifically state that drivers ought to get a good nights sleep before lengthy journeys.
• The “Dutch Reach” method is now approved. This means that when drivers and passengers are exiting a vehicle they are encouraged to open the door with their opposing hand. The idea is that this forces the person to turn their body, causing them to look over their shoulder, making motorcyclists and cyclists more visible.
• Drivers are also further reminded to leave larger gaps in icy conditions.
However, this is not an exhaustive list. For the full list of changes (and there are many) drivers ought to obtain a new, up to date copy of the Code.
Can you be prosecuted for not following the Highway Code?
Prosecutions for driving without due care and attention, an offence that carries 3-9 penalty points or a discretionary disqualification, are occasionally brought on the basis that a defendant is in breach of the Highway Code.
The test is where the standard of a person’s driving has “fallen below that of a careful and competent driver in the circumstances” and the general rule is that a defendant should be convicted if the standard of their driving has fallen foul of a rule.
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