CHANGES TO THE HIGHWAY CODE: WHERE TO FIND THEM AND WHY THEY ARE IMPORTANT TO LAWYERS (APART FROM THE FACT THAT LAWYERS, WALK, DRIVE AND RIDE LIKE EVERYONE ELSE?)

The Highway Code is changing on the 29th January 2022.   This has some relevance to lawyers. Here we look at the importance of the Highway Code, the significant changes, with links as to where to find the new rules and guidance.

 

THE RELEVANCE OF THE HIGHWAY CODE IN COURT

Section 38(7) of the Road Traffic Act 1988 sets out the legal relevance of the Highway Code.

 

(7)A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

THE HIGHWAY CODE IS CHANGING

A useful list of deletions (in yellow) and new text (in grey) can be found here. 

THE KEY PART: THE HIERACHY OF ROAD USERS

The major innovation is the concept of a “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

USEFUL LINKS