Changes to the Highway Code mean very little if they are not known or followed by motorists

In 2018 I wrote about whether the Highway Code was fit for purpose, how it should be updated and commenting on the Department for Transport’s recommended changes.

I highlighted four of the key ways in which the Highway Code could be updated for the benefit of cyclists, both to promote cycling among would-be cyclists and to improve the situation for existing cyclists.  

The Highway Code has now, of course, been updated. So I thought it might be interesting to revisit this, discuss the changes that have been made to the Highway Code, and see how things on our roads should be changing.

The assumption is that we should all be aware of the changes to the Highway Code. Sadly, a few of my own recent experiences suggest that many motorists are unaware of the changes.

> One-in-four drivers still don't know correct Highway Code rule on cyclist priority

Previously I suggested The Highway Code was long overdue an overhaul, and considered the most meaningful changes that could be made for the benefit of cyclists. I suggested that the changes would send the right messages to prospective cyclists and perhaps to improve the situation for existing cyclists.

But first, let’s look at what did change:

How was the Highway Code changed?

The Highway Code was changed on 29 January 2022. A table showing the changes to The Highway Code is available here, and you can also read this comprehensive guide to the Highway Code for cyclists that takes the recent changes into account. 

There is no substitute for reading the changes, but in my view the most interesting changes were as follows:

1) The introduction of a hierarchy of road users, where the most vulnerable road users are placed at the top of the hierarchy. 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. Prominent changes include:

• At a junction, other road users should give way to pedestrians crossing or waiting to cross a road into which or from which drivers, motorcyclists or cyclists are turning; and
• When they are turning into or out of a junction, drivers and motorcyclists should not cut across cyclists and should gave way to them. When cyclists are using a cycle lane, motorists should give way to cyclists approaching from behind and should be prepared to stop and wait for a gap in the flow of cyclists

2) The wording around recommended clothing and wearing a cycle helmet has been improved.

3) Clarification has been provided that cyclists are permitted to cycle two abreast and that it can be safer to do so, especially in larger groups. 

To avoid being struck by the doors of parked cars being opened, cyclists are advised to leave at least the width of a car door or 1m of space when passing parked vehicles.

Filtering is addressed. Cyclists are described as passing slower moving or stationary traffic on the left or right. Cyclists are advised to only pass to the left (inside) of large vehicles when they are stationary or slow moving.

There is a new rule concerning road positioning. Examples are given of situations when cyclists should ride in the centre of the lane and other situations when it might be more appropriate to stay further to the left, but not in the gutter.

Specific reference is made to motorists leaving at least 1.5m when overtaking cyclists at speeds of up to 30mph and giving them more space when overtaking at higher speeds and/or in bad weather.

The Dutch Reach is specifically recommended when doors of parked vehicles.

At the risk of repeating myself, I’ll answer here a few questions about the Highway Code that are frequently asked online:

Are cyclists allowed to overtake on the inside?

When filtering, yes. The Code confirms that cyclists can pass slower moving or stationary traffic either on the right or left.

It does make some recommendations though. One for cyclists first, stating that cyclists only pass on the left of large vehicles when they’re stationary or slow moving. But there are also some other rules for motorists, stating that they should be aware of cyclists filtering when in traffic and explaining cyclists can be difficult to see in such circumstances.

How much room do you have to give a cyclist when overtaking?

Motorists should leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and more space when overtaking at higher speeds.

Furthermore, motorists should take extra care when overtaking all other road users at night or in bad weather.

Do cars have to wait for pedestrians?

In certain circumstances, yes.

At a junction, other road users should give way to pedestrians crossing or waiting to cross a road into which or from which drivers, motorcyclists or cyclists are turning.  Pedestrian also have priority when they have already started to cross.

The Code provides further guidance to motorists who should drive ‘carefully and slowly’ when:

• needing to cross a pavement, cycle lane or cycle track; for example, to reach or leave a driveway or private access. Give way to pedestrians on the pavement and cyclists using a cycle lane or cycle track
• reversing into a side road; look all around the vehicle and give way to any pedestrians who may be crossing the road
• turning at road junctions; give way to pedestrians who are crossing or waiting to cross the road into which or from which motorists are turning
• approaching pedestrians who have started to cross the road ahead. They have priority when crossing at a junction or side road so motorists should give way

Did any of the changes discussed in my previous blog make the cut?

Generally speaking, yes. More below:

The Dutch Reach

In my previous blog I discussed the this, it’s a better way of opening a vehicle’s door by reaching across one’s body with the hand furthest from the door. This method forces the occupant of the car to turn and look behind them for cyclists before opening the door. For example, when opening the door on the right, using the left hand to open the door as it involves looking over the right shoulder, back towards any oncoming cyclists or other vehicles.

Addressing close passes

I felt that the time had come to define safe passing distances by referring to a precise distance, in metres. The police in certain regions were doing so by educating drivers as to appropriate distances. The Highway Code now states that motorists should leave at least 1.5m when overtaking a cyclist travelling at 30 mph. A greater distance should be left at higher speeds or in adverse weather.

Causative potency and victim-blaming

Generally I was advocating a move away from language that placed an emphasis on cyclists when it would be more appropriate to place the onus on motorists.

I pointed to examples within the Highway Code which unfairly placed the responsibility on cyclists e.g. to watch out for doors being opened or to be aware of traffic coming up from behind. I feel the introduction of the hierarchy is a welcome step in the right direction.

So, have things actually changed out on the roads?

I’d be interested to see whether people have noticed a difference in the last couple of years.

Personally, I haven’t, either when cycling or in the nature of personal injury claims I am instructed to pursue by injured cyclists. Mainly I think that’s because the publicity surrounding the changes was awful. It’s potentially a huge risk for cyclists and pedestrians to assume motorists are aware of the changes and they are going to give way at junctions. 

It would appear that I am not alone. In a poll by Cycleplan only 18 percent of cyclists said that they felt safer at junctions, following the changes. Probably due to the uncertainty created by assuming motorists understand the changes, 12% said that they felt junctions felt more dangerous following the changes. 70% of respondents said they had not noticed a difference.

The changes themselves mean very little if they are not known or followed by motorists. A report in 2023 for Cycling UK suggested that 25% of adults knew nothing at all about the changes. Whilst only 30% of those who were aware of the updates, and drove at least once a week, could correctly identify the overtaking guidance.

Cyclists who are injured now have a more helpful Code to which to refer when alleging negligence on the part of motorists, and that’s great for legal claims; but obviously people would rather avoid collisions and injuries altogether, which is why I think vulnerable road users are reluctant to assume motorists will be aware of the changes to the Highway Code.