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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Fixed it
"Additional new bike bollard combination stands at Old Street station. However, it's impossible to fit a standard bike frame parallel to the stand. Who designs this rubbish?"
https://twitter.com/BobFromAccounts/status/1742881962187018322
The cyclist has right of way but the junction design is very poor - I haven't driven a vehicle that big but navigating the mess of infrastructure with a slow / long vehicle is probably quite challenging.
Why do you think the design is poor?
The design is new. And it doesn't prioritise motor traffic over everything (what we're used to even if we never drive).
For me, it's really clear that you are supposed to give way - there are give way marks on the road, the crossing point is set back (so there's some waiting space for a motor vehicle of the main road lanes), the road is raised to the height of the cycle path at the crossing (effectively you're driving "up over the pavement" - another cue this is "not your space" as a driver), the cycle path is "continous"... Albeit they haven't got this quite right, the surface colour - blue, if using that - should continue all the way along the cycle path to show that nothing changes if you're cycling here e.g. you have priority. They also should probably continue the footway across here also.
Works all over NL. Our problem is simply that we all need to learn this, and as usual there are no teachers - since we only do a driving test once a lifetime and then most people ignore the few adverts about changes thereafter...
Long / slow vehicle makes no difference. Have a look at this article: the video shows a (small) truck using one of these, albeit it's a near-side turn and there aren't traffic lights.
Re who has priority. I'll take it for granted that we all agree the lorry should give way. The problem is that many, including the lorry driver, don't. In my opinion this is an ideal situation for this to be reported to the police who should issue a warning to the driver, any repeat should be treated more seriously. The problem here is not the fact that the driver failed to give way the problem is that he thinks he is in the right.
It seems to me that most cycle lanes are for cylists who prioritise their own safety over speed of travel. If I want to prioritise speed over safety I will generally use the road. At this point I have two problems. Obviously I am more at risk from drivers who either don't know the highway code or who choose to ignore it. The second is that drivers think I should be in the cycle lane, and some don't take kindly to this, putting me at risk of punishment passes etc.
Drivers need to realise that if they want us in a cyle lane they need to obey the rules of the road and give way where they are supposed to. They can't have it both ways.
I agree with the meaning but pedantically - this isn't a cycle lane - it's a separate cycle path / track.
This actually reinforces your point and makes me lean towards not cutting the driver some slack. Because the cycle track has a different colour surface, is set back from the road, there are give way markings... The driver clearly knew something was there but just didn't fancy stopping for an extra couple of seconds.
Personally I'd probably aim to see these and just accept a measure of "well they've started..." However drivers have been rolling through any space not already occupied by another motor vehicle since my grandmother was a child. So it does need reinforcement - and the government's done as much as they're likely to. So for that read "confrontation" / "bloody entitled / self-righteous cyclists having a go" in the eyes of some, unfortunately.
Also unfortunate that this even has to be a choice! If cycle paths (again) don't provide both excellent safety AND efficient travel they've not been done right*. Note that "speed" in this case as much about "not having to stop" as "velodrome ahoy!". That's the difference between roads (vehicles hit the speed limit ASAP and motor until the next traffic light, then stop and wait a couple of minutes) and good cycle facilities (which allow momentum to be maintained).
* Although even if we suddenly cracked on with it we're probably 50 - 100 years or more behind NL, simply because of the amount of small changes they've made, everywhere.
No. The last lot of data I recall showed that you were more at risk on tracks than the road, but that was from some years ago, so things might have changed with new, properly segregated cycle tracks.
I laugh at Wout's little splash around. On Tuesday night I was riding home along a lane axle deep in water that was flowing against me. As I couldn't actually see the road I was focussed on staying halfway between the hedges and hoping I didn't drop off the side of the road. There's no photographic evidence; under the circumstances I wasn't about chance taking my phone out of my pocket. It was fun though.
If only the bridleway part of my commute was as clean as at Koksijde. It was beyond swamp this evening more like a pond with tufts.
And the access road was a raging torrent.
Soaked through but it was still fun.
The Highway Code is pretty black and white, driver is in the wrong. HOWEVER, give the driver some slack. Looking at the way that junction and route is built, it's almost round a blind corner, a large truck like that would have committed to the turn well before they would have seen the give way lines. Just give props that the driver did indeed look out for and acknowleged the cyclist, whether they in fact they ended up in not a great situation.
I'm gonna disagree with you here.
The LGV is turning right in to the junction.
It will have been clear to the driver that there is a second give way immediately after the initial right turn.
The chicane would have placed the cyclist in the full view of the driver - had they have looked to the right - however the give way would have been in the front blind spot.
At no time before the driver committed to the turn, would the give way lines have been hidden.
The driver either failed to see them, or failed to see the cyclist, or just decided that 'might is right' and feck everyone else.
My thoughts exactly, the give way lines are quite plain (and there's also no doubt to whom they apply as there is a huge no entry painted on the road after them so they know it doesn't apply to any traffic joining the main carriageway) and it is the duty of the driver to stop and check for through traffic before crossing the give way line.
My problem with this is that i don't see why "committing to the turn" means committing to roll straight over the give way lines beyond the turn.
Would we accept the HGV rolling across a pedestrian crossing at a red light because they had already "committed to the turn" on entering the roundabout?
IMHO the better way to view the interaction is rather than it being a turn across a cycle lane, it is a turn then a crossroad with give way (the cycle lane). And this is why the cycle lane is set back - to allow it to be dealt with separately when vehicles are perpendicular rather than parallel as this gives better visibility. People have referred to rule 221 but IMHO that is far more relevent to traffic on the main road needing to allow for the possibility that the lorry may stop overhanging onto said road so that its driver can check the cycle lane is clear or give way to cyclists (i.e. not just because a cyclist is on said lane...) unlike a car that can get fully clear before the cycle lane.
The big issue with this whole discussion is that the incident was minor. But huge numbers of people are refusing to accept that the lorry is at fault. The rider behaved absolutely correctly, yielding when the driver failed to do so, thereby avoiding the collision...
Ex C+E driver (full ADR and STGO2)...
TLDR: The truck driver is in the wrong.
There is Give Way markings painted on the road at the elevated section as it crosses the cycle path.
The driver should have taken these markings in to account prior to making their turn and established that the way was clear on all junctions that they were to encounter.
This means that the driver should not have started the right turn and stayed on the primary route prior until their exit was clear.
The driver was not concerned about blocking the primary route as evidenced by slowing to an almost stop to shout at the rider.
In the drivers defense: it is likely that the driver mis-judged the forward speed of the cyclists - we've all done it, on foot (and ended up running across a road), on two wheels and on 4 (or more) ... we are, after all human.
However ... what is inexcusable in my not so humble opinion, is the attitude of the driver. He fucked up, and made his fuckup someone else's fault. A human reaction too...
Both parties could and should have done better; it was apparent that the vehicle was making the turn - the rider could have eased off and brought some time. The driver could have owned their mistake and apologised.
Yep, the lorry driver does seem a bit confused about priorities. He says something like "I was on here first" - does he think the cycle lane forms part of the mini-roundabout?
Even disregarding the give-way marking for the lorry driver, rule 140 makes it clear that the lorry driver should have given way...
I agree. I also wonder whether the chicane in the cycle path is more likely to create or prevent these kinds of incidents. Genuinely don't know.
it's there to enable drivers to see the cyclists, rather than having to give way to someone coming from behind them. So with proper driver behaviour it should reduce these incidents.
It is partly that. It is also to give drivers time to deal with one flow of traffic at a time without blocking others as can be seen in this article:
a) for drivers turning into the side road - to give space to a car (or vehicle shorter than a truck or bus) to wait out of the way of the main flow of traffic while dealing with any crossing cyclists / pedestrians.
b) for drivers emerging from the side road - to give space to wait in while observing that it's safe to join the main road. This avoids motorists just stopping in the middle of the cycle track / pavement while they check the main road.
In the UK we often manage to stuff up one or more of the multiple purposes of this kind of infra e.g. we keep wide sweeping radii on the turns instead of narrower ones to encourage drivers to slow down. Or there is too much space for drivers to wait so several try to squeeze in / cyclists have a big diversion. Or too little so drivers just wait on the cycle path.
In my experience in Edinburgh (as you can see in the video by Dave McCraw we have a few of these) the majority of drivers - but not all - just treat these as they would a normal entry / exit into a side road e.g. ignore all the infra. Of course this isn't helped by the council having created several generations of variations on "something happens at the entry / exit of a street" - all with some different aspect that is incorrect for one purpose or another.
Early days, ask me in a generation or two...
Also - if the side street is minor (most should be - if we didn't have the UK standard "every street is also a through route"...) then we should not be reaching for these. The better way is a continuous cycle path / footway e.g. no diversion (or indeed change) in either the footway or cycle path. That means cars needing to slow more than is currently common and potentially stop and yield while in the main road, before crossing what is now "pavement" (and possibly cycle path) and into the side street.
Of course in the UK that idea is about as uncontroversial as suggesting that there is economic benefit in reducing parking and people driving a bit less, a bit less quickly ...
disagree I think the drive should identify the give way lines, and anticpating stopping at the give way to look, after starting the turn. It makes little difference to anyone if the HGV is fully in the main road or partially in the main road when stopping. But looking at the cycle track at 90 degrees gives better visibility than trying to look over his shoulder.
as others have said though the incident is minor, and IMO falls under "rude" rather than "dangerous" so does not justify a you tube posting.
On the contrary, I think it is a great learning video. Unfortunately, most viewers are determined to learn that cyclists are dicks and everyone should defer to HGVs ploughing through cities and ignore road markings, but that's Teh InTerWEb for you.
If the driver had waited on the primary road prior to committing to their turn, they would have only been holding up one lane.
It *looks* like the distance between the primary road and the give way is roughly equal to the length of the tractor unit; stopping at the give way would mean that the trailer would be blocking both lanes of the primary road.
As a professional driver, this is not something that you would do unless you absolutely had no alternative.
Once the tractor unit has made the turn, the driver is essentially blind to the entire nearside - which is a highly dangerous situation.
In my not so humble opinion, the driver should have checked the offside mirrors - I'm going to assume that as it's still legally dark that the rider has lights on - and the cyclist light would have shown up in the mirror.
This should have triggered a glance - glance - look (offside mirror, nearside mirror, final check through the window over the shoulder.
By this time, it would have been wholly apparent that the manoeuvre could not be completed in one go, and the driver waited until the approaching cyclist was clear before proceeding.
But ... the above is based on the experience and custom of a professional driver who applied care and consideration to other road users. The driver in this clip does not appear to apply the same traits as shown by ... a) failing to give way and b) stopping and blocking the junction to argue with the cyclist.
I think you were a rather more professional driver than those who find there way here (which is obviously going to be the more egregious type).
It's choices.
In the UK I'd say delays because "cyclists" are seen by most as somewhere between really annoying and worth tens lives a year.
If - virtuous circle - we can reduce some of the (mostly private individuals) driving - that may change a bit.
Looking at some of those junction videos from "over there" * buses and trucks (and thus cars also) can end up waiting - sometimes quite some time. But ... those cycle paths are actually extremely efficient movers of people. And with fewer short journeys driven perhaps that frees up enough space for proper 24/7 bus lanes which don't then get blocked by private cars? And as others said already - lots of benefits of moving some HGVs out of urban areas.
* e.g. this one - though this actually looks a bit too busy / not a great idea with bi-directional cycle lanes and maybe a different design would make more sense here?
Thanks for the complement Chris.
It wasnt always easy being professional, and I made my fair share of mistakes too ... but I've always owned them.
[Including the other day when I was in my car, I beeped at a cyclist near Fountain Bridge as I mistakenly thought they were on a red and I was on a green right turn filter. Next set of lights were red, so I apologised to the rider. They probably still thought it was a schmuck, but mistakes happen]
The lorry driver is turning right at a mini-roundabout, they have priority over the oncoming traffic. Then there is a give-way line at the cycle lane for the lorry driver. They absolutely should have given way to the cyclist.
It's not a case of the lorry driver failing to see the cyclist either, they said "you was up there", admitting they'd seen them, but decided to pull out in front of them anyway.
I'm sure if I pulled out in front of that lorry driver and caused them to come to a complete halt, then they would have something to say about it!
I agree that a seasoned cyclist would see this coming a mile off and expect the driver to just cut in front of them, but an inexperienced cyclist might assume they would be given priority and could be put at great risk. It's bad driving. I don't even consider it to be one of those situations where you should give the lorry more roadspace. It was a fail to give way, using the size of their vehicle to bully their way through, rather than waiting for a gap or for a cyclist(s) to cede priority.
Technically the lorry driver is in the wrong, but I think it's reasonable to cut drivers of such vehicles a bit of slack when making maneuvers like that.
I agree and I wonder how long he would have to wait before he could cross without delaying anyone !
But why are such vehicles allowed in a dense area with little restriction ?
I don't understand how people cope in London without giving each other some slack in those situations.
The lorry driver is never going to give way to somebody once they're committed to a maneuver like that, who is the best part of 2-3 truck lengths away at the start.
I think this is what is causing some of the issue here (again, I personally wouldn't have made anything out of this) - the right-turn to leave the main carriageway is a separate manoeuvre to giving-way and crossing the segregated cycle path. The driver indicated and turned right off of the main carriageway and onto that weird little slip-way thing, arriving at a set of give-way lines for the segregated path, at which point he should have stopped again and given-way to the cyclist. Instead, he ignores the lines and pulls out on the cyclist only 8-10m away.
It's like double mini-roundabouts (like this one), where drivers seem to think that if they've given way at the first roundabout, they don't have to give way at the second one. That roundabout used to be the bane of my life because of that.
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