As new road rules for drivers and cyclists come into force – here’s what you need to know

The Highway Code is being updated to improve road safety for vulnerable users on 29th January 2022. Vulnerable users include pedestrians, cyclists, motorcyclists and horse riders.

One major change is: if you are a driver or a cyclist and turning into a road and a pedestrian is waiting or has started to cross, they now have the right of way, and you should stop and allow them to continue.

There are also significant changes affecting cyclists – those on bikes can now ride in the centre of the road in some circumstances, drivers should create a mandatory distance when overtaking and cyclists now have right of way at roundabouts.

Many of the rules of the Highway Code are legal requirements and if you disobey them you are committing an offence.

You may be fined, given penalty points or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘must’ and ‘must not’.

Other rules use the advisory wording such as ‘should/should not, or ‘do / do not’.

Although failure to comply with these rules will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability.

If you are a driver, motorbike rider, horse rider, cyclist or pedestrian here’s what you need to know about the changes:

The new rules

Eight new rules are being introduced, and 49 existing ones are being updated. Of the eight new rules, the new hierarchy of road users is the most significant change. This is split into rules H1, H2 and H3.

Rule H1

The Hierarchy of Road Users puts more responsibility on drivers of larger vehicles to look after the more vulnerable. The law says:

“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”. The larger the vehicle, the more responsibility is placed on the driver. The Hierarchy of Road Users is as follows:

large goods and passenger vehicles
vans/minibuses
cars/taxis
motorcycles

Rule H1 also states that cyclists and horse riders have a responsibility to look after pedestrians. It also stresses that all road users have a responsibility for their own safety as well as that of others.

Rule H2

This rule is for drivers, motorbike riders, horse riders and cyclists. It states:

“At a junction you should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning”.

If, therefore, you are turning into a road and there is a pedestrian waiting to cross, they have right of way, and you allow them to cross. Cyclists must also give way to pedestrians on shared use cycle tracks.

Rule H3

This rule change is aimed at drivers and motorcyclists. It states:

“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”.

If turning into a junction would cause a cyclist or horse rider to stop or swerve, you should wait for a safe gap before turning in.

Other rule changes

Cyclists are now advised to ride in the centre of their lane on quiet country roads and in slow moving traffic, or on the approach to junctions when it would be unsafe for a vehicle to overtake them, in order to make themselves more visible.

Passing distances are also changing. Section 163 of the Highway Code previously stated that you should give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car.

This is being changed to provide specific distances to be given when overtaking, and now includes when passing pedestrians who are walking on a road where there is no footpath. The new rules state you should allow the following distances:

• Cyclists: 1.5 metres
• Horse riders: 2 metres
• Pedestrians walking on a road where there is no pavement: 2 metres

Cyclists on roundabouts

Cyclists now have priority on roundabouts. The new section of the Highway Code under Rule 186 specifically says road users should give priority to cyclists on roundabouts. It states:

“You should give priority to cyclists on the roundabout”.
“They will be travelling more slowly than motorised traffic”.
“Give them plenty of room and do not attempt to overtake them within their lane. Allow them to move across your path as they travel around the roundabout.”
“Cyclists, horse riders and horse drawn vehicles may stay in the left-hand lane when they intend to continue across or around the roundabout and should signal right to show you they are not leaving the roundabout.

Law change on mobile phone use

While it is currently an offence to make or take a call, unless using a hands-free device, or to send text messages, it is now also an offence to take photos, videos, select a song or play games, even if you are stationary at a red light. This came into effect on January 1st 2022.

You can still use your phone for directions; however, it must be secured in a cradle or some other means of hands free access. Failing to observe these new laws could result in a £200 fixed penalty and six points on your licence.

Our team of highly experienced road traffic accident solicitors understand that being involved in an accident can have a devastating and sometimes life-changing impact, not only on you but also on your loved ones.

Our experts help people to get their lives back on track by getting them the help they need to recover following an accident on the road. It is important to seek legal advice as soon as possible to get the answers you need surrounding the circumstances of your potential claim.

It is likely that if you have been involved in a road accident that – was not your fault or only partly your fault – you could be entitled to claim compensation.