Two years after landmark Highway Code rule was introduced to protect pedestrians and cyclists, two in five drivers are ignoring it

A landmark Highway Code rule introduced by the Department of Transport to help improve road safety two years ago is being ignored by more than two fifths of drivers, a study has found.

A poll of almost 10,000 UK motorists revealed that 42 per cent either don’t know the rule exists or had heard about it but thought it was untrue.

The AA is now calling for drivers to be reminded of the rule annually, for instance when they receive notifications about car tax renewals.

A landmark set of new rules were added to the Highway Code in January 2022 to boost road safety. However, two years on and more than two fifths of drivers either ignore it or don’t know about it 

On 29 January 2022, the Highway Code was updated with a watershed update comprising a number of different rules.

The headline grabber was the new ‘hierarchy of road users’; a pyramid-style system that means drivers of vehicles that can cause the greatest harm bear the most responsibility to take care of others around them.

Essentially, the bigger and heavier the vehicle you drive, the more responsibility you have to reduce risk.

It means HGV, truck and bus drivers have the most responsibility, followed by drivers of vans and minibuses, then cars and taxis, and next motorbike riders. Cyclists and horse riders also have more responsibility than pedestrians.

The Highway Code update includes the line: ‘The hierarchy does not remove the need for everyone to behave responsibly.’

The hierarchy of road users is a pyramid system of protection to keep those who are most vulnerable safe. Some 42% of UK motorists polled said they disregard it when they're driving

The hierarchy of road users is a pyramid system of protection to keep those who are most vulnerable safe. Some 42% of UK motorists polled said they disregard it when they’re driving

Within the hierarchy rules is a set of instructions around who has priority when a motorist is turning at a junction and a pedestrian is crossing – or waiting to cross – the road.

It states that in all instances it is the pedestrian who has the right of way over the traffic – including cyclists – and drivers should wait and allow them to get to the other side.

Yet, worryingly, 30 per cent of drivers said they did not know if such a rule existed, while 12 per cent considered the rule to be untrue, the AA found when it polled 9,839 of its licence-holding members.

When The AA asked the same question in December 2021, a month before the changes were adopted, two thirds (68 per cent) of motorists were unaware of the ‘hierarchy of responsibility’ rules.

However, other rules introduced at the same time were successfully recalled by motorists. 

This graphic shows the new rules in the Highway Code to protect both cyclists and pedestrians as part of the hierarchy of road users pyramid safety scheme

This graphic shows the new rules in the Highway Code to protect both cyclists and pedestrians as part of the hierarchy of road users pyramid safety scheme

Some 85 per cent surveyed knew that drivers intending to turn left should allow cyclists to pass on the left before carrying out the manoeuvre, while two in five knew that drivers should leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds.

Nevertheless, only half of drivers were aware that the updated Code formally advised of scenarios where cyclists could ride two abreast in the centre of the lane. 

Poll

As a driver or cyclist, do you always give way to pedestrians who are about to cross at a junction?

  • Yes 2221 votes
  • No 4093 votes

Similarly, 56 per cent of drivers incorrectly believed long established rules on when a horn should not be used were adopted in 2022, along with 42 per cent who believed that the national speed limit for towing a trailer or caravan was reduced to 50mph on a single carriageway.

Tim Rankin, managing director of AA Accident Assist, said; ‘While the majority of drivers can recall important updates to the Highway Code, the flagship change that puts more responsibility on those behind the wheel remains unknown by too many drivers.

‘Three in 10 drivers admit they haven’t looked at the Highway Code since they passed their test. New drivers and those learning to drive will be the ones most aware of the update, but it is long-standing motorists that need to be contacted to ensure they know the rules.

‘It’s vital that we keep reminding drivers of these changes, which can make our roads safer and reduces crashes.’

Rankin says the AA wants drivers to receive annual reminders of major Highway Code changes to hammer home the latest rules. 

‘Each year, millions of drivers are contacted with car tax reminders and licence renewals,’ he said. 

‘This would be the ideal opportunity to inform everyone of the updated rules and keep the changes at the front of their minds.’

Is the hierarchy of road users rule working? Government data shows that a quarter of all road fatalities last year were pedestrians - the most vulnerable road users in the pyramid system

Is the hierarchy of road users rule working? Government data shows that a quarter of all road fatalities last year were pedestrians – the most vulnerable road users in the pyramid system

Is the hierarchy of road users rule working? 

Official figures suggest the rule changes have done very little to bolster safety for the most vulnerable road users – pedestrians. 

The Government’s provisional road casualty statistics for 2023 show that pedestrian deaths on Britain’s roads increased by 6 per cent year on year, up from 385 to 407. 

They’re also 2 per cent higher than a decade ago, despite new cars being fitted with a wealth of innovative technology to mitigate accidents involving pedestrians.

The data also shows that a quarter of all road fatalities last year were pedestrians.

However, fewer cyclists – listed as the second most vulnerable road user group in the hierarchy system – were killed last year.

Deaths fell from 91 to 84 last year – a reduction of 7 per cent. Compared to a decade ago, cyclist casualties have fallen significantly by 23 per cent. 

The Government's provisional road casualty statistics for 2023 show that pedestrian deaths on Britain's roads increased by 6% year on year, up from 385 to 407. However, cyclist fatalities did fall

The Government’s provisional road casualty statistics for 2023 show that pedestrian deaths on Britain’s roads increased by 6% year on year, up from 385 to 407. However, cyclist fatalities did fall

When the hierarchy of road users rules were launched back in January 2022, they triggered an angry backlash from some motorists who said cyclists were being given the right to take over the road.

A report by the Commons Public Accounts Committee in November warned that messaging around Highway Code changes were not communicated effectively enough to encourage public participation.

Earlier this year, the RAC found evidence of drivers ignoring the landmark rules.

The motoring group’s road safety spokesperson Rod Dennis said: ‘When initially introduced, we welcomed the major Highway Code changes because they were set to make the roads much safer for the most vulnerable users.

‘However, two years on, it’s concerning to see there’s still so much uncertainty, with most drivers not stopping for people crossing when they should and therefore many pedestrians seeing no change to their safety at junctions.’

Dennis added: ‘Part of the reason may be that drivers simply don’t know that the changes have been made, least of all the consequences of ignoring them.

‘Most drivers probably rarely refer to the Highway Code once they’ve passed their tests, and that’s where the problem could lie.

‘We urge motorists to take another close look at the changes – either by visiting the Highway Code or RAC websites, or by picking up a printed copy.

‘We’d also urge the Government to make another concerted effort in communicating the changes to all road users.’

A DfT spokesman said at the time: ‘All road users must feel confident using our roads which is why we made sure the changes to the Highway Code were directly informed by a public consultation with over 20,000 responses.

‘To increase awareness of the changes, we have used our Think! campaign to increase awareness and understanding of the changes over the last two years.’

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