Imagine | Winter 2024
A digital magazine from Irwin Mitchell
Imagine | Winter 2024 A digital magazine from Irwin Mitchell
Imagine | Winter 2024
A digital magazine from Irwin Mitchell
The rules of the road are continually evolving to improve safety for road users. But do you know when it’s safe to use your phone in the car? And are you up to speed with the latest changes to the Highway Code?
Working with clients who’ve suffered serious injuries, we see all too often the devastating impact that careless or dangerous driving can have on people and their families. That’s why it’s an important part of our role to raise awareness of road safety issues and do everything we can to make our roads safer for everyone.
The issue with mobile phones
In 2017 tougher penalties were introduced for people using a phone behind the wheel.
It became illegal to use a phone, sat nav, tablet or any handheld device that can send or receive data while driving or riding a motorcycle. It means you can’t use your phone in your hand for any reason, even if you’re stopped at traffic lights, queuing in traffic, or using a car with a start/stop engine when you’re not moving.
It’s only considered safe to use your phone in your vehicle if you’re safely parked. Yet, many drivers continue to use them for various reasons while driving.
Those found guilty face six points and a £200 fine, which would be enough to see over 600,000 drivers banned from driving for six months.
In August 2023 547,287 drivers had six penalty points on their licence and a further 94,088 had nine points, according to research by road safety charity IAM RoadSmart. This was 6% and 8% higher respectively than the previous year.
Drivers can be banned for adding 12 or more points to their licence within three years.
Highway Code changes two years on
The Highway Code changed in January 2022, implementing a new hierarchy of road users to protect the most vulnerable. The goal was to improve road safety for people walking, cycling and riding horses.
At the time of the changes a YouGov poll found that one in seven people had no idea the Code was changing and in January 2023, Cycling UK found that most drivers still couldn’t identify the changes.
Highway Code changes two years on
The Highway Code changed in January 2022, implementing a new hierarchy of road users to protect the most vulnerable. The goal was to improve road safety for people walking, cycling and riding horses.
At the time of the changes a YouGov poll found that one in seven people had no idea the Code was changing and in January 2023, Cycling UK found that most drivers still couldn’t identify the changes.
What is the Highway Code?
The Highway Code aims to promote road safety by setting out information, advice, guidance, and mandatory rules for road users in the UK. It applies to everyone who uses the road, including pedestrians, horse riders and cyclists, as well as motorcyclists and drivers.
Many of the rules are legal requirements, which means it’s a criminal offence not to follow them. You may be fined, given penalty points on your licence, or be disqualified from driving. In the most serious cases you could be sent to prison.
Why did the rules change in 2022?
The rules changed to reflect an evolving understanding of the challenges faced by pedestrians, cyclists and other vulnerable individuals sharing the road with motorised vehicles.
Previously, all road users were encouraged to be considerate towards each other, applying the same principles to pedestrians and drivers equally. The result was that children walking to school had as much responsibility for their own safety and the safety of others as lorry drivers.
Now, a new hierarchy of road users means that those who have the potential to do the greatest harm, have the greatest responsibility to reduce danger to others.
Drivers of heavy good vehicles and passenger vehicles, vans, minibuses, cars and motorcycles have the greatest responsibility. But, the responsibility of cyclists, horse riders and drivers of horse drawn vehicles towards pedestrians has also increased.
The changes you need to be aware of
You can find full details of the changes on the Gov.UK website, but we’ve summarised some of the key changes below.
Cycling safety
Stronger emphasis on protecting cyclists recognises the increased popularity of cycling for exercise and as a cost effective and environmentally friendly way to travel.
Motorists are now advised to leave at least 1.5 metres when overtaking cyclists, ensuring a safe distance to reduce the risk of accidents.
People cycling in groups are encouraged to consider other road users, allowing people driving behind them to overtake when it’s safe to do so. But it’s recognised that it can be safer to ride two abreast, particularly in larger groups or when accompanying children or less experienced riders.
The updated guidance encourages cyclists to keep at least 0.5 metres away from the kerb when riding on busy roads and confirms that cyclists can ride in the centre of their lane on quiet roads, in slower-moving traffic and as they approach junctions.
Also highlighted is the importance of cyclists making themselves visible with lights and reflective clothing.
Pedestrian priorities at junctions
Underscoring the importance of creating safer spaces for those on foot, drivers are now expected to give way to pedestrians waiting to cross the road. The previous requirement was only to give way to people who had started to cross the road they were turning in to.
Walking, cycling or riding in shared spaces
People cycling, riding a horse, or driving a horse-drawn vehicle should respect the safety of people walking in these spaces, but walkers should not obstruct or endanger them.
Cyclists should slow down when passing people or horses, letting them know they’re there.
The Dutch Reach
Designed to encourage people to take extra care when opening their car door, drivers and passengers should now use the opposite hand to the door they’re opening. For example, their left hand to open a door on their right-hand side.
The idea is that using your opposite hand makes you turn your head to look over your shoulder, making you less likely to cause injury to a cyclist or motorcyclist passing on the road or people on the pavement.
“It's incredibly positive that the guidance in the revised Highway Code is designed to protect those road users most in need. Yet whilst the aim of creating safer roads for all is admirable, increased compliance needs to improve through education and better awareness. We hope to play a small part in that.”
Richard Biggs - Partner, Serious Injury
Legal support
Changes to the Highway Code and updates to legislation are all important steps towards eliminating deaths and serious injuries on our roads. Find out more about how we support people affected by road collisions and their families at our dedicated web page.
Shauna’s story highlights how, with the right support, you can have a life after serious injury.