• Cyclist overtaking
• Will I be penalised for breaking the new Highway Code changes

What are the major highway code changes?

A series of Highway Code changes have been introduced since January this year. These changes have resulted in many updates and additions to the code. This has led to the implementation and update of roughly fifty rules to the legislative document. Because of this, it’s now necessary to know about these changes if you want to keep on the right side of the law. Below, our criminal defence solicitor has covered 8 amendments you need to know:

1. Hierarchy of road users:

The Highway Code has introduced a hierarchy system for road users. This puts more responsibility on drivers of larger vehicles. It also ensures that the more vulnerable road users can travel safer.

This change mostly applies to drivers of goods or passenger vehicles, such as:

• Heavy goods vehicles
• Buses or taxis
• Vans

The hierarchy still applies to road users with ‘less’ responsibility. For example, cyclists and people riding horses must still lookout for pedestrians. Essentially, the hierarchy tries to make road users more responsible for their actions.

Because of this, if an incident occurs, the fault will lie with those with more responsibility. This could result in fines, penalty points or prison time – all dependent on the scenario of course. Visit our driving offences page for more information about a specific charge.

2. Pedestrians at junctions:

Road users must now give way to pedestrians that are waiting to cross at a junction. This applies if you are waiting to turn out of the junction or if you are attempting to turn into it.

There has also been an update for pedestrian crossings too. Before, zebra crossings were technically only enforceable if people were already crossing. Now, you must stop for any pedestrians waiting to cross.

Some people argue that highway code changes such as this do more harm than good. For example, traffic may give way to a pedestrian whilst the other side of the road is not clear.

3. Cutting across cyclists at junctions or roundabouts:

You should not cut across cyclists or horse riders when turning into or out of a junction. This also applies when changing direction or lane. Road users are now advised to wait for a safe gap before turning whilst in the presence of a cyclist or horse.

This is more of an advisory than a strict law. However, the court will take this into account if an incident occurs. If you’re facing a driving charge for an incident similar to this, contact our solicitors on 020 3007 5500.

4. Cyclist positioning:

Cyclists are now advised to position themselves where they are most visible. They should ride in the centre of the lane when:

• They are using a quiet road
• The traffic is slow-moving
• They are approaching a junction or narrow road

For busier roads, cyclists should now keep half a metre from the curb. This is to allow for faster-moving vehicles to overtake.

The Highway Code permits cyclists to ride parallel to each other or as a small group. This is as long as drivers have enough room to overtake. If not, cyclists are advised to drop back and allow room for drivers to move past.

6. Using your mobile phone whilst driving:

Using your phone whilst driving has obviously always been an offence. However, the Highway Code changes have tightened the rules to show exactly what is legal and what is not.

Previously, it was only making calls or texting whilst driving that was finable. Now, it is illegal to hold or use any device that can send or receive data whilst the engine is running. This device can be a phone, satnav or tablet for example.

These Highway Code changes still apply even if the car is not moving. For example, if you are waiting in traffic or at traffic lights. There are a few exceptions to this rule; some of these include if you are:

• Safely parked
• In an emergency and need to contact someone immediately
• Making a contactless payment (i.e. at a drive-through)
• Able to access the device hands-free (i.e. dashboard or windscreen mount)

In essence, if your vehicle is not parked, you must not use any kind of mobile device.

7. Exiting a vehicle:

The Highway Code changes have also detailed a new technique for opening car doors. This technique is the ‘Dutch Reach.’ It is not a rule or law but more a suggestion for keeping road users safe.

The Highway Code now recommends turning to check when you open your door from the inside. The Dutch Reach involves reaching for the handle with your opposite hand. By doing this, you’ll check your blind spot simultaneously while opening the door.

Whilst the main victims of this are pedestrians or cyclists, cars can still hit open doors too. With this change, there will be less chance of unsuspecting road users becoming victims of dooring.

8. Charging an electric vehicle:

The Highway Code has addressed the charging of electric vehicles. As the infrastructure has been slowly growing, so must the rules that surround it.

When using an electrical charging point, you must:

• Park as close as you can to the unit
• Avoid creating a trip hazard with the charging cable. If possible, the Highway Code suggests that you display a warning sign
• Return the charging cables and ensure they are secure. This will minimise damage to the cable or to any vehicles nearby

The expanding electric vehicle industry is set to bring many new rules to the Highway Code. Therefore, expect this to be one of many updates to how electric vehicles are treated.

Will I be penalised for breaking the new Highway Code changes?

You will not necessarily be penalised for breaking the Highway Code changes. This all depends on the matter of course. More than likely, if witnessed by the road traffic police, you’ll face a warning or a fine.

However, if you breach the rules and it leads to committing an offence, you’ll face a charge for one of these instead. The penalties for these offences vary greatly. Usually you’ll face a fine, but for more serious offences, it could mean a ban or prison time.

What are some potential Highway Code changes for the rest of 2022?

Later this year, we’re expecting to see several more major changes to the Highway Code. One change is a supposed nationwide ban on parking on the pavement. London and Cardiff already enforce this, but it’s only a rumour that this’ll be brought to the whole country.

Speed limiters will soon become mandatory for manufacturers to put into new cars.  The limiter will alert drivers if they are travelling too fast for the area they are in. This is meant to come into force by July later this year.

The Highway Code is looking to implement changes that focus on self-driving cars. One example includes making insurance companies liable for incidents instead of users of driverless cars. However, the update will state that users must be ready to take back control at all times. This is only one of many changes targeted at self-driving cars, all set to happen later this year.