Keep your eyes on (rules of) the road
Proposed changes to the Highway Code could lead to greater scrutiny of drivers’ actions, says Kirsty Yuill
According to a 2021 study by Rooster Insurance, 46.6 per cent of drivers have never refreshed their knowledge of the Highway Code. Those road users will no doubt be surprised to hear that 33 of its rules have been updated and five other changes have been made to it this year alone.
It is a good idea for all to keep a lookout for further changes, notably those presently proposed by the department for Transport (DFT) on introducing a “hierarchy of road users” and to understandhow these changes could impact you directly.
Rule 204 of the current Highway Code says that, “the most vulnerable road users are pedestrians, cyclists, motorcyclists and horse riders. It is particularly important to be aware of children, older and disabled people, and learner and inexperienced drivers and riders”.
DFT intends to bolster this by introducing a hierarchy of road users, “which ensures that those road users who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to other road users”. DFT explains that “this principle applies most strongly to drivers of large goods and passenger vehicles, followed by vans/minibuses, cars/taxis and motorcycles” and that “cyclists, horse riders and horse drawn vehicles likewise have a responsibility to reduce danger to pedestrians”.
As an example of the proposed hierarchyin action, one particular proposed change would amend the instruction to drivers approaching a zebra crossingfrom“lookout for pedestrians waiting to cross and be ready to slow down or stop to let them cross” to“you should give way to pedestrians waiting to cross a zebra crossing ”. in the context of civil claims for personal injury damages, three points are worth making on these proposed changes and the Highway Code generally.
Firstly, breach of a provision of the Highway code does not, of itself, necessarilymean that the person in breach is liable in damages to a person who suffers injury as a result. This is because, for liability in a civil personal injury claim, there has to have been a breach of a duty to take reasonable care. nonetheless,the terms of the highway code may inform, at least to some extent, what reasonable care means in particular circumstances.
Secondly the law, Uk-wide, has already evolved to take note of what has been referred toast he“destructive disparity”between different types of road user, especially where the courts have been assessing the degree to which a claimant may have contributed to an incident by considering the “causative potency” and “respective blameworthiness” of the people involved and their actions.
Thirdly, the proposed changes do not introduce any form of strict or presumed liability on the part of drivers involved in incidents with, for example, pedestrians or cyclists. Strict liability means automatic liability without any need to prove fault. Presumed liability means that fault would have to be positively disproved by the driver to avoid liability. Further, the law on “contributory negligence”, which refers to the reduction of a claimant’s damages by a percentage representing his or her share of responsibility, will also remain unchanged by the proposals.
Despite these three points, the proposed changes could lead to greater scrutiny of drivers’ actions in particular cases involving vulnerable road users.
Another aspect that is worth thinking about is where, for example, e-scooters and autonomous or driver less vehicles may fit in. one-scooters, it remains illegal to ride them in public places out with certain approved trials for hire from particular rental providers in parts of theuk.d ft is currently assessingdata one-scooters. on autonomous vehicles, the Scottish Law Commission, working together with the Law
Commissionofenglandandwales,are inthefinalstagesofaprojecttosupport the creation of a legal framework for such vehicles.
Future developments in transport are likely to mean that revision to the Highway Code will nearly always be a “work in progress”. In the meantime, readers may well wish to look at the current version and keep a look-out for changes down the line.