Many drivers still unaware of ‘flagship’ Highway Code changes

Richard Aucock, Contributor
Wed, 14 Aug 2024

An alarming 42% of drivers remain unaware of a flagship update to the Highway Code introduced more than two years ago.

The new ‘hierarchy of responsibility’ came into force on 29 January 2022. It states that road users that can cause the greatest harm have more responsibility to reduce the danger they pose to others.

It applies most strongly to drivers, while cyclists and horse riders have a responsibility to reduce danger to pedestrians.

Despite the emphasis placed on drivers, 30% of motorists said they didn’t even know if such a rule existed.

Staggeringly, 12% of people surveyed by the AA considered the ‘hierarchy of responsibility’ to be untrue.

More encouragingly, some of the other rules introduced at the same time are more widely recalled. A healthy 85% of drivers knew that, when turning left, they should allow cyclists to pass on the left.

Eight in 10 knew they should leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph – and give them more space still at higher speeds.

"While the majority of drivers can recall important updates to the Highway Code the flagship change that puts more responsibility of those behind the wheel remains unknown by too many drivers," says the AA’s Tim Rankin.

Worryingly, three in 10 drivers admit they haven’t looked at the Highway Code since they passed their test.

The AA says that car tax reminder and licence reneweals would be the ideal opportunity to inform drivers of the updated rules and keep the changes at the front of their minds.

What is the hierarchy of responsibility?

Rule H1 states that "those in charge of vehicles that can cause the greatest harm in the event of a collision bear the greatest responsibility to take car and reduce the danger they pose to others. This principal applies most strongly to drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis and motorcycles."

What responsibility do all road users have?

Rule H1 also states that "none of this detracts from the responsibility to ALL roads users, including, pedestrians, cyclists and horse riders, to have regard for their own and other road users’ safety."

It adds that road users should always remember that people they encounter may have impaired sight, hearing or mobility, and that this may not be obvious.

Ask HJ

Does the pedestrian right of way at junctions apply to roundabouts too?

I know that the new Highway Code regulations give priority to pedestrians at a ‘road junction’ but I’d like clarification of this ruling when entering and leaving a roundabout. Do the entries and exits count as ‘junctions’? When joining a roundabout it is pretty easy to give way to a pedestrian but when leaving a roundabout at the appropriate exit it can be tricky to stop ‘on’ the roundabout to give way to a pedestrian waiting to cross the exit road. Does anyone have chapter and verse on this please?

The Highway Code gives separate rules for junctions and roundabouts, so there is a distinction between the two in this respect. Section 170 of the Highway Code states 'You should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning. If they have started to cross they have priority, so give way (see Rule H2)'. Rule H2 states 'Wait for the pedestrian to cross the junction before turning. this applies if you are turning right or left into the junction.' In Section 187 on roundabouts, it states 'In all cases watch out for and give plenty of room to pedestrians who may be crossing the approach and exit roads.' The use of the term 'should' rather than 'must' in respect of giving way means some room for interpretation depending on the situation. Ultimately pedestrians are more vulnerable road users than motorised vehicles and therefore should be given priority, but it is a matter of choosing the safest approach taking into account all road users.

Answered by David Ross

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