New Rules of the Road – Highway Code Changes 2022

What do the 2022 Highway Code Changes mean for businesses?

A revised version of the Highway Code came into effect in January 2022, but it was not well publicised, and many people are not familiar with the changes that have been introduced.

How many people drive to/for work?

According to 2018 statistics from the Department for Transport, 68% of people in Britain travelled to work by car. However, it is very hard to put an exact figure on the number of people who drive as part of their job, rather than commute. In addition to the more obvious jobs such as truckers and taxi drivers, many other jobs involve some driving, such as salespeople. A snapshot taken in 2018 by the RAC Foundation found that 19% of job vacancies included a driving licence as a requirement for employment.

Why should employers keep their workers informed of the changes?

Professional drivers are on the road for company business. Employers therefore have a responsibility to make sure that all drivers in their workforce prioritise safety, both for their own sake and for other road users. Under the Health and Safety at Work Act 1974, employers have a duty of care to their employees, and also have a responsibility for the safety of other people who could be affected by the company’s work, including other road users when employees are driving for work. 

Keeping your drivers safe and moving is also important for business. The cost of a collision may appear to be covered by insurance, but associated costs will not be, such as loss of business, time spent processing the insurance claim, cost of hiring a replacement vehicle, and potential damage to reputation. This is in addition to the possible loss of key personnel due to injury, stress or receiving penalty points on their licence for failing to comply with the Highway Code.

New hierarchy of road users

Under the revised Highway Code, there is a new hierarchy of road users, with those potentially most at risk from others having higher priority, as follows: 

  • Pedestrians
  • Cyclists
  • Horse riders and horse-drawn vehicles
  • Motorcyclists
  • Cars/taxis
  • Vans/minibuses
  • Large passenger and heavy goods vehicles

Key points:

  • The greatest responsibility for taking care not to cause harm to others lies with drivers of vehicles with the potential to cause the most harm.
  • Pedestrians now have priority when crossing and when waiting to cross at road junctions.
  • Cyclists have priority if they are passing a turning car. If a driver wishes to turn and there is a cyclist or horse rider going straight ahead, the driver needs to give way.
  • Passing distances have been updated. Drivers now need to allow a gap of at least 5 feet (1.5 metres) between their vehicle and a cyclist when overtaking at 30mph. At higher speeds, more space should be allowed. The passing distance for pedestrians and horses is 6.5 feet (2 metres), and vehicle speed should be reduced to 10mph when passing horses. 

What are the penalties for failure to comply with the new Highway Code?

The penalty for ‘Driving without reasonable consideration for other road users’ is three to nine points, which remain on the licence for four years. However, if the offence was deemed ‘Careless and inconsiderate driving’, then it would carry the penalty of an unlimited fine and discretionary disqualification.

Disclaimer: The information provided through Legislation Watch is for general guidance only and is not legal advice. Legislation Watch is not a substitute for Health and Safety consultancy. You should seek independent advice about any legal matter.

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