Understanding The Highway Code and Road Safety

What is the purpose of The Highway Code?

• The primary aim of The Highway Code is to enhance safety on the road. It also supports the creation of a healthy, sustainable, and efficient transport system. It is considered essential reading for everyone who uses the roads in England, Scotland, and Wales.

Are all rules in The Highway Code legally binding?

• No, not all rules are legally binding. Rules that use the words 'MUST/MUST NOT' are legal requirements, and disobeying them constitutes a criminal offence with potential penalties including fines, penalty points, disqualification, or even imprisonment. These rules often reference specific legislation. Other rules, using advisory wording like 'should/should not' or 'do/do not', are not legal requirements themselves, but the Highway Code can still be used in court proceedings under the Traffic Acts as evidence to establish liability.

How can following The Highway Code affect road safety?

• Knowing and applying the rules in The Highway Code can significantly reduce road casualties. Everyone shares the responsibility of reducing the number of deaths and injuries on the roads, and the Code provides guidance to help fulfill this responsibility.

How are self-driving vehicles defined according to The Highway Code?

• Self-driving vehicles are defined as those listed as automated vehicles by the Secretary of State for Transport under the Automated and Electric Vehicles Act 2018. These vehicles are capable of safely driving themselves when the function is correctly activated and the driver follows the manufacturer's instructions. This is different from vehicles with only assisted driving features, where the driver remains responsible at all times.

What are the driver's responsibilities when a self-driving vehicle is operating?

• While a self-driving vehicle is driving itself in a valid situation, the driver is not responsible for how the vehicle drives and may turn their attention away from the road and view content on the vehicle's infotainment system. However, the driver MUST still follow all relevant laws, including being fit to drive (e.g., not under the influence of alcohol or drugs), ensuring the vehicle is road legal and roadworthy, and being responsible for passengers and cargo. The driver MUST NOT do anything illegal, such as using a handheld mobile phone.

What should a driver do when a self-driving vehicle needs to hand back control?

• A self-driving vehicle will provide sufficient warning when it needs to hand control back to the driver. The driver MUST always be able and ready to take control and do so when prompted by the vehicle. This includes staying in the driving seat and remaining awake. Once the driver has taken back control or turned off the self-driving function, they become responsible for all aspects of driving.

What is the 'hierarchy of road users' in The Highway Code?

• The 'hierarchy of road users' places those most at risk in a collision at the top. This does not remove the responsibility of everyone to behave safely. Road users most likely to be injured are pedestrians, cyclists, horse riders, and motorcyclists, with children, older adults, and disabled people being particularly vulnerable. Those in charge of vehicles that can cause the greatest harm (drivers of large vehicles, cars, motorcycles) bear the greatest responsibility to take care. Cyclists, horse riders, and drivers of horse-drawn vehicles also have a responsibility to reduce danger to pedestrians. However, all road users, including pedestrians, cyclists, and horse riders, are responsible for their own and others' safety.

How does The Highway Code address priority at junctions concerning vulnerable road users?

• At a junction, drivers, motorcyclists, horse-drawn vehicles, horse riders, and cyclists should give way to pedestrians crossing or waiting to cross the road they are turning into or from. They MUST give way to pedestrians on a zebra crossing and to pedestrians and cyclists on a parallel crossing. Pedestrians have priority on zebra crossings, parallel crossings, and at light-controlled crossings when they have a green signal. Drivers and motorcyclists should not cut across cyclists, horse riders, or horse-drawn vehicles going ahead when turning, changing direction, or changing lane, and should give way to them. They should wait for a safe gap if necessary, including when cyclists are approaching, passing, or moving off from a junction, moving past or waiting alongside traffic, or travelling around a roundabout.