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Major changes to Highway Code come into force today

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FROM today (Jan 29), the biggest update to the Highway Code in four years takes place in an effort to improve the safety of the most vulnerable road users.

The changes will have implications for anyone that uses the roads – such as cyclists, motorists and pedestrians.

A hierarchy of road-users will be introduced, ensuring quicker or heavier modes of travel have the greatest responsibility to reduce the danger or threat they may pose to others on the road.

Cyclists will also receive fresh guidance to ride in the centre of a lane on quieter roads, in slower-moving traffic and at the approach to junctions in order to make themselves as clearly visible as possible.

They’ll also be reminded they can ride 2 abreast – as has always been the case and which can be safer in large groups or with children – but they must be aware of drivers behind them and allow them to overtake if it is safe to do so.

Meanwhile, motorists will be encouraged to adopt the so-called ‘Dutch Reach’ (as shown below), opening the door next to them with the opposite hand so they look over their shoulder, meaning they’re less likely to injure passing cyclists and pedestrians.

RAC head of roads policy Nicholas Lyes told The Herald: “These changes to the Highway Code are substantial, so it’s vitally important they are communicated clearly.”

“In theory, they should make our roads safer for cyclists and pedestrians, but unless everyone is aware of them, there’s a risk of angry clashes and, worse still, unnecessary collisions.”

“Nobody wants to be on the right side of the Highway Code changes but in the back of an ambulance because of confusion on the part of a driver or any other road user.”

What’s changed and why?

The revised Highway Code comes into effect from 29 January 2022, following calls to protect vulnerable road users. There are a significant number of changes but, from a driver’s perspective, some of the biggest are:

  1. creation of a new ‘hierarchy of road users’ that ensures those who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to others
  2. clarify existing rules on pedestrian priority on pavements and when crossing the road
  3. provide guidance on safe passing distances and ensuring cyclists and horse riders have priority when travelling straight ahead at junctions

‘Hierarchy of road users’

new-highway-code-shared-path

The ‘hierarchy of road users’ is a concept that places road users most at risk in the event of a collision at the top of the hierarchy. The system is used to create a special set of rules numbered H1H2 and H3 but importantly doesn’t remove the need for everyone to behave responsibly.

The hierarchy places road users in order from most to least at risk of being injured, like so:

  • Pedestrians – children, older adults and disabled people being more at risk
  • Cyclists, horse riders and drivers of horse-drawn vehicles
  • Drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis, and motorcycles

Rule H1 applies to all road users and says that it’s important that everyone is aware of the Highway Code and their responsibility for the safety of others. The rule reminds us that it may not be obvious that other road users may have impaired sight, hearing or mobility.

Pedestrian priority

new-highway-code-zebra-crossing

Rule H2 applies to drivers, motorcyclists horse-drawn vehicles, horse riders and cyclists. It reads:

“At a junction you should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning.”

From January 2022 a pedestrian waiting to cross should be given priority. Previously, drivers were told to give way to pedestrians if they ‘have started crossing and traffic wants to turn into the road’. The change also appears in the revised Rule 170.

Rule H2 also advises drivers on pedestrian priority at zebra crossings. Rule 195 goes into more detail and tells us that drivers:

  • MUST give way when a pedestrian has moved onto a crossing
  • SHOULD give way when a pedestrian is waiting to cross

Although drivers are asked to give way more often, pedestrians still have a responsibility to cross safely. A new addition to Rule 8 makes it clear that pedestrians should ‘cross at a place where drivers can see you.’

Safe passing distances

new-highway-code-pedestrian-in-road

Rule 163 previously said: “Overtake only when it is safe and legal to do so. You should not get too close to the vehicle you intend to overtake.” The revised rules go into more detail about what ‘too close’ means.

The following advice has been added:

  • When overtaking a cyclist: Drivers should leave 1.5 metres distance when overtaking at speeds of up to 30mph. Drivers should leave at least 2 metres’ of space at higher speeds.
  • When overtaking horse riders and horse-drawn vehicles: Reduce your speed under 10mph and allow 2 metres of space.
  • When overtaking a pedestrian walking in the road (where there is no pavement): Allow 2 metres of space.

The guide distances should be increased in bad weather and at night. If you’re unable to overtake motorcyclists or other road users using the distances mentioned above, you should wait behind them until it’s safe to do so.

Other rules

new-highway-code-cycle-lane

Many of the other significant changes relate to Rule H3, which applies to drivers and motorcyclists:

“You should not cut across cyclists, horse riders or horse-drawn vehicles going ahead when you are turning into or out of a junction or changing direction or lane, just as you would not turn across the path of another motor vehicle.”

The rule applies when a cyclist is using a cycle lane, a cycle track, or riding ahead on the road. And it can also be seen in the amended Rule 160.

Also, you shouldn’t turn at a junction if it would cause a cyclist or horse to stop or swerve out of danger’s way.

Rule 72 is new for 2022 and instructs cyclists about their position in the road. There are two basic positions which cyclists should adopt depending on driving conditions.

Cyclists should ride in the centre of their lane:

  • on quiet roads and streets
  • in slower-moving traffic
  • when approaching junctions or narrow roads

Cyclists should keep 0.5 metres away from other vehicles and allow them to overtake if:

  • vehicles are moving faster than the cyclist
  • traffic starts to flow more freely

Another change to the Highway Code influenced by ‘The hierarchy of road users’ is Rule 140, which now asks drivers:

  • to give way to any cyclists in a cycle lane, including when they are approaching from behind
  • do not cut across cyclists when you are turning or changing lane

The updated rule reminds road users that cycle tracks can be shared with pedestrians and that cyclists are not obliged to use them.

 

Crime

Farming company fined £19,000 for damaging protected wildlife site

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A CARDIGAN farming company has been ordered to pay almost £20,000 after recklessly damaging a Site of Special Scientific Interest.

Jenkins Ty Hen Ltd, run by David Glyn Jenkins and William Lloyd Jenkins, of Ty Hen, Verwig, admitted damaging the Llwyn Ysgaw, Caeau Crug Bychan and Ty Gwyn SSSI through the unauthorised use of manure, slurry, fertilisers and lime.

The offences took place between June 21 and July 31, 2024.

The court heard that Natural Resources Wales had repeatedly warned the company about how the protected land should be managed.

Aled Watkins, prosecuting for NRW, said an agreement made in 2004 made clear that the landowners needed written consent before carrying out certain activities on the site, including the use of slurry, herbicides, pesticides, fertiliser or lime.

He said: “A significant amount of guidance, advice and warnings has been directed to the company over a substantial period of time, as there have been problems before.”

The court was told advice had been given in 2017, with further discussions in 2021. Further problems were identified in 2024, leading to advice letters and then a formal warning in June that year.

Mr Watkins said: “Even after the letters were sent, no consent request was made.

“The common sense conclusion was that, where the original agreement was clear and advice had been given years prior, this was a deliberate act by the landowners of spreading slurry on the SSSI.”

Jenkins Ty Hen Ltd pleaded guilty to intentionally or recklessly destroying or damaging flora on the protected site, contrary to the Wildlife and Countryside Act 1981.

The company also admitted permitting the use of manure, slurry, silage liquor, fertiliser or lime without written consent from NRW, knowing it was likely to damage rare flora and fauna as well as geological and physiographical features.

Defending, solicitor Harry Dickens said the company had not deliberately set out to damage the land.

“This is more akin to the business damaging the land rather than setting out within their practices to do that damage,” he said.

He added that various contractors were used at the farm and were not always aware of the regulations.

“The defendants did not go out intentionally to harm the flora and fauna,” he said.

“Yes, they had foresight of the warnings and the previous agreement, but this is more akin to wilful blindness rather than going out intending to damage the land. It was not a flagrant disregard.

“The defendants were not loutish in their usage of the land, they are not vandals, they have not been silent and neither have they stonewalled NRW.”

Mr Dickens said the farmers accepted the need to restore the land and were keen to work productively with the authorities.

District Judge Mark Layton said Jenkins Ty Hen Ltd had breached NRW requirements.

“They spread fertilisers, herbicides and slurry on the land which was a breach,” he said.

“This was clearly a deliberate act of culpability and a complete disregard after already being given advice and warnings.”

The court heard the company’s most recent financial turnover was just over £1.6m. It was described by the defence as a micro-business.

Jenkins Ty Hen Ltd was ordered to pay £19,940.66, made up of a £9,000 fine, £8,940.66 costs to NRW and a £2,000 surcharge.

A restoration order was also made requiring work to improve the quality of the damaged SSSI land.

 

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Game of Thrones star urges voters to back anti-DARC parties

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ACTOR Jerome Flynn has urged voters in Wales to back parties opposed to the proposed DARC radar scheme at Cawdor Barracks, saying the issue could be decided by the next Welsh Government.

The Pembrokeshire-based Game of Thrones star, also known for Soldier Soldier and Robson & Jerome, made the appeal in a video released by PARC Against DARC on Tuesday (May 5), just two days before polling day in the Senedd election.

Radar row enters election campaign

Flynn urged voters in Ceredigion Penfro and across Wales to support Plaid Cymru or the Green Party, saying both parties had pledged to oppose the project.

The Ministry of Defence has submitted a planning application to Pembrokeshire County Council for 27 radar antennas and associated infrastructure at Cawdor Barracks, near Brawdy.

The scheme forms part of the Deep Space Advanced Radar Capability programme, linked to the AUKUS defence partnership between the UK, US and Australia.

The MOD says DARC would help detect, identify and track objects in Earth orbit, supporting military and civilian satellite security.

Opponents claim the radar would industrialise part of the Pembrokeshire countryside, damage the setting of the national park, and increase the area’s military significance.

Flynn says project ‘not a done deal’

In the video, Flynn described the election as “probably the most crucial vote we’ve made in 25 years”.

He claimed the next Senedd could play a decisive role in the future of the project, saying: “I’m here to say, it’s not a done deal because Plaid Cymru and the Greens have both made party-led decisions to say no to Westminster.

“We’re not having such a thing on our beloved coast.”

Flynn also described St Davids as “the spiritual home of Wales” and criticised what he called “the most unspeakably abominable planning application” on the edge of the Pembrokeshire Coast National Park.

Campaign steps up pressure

PARC Against DARC said it welcomed Flynn’s intervention and said it had distributed 22,000 leaflets around Pembrokeshire in recent weeks.

The campaign group said First Minister Eluned Morgan’s recent comments on the scheme did not go far enough.

A spokesperson said: “While Eluned Morgan has come out in the final hour to call for DARC to be halted, we fear this does not go nearly far enough.

“Plaid Cymru and the Green Party have both made it their national party policy to oppose and stop DARC, so we have no doubt of the authenticity of their commitment.”

The group is also urging residents to submit objections to Pembrokeshire County Council before the current publicity period ends on May 20.

Welsh Government role

Campaigners say the next Welsh Government could intervene by “calling in” the planning application, meaning Welsh ministers would take responsibility for deciding it rather than leaving the final decision with Pembrokeshire County Council.

That possibility has made DARC a significant local election issue in Ceredigion Penfro, where Eluned Morgan is Labour’s lead candidate, Elin Jones leads the Plaid Cymru list, and Amy Nicholass heads the Green Party list.

Under the new Senedd voting system, voters will elect six Members of the Senedd for the constituency using a proportional list system.

PARC Against DARC said this meant there was “far less need for tactical voting” and argued that voters opposed to the radar could support either Plaid Cymru or the Greens.

Wider concerns

Campaigners have repeatedly claimed that the radar would make Pembrokeshire a potential military target and draw Wales further into US military strategy.

They also say the project raises environmental, health, democratic and security concerns.

Supporters of the scheme argue that space monitoring is becoming increasingly important as satellites are used for communications, navigation, defence and emergency infrastructure.

Flynn ended his video by saying: “Vote with your heart because we can make a difference here, we could put in a government that cares about our land, our people and our environment.”

Whatever the outcome of Thursday’s election, the intervention by one of Pembrokeshire’s best-known residents is likely to keep the DARC controversy high on the political agenda.

 

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Landlords in Wales face new anti-discrimination laws

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New rules from June 1 will make it unlawful to refuse renters because they have children or receive benefits

LANDLORDS in Wales are being warned to prepare for new anti-discrimination laws which come into force at the beginning of June.

From Monday, June 1, it will be unlawful for landlords and letting agents to discriminate against prospective contract-holders because they have children or receive benefits.

The change follows the Renters’ Rights Act 2025, which mainly reforms renting law in England, but also extends key anti-discrimination protections into Wales.

The Welsh provisions will be incorporated into the Renting Homes framework and will apply to occupation contracts. Unlike the civil penalty regime used in England, breaches in Wales may amount to a criminal offence, with enforcement handled by local authorities and cases dealt with through the courts.

What landlords cannot do

From June 1, landlords and agents must not deter people from applying for a property because they have children or receive benefits.

They must also not refuse or restrict access to viewings, prevent prospective tenants from receiving information about a property, or exclude them from entering into an occupation contract on those grounds.

The measures are aimed at ending blanket “no children” or “no benefits” policies, which campaigners have long argued unfairly shut families and low-income households out of the private rented sector.

Landlords will still be allowed to carry out affordability checks and assess whether a property is suitable. For example, a landlord may still decide that a particular room or property is physically unsuitable for children, but the decision must be based on the property itself rather than a blanket ban.

Paperwork deadline

Under the new rules, landlords will need to issue either a new occupation contract or a statement of variation to reflect the changes.

The statement can be served up to fourteen days after the rules take effect, meaning landlords should act by June 14.

Leading North Wales estate and lettings agent Cavendish, which has offices in Mold and Ruthin, says it has been advising landlords ahead of the deadline.

Nicola Blake, Operations Director at Cavendish, said: “While much of the focus in recent months has been on the introduction of the Renters’ Rights Act in England, some of the changes are also impacting Wales.

“As of June 1, landlords in Wales will be subject to stringent anti-discrimination laws and failure to adhere to the new legislation could result in a criminal prosecution.”

She added: “This is a significant change for landlords in Wales, and we are helping our clients to be ready well ahead of the deadline, completing the required paperwork and ensuring they are fully compliant.”

Landlord seminar

Cavendish will hold a seminar later this year for landlords in Wales, covering legislative changes and advice on managing and improving property portfolios.

The event will take place on Monday, October 26, at Theatr Clwyd. Cavendish recently became a Gold Member of the Mold arts venue.

Cavendish was established in 1993 by Julian Adams, the firm’s chairman, and his then business partner Robert Ikin.

The company now employs more than thirty people across estate agency and lettings, with offices in Mold, Ruthin and Chester. It says it helps more than 600 homeowners move each year and manages around 650 properties.

 

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