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News

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

Driver found slumped at wheel was three times over drink-drive limit

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A MOTORIST found slumped over his steering wheel with the engine still running has admitted being three times over the legal drink-drive limit.

Robert McMillan, 44, was spotted by another driver at around 1:00pm on September 19 while parked near St Florence. Concerned for his welfare, the member of the public called police.

“A member of the public contacted the police as they were concerned that he’d either been drinking, taking drugs, or had a medical issue,” Crown Prosecutor Sian Vaughan told Haverfordwest Magistrates’ Court this week.

“The engine was running and when the member of the public asked him if he was ok, the defendant gave him a thumbs-up.”

Following his arrest, a blood sample revealed McMillan had 272 micrograms of alcohol in his system—the legal limit is 80.

This week McMillan pleaded guilty to drink-driving. In mitigation, he claimed he had consumed a pint of alcohol at a pub in Penally and, after suspecting he had a flat tyre, pulled into a layby and drank three-quarters of a bottle of wine he had in the car.

“This led to his high reading as normally he doesn’t drink alcohol like this,” said probation officer Julie Norman.

However, the Crown disputed this version of events. CCTV footage played in court captured the member of the public telling officers that McMillan had fallen out of his vehicle.

McMillan was represented by solicitor Alaw Harries, who said the offence would have serious repercussions.

“For the past 17 years, Mr McMillan has worked for a mental health charity based in Cardiff, but his role involves a significant amount of driving,” she said. “His employers are now going to have to reconsider his position. This is going to have a huge impact on both himself and others. He’s disappointed in himself and is extremely sorry.”

Magistrates disqualified McMillan from driving for 28 months and imposed a 12-month community order, requiring him to complete 100 hours of unpaid work. He must also pay a £114 court surcharge and £85 in prosecution costs.

Due to the level of alcohol in his system, McMillan is now classed as a high-risk offender and must prove he is medically fit to drive before reapplying for his licence.

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Crime

Silverdale resident drove after drinking to escape ‘distressing living conditions’

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A COURT has heard how a resident of Silverdale Lodge was so desperate to escape his difficult living conditions that he drove off in his van while intoxicated, following a drinking spree.

Bobby Williams, 41, was spotted in his parked vehicle by officers on the evening of March 4. When they spoke to him, he appeared to be under the influence of alcohol. Subsequent ANPR checks confirmed that he had been driving the van approximately ten minutes earlier.

A roadside breath test proved positive, and a further test at Haverfordwest police station showed he had 88 microgrammes of alcohol in 100 millilitres of breath—more than twice the legal limit. However, Williams refused to provide the required evidential samples when requested by officers.

He appeared before Haverfordwest magistrates this week, where he pleaded guilty to failing to provide a specimen for analysis.

Defending, solicitor Tom Lloyd said that Williams had struggled to rebuild his life following a prison sentence for stalking his former partner.

“Things haven’t been easy for him,” said Mr Lloyd. “He used to be a self-employed builder in Newport [Glamorgan], but due to post-custodial licence conditions, he is no longer allowed to return there.

“He’s been living in Silverdale Lodge—this court is well aware of the challenges residents face there. The defendant isn’t used to that sort of lifestyle, and that night, things weren’t particularly comfortable. He went out with the intention of sleeping in his van. He just wanted to get away.”

Mr Lloyd added that since his release from custody, Williams had made significant progress with his probation requirements.

“He’s taken every step to address his behaviour and complied fully with probation. He’s doing extremely well,” he said.

Magistrates imposed a 24-month Community Order, including 20 rehabilitation activity requirement days and a 120-day alcohol abstinence monitoring requirement. Williams was also disqualified from driving for 24 months and must pay a £114 court surcharge and £85 in costs.

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Crime

Driver with spinal condition fined for refusing blood test

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A PEMBROKESHIRE man who lives in constant pain due to a serious spinal condition has been ordered to pay over £1,000 after being found guilty of refusing to provide a blood sample for analysis.

Ryan Ratcliffe, 41, was stopped by police on December 12 and gave a positive roadside drugs test. He was taken to Haverfordwest police station, where officers requested a blood sample for further analysis.

“But he refused, saying he was afraid of needles,” Crown Prosecutor Sian Vaughan told Haverfordwest magistrates this week. “No medical evidence has been given to the court to prove that this was correct.”

Ratcliffe, of Bro Waldo, Clunderwen, had denied the charge of failing to provide a specimen for analysis but was found guilty following a trial on March 17. He returned to court this week for sentencing.

Defending, solicitor Michael Kelleher told magistrates that Ratcliffe suffers from spinal stenosis—a degenerative condition that causes the narrowing of the spinal canal.

“He has the condition in his neck, middle back and at the base of his spine,” said Mr Kelleher. “It is untreatable and will affect him for the rest of his life.”

The court heard that Ratcliffe’s home has been specially adapted to his disability and that he relies on a carer for day-to-day assistance.

“The problem is further exacerbated by the fact that he lives in a rural area with limited public transport,” added Mr Kelleher. “Having access to a vehicle was his only way of getting to his local shop. But now that’s going to be lost.”

Ratcliffe was disqualified from driving for 24 months. He was fined £300 and ordered to pay £650 in court costs along with a £120 victim surcharge.

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