Rules of the Road: Sharing Space Safely with Cyclists and Horses

The Highway Code, the rulebook for British roads, underwent key revisions in January 2022 regarding driving near horses and cyclists, aiming to improve road safety and reduce the risk of accidents involving these vulnerable road users. The changes have been introduced to ensure that drivers are more considerate and aware of the potential dangers posed to horses and cyclists, as well as to outline the penalties that may impact drivers who fail to adhere to the new regulations.

Even after more than 2 years, many drivers remain unaware of these changes, so outlining them here serves as a reminder.

Hierarchy of Users

A new principle establishes a hierarchy of road users. Drivers now hold a greater responsibility to ensure the safety of pedestrians, cyclists, horse riders, and other vulnerable groups. Under this hierarchy, pedestrians have been placed at the top, followed by cyclists, horse riders, and motorcyclists. The aim is to encourage all road users, particularly drivers, to show greater consideration and awareness for those with less protection in the event of a collision. This new hierarchy reflects a shift towards a more inclusive and safety-focused approach to road use, promoting a culture of mutual respect and understanding among all users.

Safe Passing Distances

One of the key updates to the Highway Code is the emphasis on giving cyclists and horse riders plenty of space when overtaking. This is a crucial change aimed at reducing the risk of collisions and providing a safer environment for cyclists on the road.

The code now specifies safe passing distances; when overtaking cyclists at speeds under 30 mph, drivers must leave at least 1.5 metres (5 feet) of space. This distance increases at higher speeds. For horse riders and horse-drawn vehicles, drivers should reduce their speed to under 10 mph and allow at least 2 metres (6.5 feet) when passing.

Understanding the Penalties

Failing to comply with these new rules can lead to penalties for drivers. The exact penalty may vary depending on the severity of the offence, but drivers can expect to receive one of the following:

Fixed Penalty Notice: This is a fine typically issued for minor offences like passing too closely to a cyclist or horse and the amount can vary but usually falls between £30-£100.
Points on Licence: More serious violations, such as causing a cyclist or horse rider to swerve due to dangerous driving, could result in up to 9 penalty points being added to your driving licence. Accumulating too many points can lead to disqualification.
Court Prosecution: In cases of dangerous driving or causing serious injury/death, drivers may face prosecution in court. This could lead to a significant fine, licence disqualification, or even imprisonment.

Careless v Dangerous Driving

In the UK, careless driving and dangerous driving are two distinct offences under the Road Traffic Act 1988. Careless driving, also known as driving without due care and attention, refers to a lower level of negligence or lack of attention while driving, which falls below the standard expected of a competent and careful driver. This may include actions such as tailgating, using a mobile phone while driving, or failing to give way at a junction.

Dangerous driving, on the other hand, involves a higher degree of risk and potential harm, encompassing actions that significantly depart from the standard of a prudent and competent driver. This can include aggressive driving, excessive speeding, or driving under the influence of alcohol or drugs.

The key distinction lies in the level of risk and potential harm associated with the driver's actions, with dangerous driving carrying more severe penalties due to its higher level of recklessness and potential for causing serious harm or injury.

Importance of Dashcams

Dashcams play a crucial role in capturing footage of violations of the Highway Code, providing tangible evidence of incidents where drivers have failed to comply with road regulations. The footage recorded by dashcams can be instrumental in corroborating accounts of road users, particularly in cases involving dangerous driving, careless overtaking, or collisions.

Furthermore, dashcam footage is admissible as evidence in courts, offering a reliable and objective record of events that can support legal proceedings and help determine liability. As such, dashcams not only serve as a deterrent to reckless driving behaviour but also contribute to promoting accountability and upholding road safety standards by providing clear and irrefutable evidence of Highway Code violations.

A Positive Step

The updates to the UK Highway Code highlight the importance of giving vulnerable road users sufficient space and being mindful of their presence on the road. The penalties for non-compliance serve as a deterrent to ensure that drivers adhere to the new regulations and prioritise the safety of cyclists and horse riders. Ultimately, these changes are a positive step towards creating a more harmonious and secure road environment for all users.

Noble Solicitors possess extensive expertise in assisting clients with the preparation and presentation of careless driving cases. With a deep understanding of the legal system, we offer comprehensive support and guidance to individuals facing potential driving bans for failing to stop and report an accident. Our team of skilled solicitors works closely with clients to gather compelling evidence and construct persuasive arguments to defend legal actions taken against them. We are dedicated to leveraging our knowledge and experience to help clients navigate this complex process and achieve the best possible outcomes.