New Highway Code Rules

There is no answer, that’s why being a lawyer is so lucrative. A law is created by statutory instrument - fairly straightforward. Anything else is conjecture - opinion and judgement. It may rely on case law for resolution, but on the day you may get two different answers to the same issue.

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That scenario will play out regularly  e.g. cyclists with ‘attitude’ exercise their new rights before engaging brain and/or HGV driver (who hasn’t embraced a love of cycling) hasn’t read his new copy of the Highway Code. 

It is not just HGVe drivers when we are towing it happens. , I try to keep near to the kerb unless turning left. When I need to make a wide turn with the van on the hook

We have numerous cycle paths and joint pedestrian/cycle paths but cyclists use the roads  the highway code missed a trick when the rule to make it ilegal to ride a cycle on the road when cycle parths were available

I can see a couple of issues, cyclists undertaking at speed combined with a vehicle turning left, this makes it difficult to spot the cyclist.

Also where herds of pedestrians excercise right of way. This has always happened mostly in cities, I guess taxi drivers will have to be patient now.

 

Hi Micky, I smiled when I saw your post as it reminded me of a line in a Billy Connelly story about buying shampoo "Oh Sir, if only it were so simple".

The answer to your question is, yes, it is deliberately grey, and as TW has mentioned you only need to look at what has been in place re Covid for examples.

The example I often use is that, in fire legislation statutory guidance, the descriptor of a competent person contains the phrase "A person with enough training and experience or knowledge and other qualities" 

Ask yourself, what is enough, what other qualities, how much knowledge replaces training AND experience etc etc

As I understand the reasoning, from working with fire related legislation, shall/must creates a legal requirement-you have to do it-however, as there may be foreseeable reasons why you cannot meet that requirement it is couched as 'should'.

Any deviation from the expected action would have to be justified and evidenced to avoid further action.

One issue mentioned is that of a lack of awareness and comments have been made that we should all be aware of the Highway Code.

Anyone who has been to Bodmin in Cornwall may have driven along the section of road where light controlled pedestrian crossings have been removed, under what is termed a "shared space scheme".

Under the scheme road signs, traffic lights and markings have been removed leading often to a 'will they wont they' hesitation, for both pedestrians and motorists, because the vast majority on non locals have no idea that such a scheme exists, and the only signs are so small that reading them, even driving at 20 MPH, is near impossible.

I have heard a comment, from I believe a Cornwall Councillor, that one of the reasons it works is that, as people are not sure what it is they drive more slowly and give way more readily at the crossing points which are of a different surface that the carriageway. 

He may be right, but lack of awareness means, at some point, the aware person, who is attempting to cross, will meet the unaware motorist who is not expecting them to step out in front of a moving vehicle.

 

We have something similar here A&J.

In the centre of town the road surface changes and local folks have become accustomed to it being a right of way straight across the main street. All local drivers tend to stop now if they see someone waiting but it does cause some consternation when non local drivers are passing down the high street, admittedly at a sedate pace, when a local just steps out as if they have the right of way. Heard a right old barney going on the other day with just such a scenario.  It would have been easier if the council had put a zebra crossing there or lights. I've seen pushchairs with toddlers in moved into the road without a seconds thought and I'm sure it's only a matter of time before someone is killed or seriously injured there.

 

As A&J implied, Bodmin is a nightmare of an example. Is it a roundabout or isn’t it a roundabout, should I give way or keep going? Utter madness!

All situations differ. I cycled the 5 miles each way to work for about 15 years. Leaving house at 6am when roads were empty it was safer to use the roads than the dedicated cycle paths. These were usually unlit and heavily overgrown to the state that they were impassable in places. Thorns and often broken bottles did little for my tyres.

My return journey at 4pm coincided with school children. The dual cycle path/pavements were more dangerous than the roads at this time so I could not use them.

As I said, every situation differs and I have at times found and used some excellent cycle paths.

 

Colin