Close up of bicycles on the road

ACSO responds to the Department for Transport consultation on the proposed changes to the Highway Code

Posted on Mon, 26/10/2020

Rachel Cairnes, policy and public affairs adviser at the Association of Consumer Support Organisations (ACSO), responded to the Department for Transport consultation on the proposed changes to the Highway Code.

Cairnes explained that the review is relevant to ACSO’s work in helping to ensure the UK’s roads are safe for all who use them, thereby reducing the overall number of casualties.

On the introduction of the hierarchy of road users, Cairnes said: “We agree with the need to ensure those road users who can do the greatest harm appreciate they have the greatest responsibility to reduce the dangers or threat they may pose to others.

“However, the hierarchy is unlikely to produce any significant or desired effect without the introduction of a system of presumed liability. This element of civil law is one that finds more powerful road users (such as motorists) to be liable by default in the event of any type of collision involving a [vulnerable road user (VRU)], unless it is proven that the VRU was at fault. This would see the burden of proof shift from the injured VRU to the motorist. The introduction of the hierarchy of road users would not change the burden of proof as it currently stands, where it is up to the VRU to prove civil liability (on the balance of probabilities) to bring a claim for damages. For this reason, we welcome that the Department for Transport has initiated formal research on presumed liability, and we look forward both to contributing to this and to the publication of its findings in due course”.

Cairnes highlighted how the consultation document does not provide any information on how the government intends to communicate any changes which will be made to the Highway Code. ”The significance of effective communication cannot be overstated, not least when research shows that road users only read the Code when studying for a driving test or another transport qualification. For example, a recent survey by Admiral found that 9 in 10 road users have not read the Highway Code recently, with over 40 per cent of road users not having looked at the Highway Code in more than 20 years.

“It is essential that new and experienced drivers, as well as other road users, are informed of any changes to the Highway Code. As such, we urge the Department for Transport to engage with the industry and develop a public-awareness campaign to provide as many road users as possible with appropriate knowledge, skills and attitudes so that they use the roads in a responsible manner.

“As a broader point, greater incentives are needed for individuals to undertake ongoing training following the passing of driving tests, compulsory basic training (CBT) motorcycle and moped courses and other qualifications. Not only will this ensure that a greater percentage of the public is familiar with the rules of the road but will help to guarantee that older drivers remain competent behind the wheel”.

The consultation document states the consideration of micro-mobility vehicles, including e-scooters, does not fall within the scope of the current views. “In light of the ongoing trials of rental e-scooters, and the Transport Select Committee’s recent endorsement for their legalisation, there is a need to consider how the Highway Code will accommodate micro-mobility vehicles. This is particularly pressing given the significant impact e-scooters can have upon other road uses, with an e-scooter trial in Coventry pauses after five days following concerns about pedestrian safety and the number of e-scooters being discarded across the city.

“It is imperative that the Highway Code keeps pace with changing technology and modal shifts. Therefore, we urge the Department for Transport to conduct an in-depth review of the Highway Code in the event that e-scooters become legalised in the UK”.

ACSO members can read the submission in full on the members’ area of the website.