RDRF SUBMISSION - HIGHWAY CODE REVISION 1998

Introduction

The Road Danger Reduction Forum (RDRF) is a fully constituted body whose membership is drawn from Local Authorities. More than forty Local Authorities have now signed the Road Danger Reduction Charter. The Forum supports a new agenda for road safety based on reducing danger at source and promoting equity and accessibility for non-motorised road users. The ideas of the RDRF are also supported by organisations such as Transport 2000, RoadPeace, the Pedestrian's Association and the Cyclists' Touring Club. Most notably, in 1996 the House of Commons Transport Select Committee in it's report 'Risk Reduction for Vulnerable Road Users' drew heavily upon the written evidence submitted by the RDRF, accepting the overall position we had presented.

The RDRF welcomes the chance to revise the Highway Code and is pleased to have an opportunity to contribute to this process.

General comments on the Highway Code

The Highway Code is an important and potentially useful document because:

• It is a document which is read by motorists during at least one period of their lives.
  
  
• If all the rules and advice specified in the Highway Code were obeyed and followed by all of us at all times, the millions of collisions, hundreds of thousands of injuries, and thousands of deaths occurring annually on the roads in Britain would be very substantially reduced.

However, it must be remembered that:

• At any one time, most road users are not fully aware of all the provisions of the Highway Code
  
  
• A large proportion of the public do not appear to consider that many of these provisions apply to them. For example, at any one time, large proportions, if not a clear majority, of motorists disobey laws on speed and advice on matters such as headway distances. A road side observation of just visible behaviours indicates widespread lack of respect for the provisions of the Highway Code.
  
  
• There are laws and advice which most of us are aware of and feel we should obey (i.e. driving through red traffic signals), but which many motorists will still disobey through lack of adequate care and attention. This may occur through incompetence or a general lack of commitment towards driving with a proper level of respect for the health and safety of other road users.
  
  
• Much of the Highway Code has the lesser status of advice rather than law.
  
  

This failure of road users to behave properly is recognised by road safety professionals who have had a commitment to try various methods other than formulating and presenting the advice and rules of road user behaviour, with the aim of protecting road users, principally through road and vehicle engineering.

Protection by these methods has occurred to a large extent for motorists and motor vehicle occupants. Nevertheless, despite widespread road safety interventions there is still a large number of casualties among these road user groups. Furthermore, the increase in motor traffic has increased the major source of danger to so-called 'vulnerable road users', i.e. those road users outside motor vehicles.

In addition, there has recently been Government support for the use of modes of transport apart from private motor vehicles, indicating support for the more benign modes of transport, particularly cycling and walking. An example of this is the targets for increased cycling cited in the National Cycling Strategy.

While the safety of vulnerable road users may be increased by a variety of engineering interventions, it will still be the case that the safety of these road users will depend on the behaviour of motorised road users in their vicinity. Also, road traffic law recognises that the breaking of laws by the motorised is of more severity than that by those with less potential for endangering others (in particular cyclists), or for specifically pedestrian behaviour to which road traffic law does not apply.

It therefore appears to us that particular emphasis should be made in the Highway Code to the special responsibilities of those who have the potential to hurt or kill others, which is principally those who are in charge of motorised vehicles. Sometimes this special responsibility is described as a 'duty of care'. We therefore suggest an inclusion in the Introduction to the Highway Code as follows:-

Introduction to the Highway Code

Replace final paragraph with:

" About 350,000 people are reported injured, about 3,000 people die, and there are literally millions of collisions on Britain's roads every year. Almost all of these would not happen if everybody obeyed the Highway Code at all times: we all have a responsibility to obey these rules.

There is a particular responsibility towards the safety of other road users, especially if they are more vulnerable than you. Those in charge of motorised vehicles have a special duty to all other road users; cyclists have a special duty to pedestrians, and pedestrians a special duty to those on two-wheeled vehicles: just one mistake can mean that you have been responsible for hurting or killing a fellow human being.

It is important to remember that:

· Even if, during a particular period of time, you have not been involved in any accidents, it does not necessarily mean that you were always behaving properly.

· Most of us tend to think we are better at driving and other forms of road use than we actually are.

· Motorised road users do not have special rights on the road which others may not have, whether because of the payment of forms of taxation, or because of possessing greater power and speed.

· Possessing a driving licence of any kind, including licences for large goods vehicles, public service vehicles or advanced driver training certificates, does not mean that you are an expert who has the right to decide what kind of behaviour is appropriate. The behaviour that is suitable is described below in the Highway Code, and is based on knowledge of what leads to collisions on the road.

Comments on specific items in the main text

Our comments are made using the same numbering as the paragraphs in the Document.

RULES FOR PEDESTRIANS

(After 'Rules' insert 'and Advice')

3. Replace 'Be seen' by 'You can help other road users to see you'.

11. after 'bus' add 'or bicycle'

12. after 'bus' add 'or bicycle'

31. Add 'especially' after 'cyclists'

RULES FOR CYCLISTS

(After 'Rules' insert 'and Advice')

46. Replace with:

'Wear appropriate clothing for cycling:-

• Avoid long coats or other clothes which may get tangled in the chain or heels, or obscure lights.
  
  
• It may help you to be seen if you wear light coloured, fluorescent materials and reflective materials after dark.
  
  
• If you chose to wear a helmet, make sure it conforms to recognised safety standards and that it both fits properly and is worn with the chin strap under tension. It may reduce the severity of some head injuries after a low impact accident.'

Illustration above 47 on p.10:

It is not clear whether this situation is in hours of darkness, in which case a front bicycle light should be illustrated. The caption should read 'help yourself to be seen'.

48. Delete 'use a bell..' and replace with

• Show consideration to pedestrians, particularly if they are elderly, children, or disabled (including visually impaired and blind people). Politely alert them to your presence by a verbal greeting or use of a bell in a courteous manner.

50. after 'pavement' add 'unless it has been designated as a cycle track. Children under the age of 9 may use the footway if there is no safe alternative available'.

51. Delete 'always' and replace 'when they are available' with 'when it is practical to do so'.

52. Replace 'Stop' with 'Slow down, and if necessary, stop and dismount'.

58. Please note the comments submitted by the National Cycling Strategy's HGVs and Cyclists Working Party, which RDRF contributes to.

GENERAL RULES FOR DRIVERS AND MOTORCYCLISTS

Insert General Advice sections 123 - 128 at start of section.

83. Insert after '..at all times whilst driving.' 'Even if you can see properly during the day, you may not have adequate eyesight for driving at night or in poor visibility: make sure you have glasses (or contact lenses) for these conditions and use them. If you do not have adequate eyesight for driving in the dark you must not drive when it is dark or likely to become dark.'

88. Add at end:

• Cyclists are affected by unpredictable factors such as potholes, car doors opening or wind. Be aware that they may have to swerve suddenly and be unable to signal in time.

106. Add as third bullet point:

• On country roads it is particularly important to remember that other road users may be around corners. Take particular care to slow down on left-hand bends.

123. In fourth/ bullet point, replace 'the road being blocked beyond a blind bend' with 'beyond a blind bend there may be pedestrians, horse riders, cyclists or the road may be blocked'.

127. Add after 'road users' in the first sentence: ' particularly those that are more vulnerable than you. Your consideration of their safety is your duty and not a favour towards them.'

129.Add:

• Remember that cyclists may be travelling on your inside. Check in your near side wing mirror regularly.

132. Add after 'in the road': 'horse riders and cyclists'.

135. Insert in first bullet point in place of 'your', 'both wing and rear view mirrors'

163. Add after 'normal roundabout' 'always give way to traffic, including cyclists, on the roundabout'

ROAD USERS REQUIRING EXTRA CARE

Insert after 'ROAD USERS' 'AND SITUATIONS'

179. Add after 'inexperienced drivers' 'horse riders'. At the end of the paragraph add: 'You have a particular duty to those more vulnerable than you are: this is a duty and not a favour you are doing them.'

Summary

The RDRF is particularly concerned that a duty of care be emphasised for those with the potential to hurt or kill other road users. We hope that this can be made clear in the Introduction and elsewhere. This is the most important single issue.

With regard to specific items:

• Pedestrians and cyclists may assist themselves in being seen, but can not make themselves be seen.
  
  
• It is important to be aware of the problem of night time myopia ("night blindness")
  
  
• There may be excessive and undue emphasis on the benefits of items such as bells, bright clothing and helmets for cyclists.
  
  
• It is important not to demand that cyclists use cycle facilities. Apart from the fact that many are poorly designed or occasionally obstructed, they are often mainly suitable for particular kinds of cyclist who may be lacking confidence in traffic. Little or no safety or transport policy advantage may be gained from more competent cyclists using them, even if they are well designed and constructed. Even more important, it can create the impression among motorists that cyclists do not have the right to share the road with them, which will be necessary in the vast majority of situations.
  
  
• Wing mirrors are not used enough or adequately by motorists.

Dr. Robert Davis Chairman, RDRF Monday 2^nd February 1998