New Highway Code Rules
Comments
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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.
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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.
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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.
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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.
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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!
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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
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Micky I think you will find that the whole of the Code is guidance or rules. Some is guidance giving perceived common sense and some guidance towards statutes (laws) that are considered to be applicable to the guidance given. HMG explains it thus:
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.
😜👍
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Prudence dictates that you don't step in front of a moving vehicle and as for coming up the inside of a vehicle that has already indicated that it is turning left.... One way of addressing over-population I suppose.
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The NEW highway code does not tell people to walk out in front of vehicles, It states at JUNCTIONS if a pedestrian is waiting to cross, or is crossing the car should stop, and give way
Even under the older highway codes, Pedestrians had right of way at junctions, if crossing.
The big difference is the hierarchy that been applied0 -
Apparently Assistance Dogs and Guide dogs are trained to wait at kerbs until NO cars are present. The dogs won't cross until cars drive on past. The new rule means drivers will stop and try to wave pedestrians across. But they won't cross the road and you will only hold them and yourself up.
Looks like to stay legal one must now drive on and come back later.
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Just seen this video, it's in the news as well and wondered what people's view are.
£417 Fine and 5 Points for Careless Driving
As the car crossed the white centre line I'm with the cyclists - no doubt at all.
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Absolutely. It’s as if he swerved towards the cyclists and made no attempt to avoid them. Me, I would have been braking and near clipping the hedge.
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Yes the car was over the white line , but the cyclist to me seemed to go passed the parked car with more room than was possibly needed, but there is only a small section of video and none from the driving cars perspective, a harsh fine when you see what other drivers get away with .
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I think cyclists usually give parked cars a wide berth in case a door is opened without warning. I suspect the oncoming car was travelling at such a rate that the cyclist probably had very little chance to change course and in any case would not have expected the car to cross the line.
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No ifs nor buts the driver is at fault. I struggle to see how any experienced driver can condone that low level of awareness & driving. On collision a car gets a dent & a cyclist has life changing injuries or death. Anyone with such disregard for human life should be banned & made to resit a test before getting behind the wheel.
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What we can’t see is any potential reason for the car crossing the white line…..dog just about to launch itself in front of the driver who instinctively attempts to avoid etc? What we may then be seeing is the car returning to its rightful position immediately following avoidance of collision. The driver could be praised for having made a successful judgement about collision avoidance - cyclist and dog (or whatever). The cyclist may have contributed to the hazard due to their inappropriate positioning for no apparent reason? ‘Excessive speed’ - where’s the evidence for that?
Its dangerous to rush to judgement and impose harsh penalties when you can’t see the full picture and/or have an agenda about these things. Plenty of ‘ifs’ and ‘buts’ in a balanced perspective.
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The Police & courts & me are on the same page👍🏻. Apologists for bad & dangerous drivers will only ever cost lives. Harsh but true. BTW-the cyclists where in their passing position of the badly parked car before the idiot driver swerved into the oncoming cyclists side of the road.
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All your points will have been dealt with in the course of the prosecution, SB, and the defendant will have had chance to put forward any factors of mitigation so I think we can safely assume there is no rush to judgement here.
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I cycle regularly now. One of first things my OH said to me was “ if passing a parked car, ride wider than the door” People open car doors without a thought for what might be coming down the road. I think there’s a bit of a campaign to try and get folks to do the “Dutch reach” which uses the left hand in this country. Makes you turn round and look.
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Just watched the video. Sadly, that’s a fairly typical situation when out cycling. Car parked so you have to go round, oncoming traffic loathe to slow down or move over a little more away from central white line. More and more cyclists are using very good cameras now, front and rear, so hopefully, once the message gets through to those who show little respect for pedestrians, horse riders and cyclists, things might improve.
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As said in the video and in other reports of this in various places if the driver had stayed within his/her lane then very probably they would not have been prosecuted. Some reports also appear to think the driver did it on purpose to 'annoy' the cyclists?
One dented wing mirror v one possibly very injured or worse cyclist, not much to think about and I believe the police and courts got this fully correct, thanks for all the replies.
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It does make me think I should invest in a camera. I was thinking of getting one just to record the outings but also for this.
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Another such video and more points from the first one: https://www.youtube.com/watch?v=IdyjmaAGLjg
No one can excuse the driver here (I hope), but I note he originally pleaded not guilty!
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I made my OH buy two Corners, one front, one rear. They are incorporated into lights, and playback is excellent. He’s been knocked off his bike twice by motorists, both times needing outpatient treatment, and time off work, thankfully nothing worse. I am very selective about the routes I ride, don’t have his courage I’m afraid. It does seem to depend a little on where you ride. If it’s an area where lots of folks commute regularly on bikes, say Peterborough, we found drivers and pedestrians more in tune with cyclists, all showing a bit more respect. Round us, it’s a ruddy free for all, very disrespectful drivers without a care for anyone else on roads, be they walking, riding, or even driving! So a camera is a must.
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I take it you are a follower of the Black Belt Barrister MrC👍🏻, I singed up a ways back as he has some corking(free) advice👍🏻. It’s impossible to condone that level of lunacy tbh, it sickens me that some folk have such a little respect for others lives☹️
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