Draft Revision of the Highway Code

Earl Attlee Excerpts

Thursday 27th January 2022 Lords Chamber

I hope the Minister can offer some comfort on these specific issues in her response today.

[Earl Attlee (Con)]

My Lords, I am grateful to the noble Baroness, Lady Jones, for raising this important issue. It is not usual for noble Lords to claim in debate that they do not know what they are talking about but that is the position I find myself in. This is despite being, I think, the only person in either House who is an HGV driving instructor, albeit out of date. I will speak from the perspective of a vocational driver.

Yesterday, I tried to obtain a copy of the new Highway Code from WHSmith in Petersfield. I was told that new copies were not due in until April; they had none of the old. I then tried to download an online version but could find only the existing code and the amendments to it, not some form of PDF or the like that would show me the whole code, complete with graphics. Even your Lordships’ Library could not do better and we are grateful for the briefing that it has supplied.

Outside your Lordships’ House, I have detected considerable concern about the new and/or amended rules. I hope that my noble friend the Minister will be able to allay some of that. It is important to read these new provisions in the context of the whole code and with the benefit of the excellent and clear graphics that we have come to expect in it. We do not have that, which is why I claim not to know what I am talking about. Most motorists will be in the same position, yet the code comes into operation on Saturday, if I understand matters correctly.

Notwithstanding my limitations, I have a few points to make, which are shared by many who I talk to. Ever since I first drove an HGV in about 1976, I have recognised, as I was taught, that there is a hierarchy of road users. The HGV drivers were at the top while pedestrians and children were at the bottom, and most vulnerable. I am therefore perfectly content with the new hierarchy. It seems that the whole point of vocational or professional driving is to ensure that the needs of other road users are respected and met. The noble Baroness, Lady Jones, made the point that might is not right; she is perfectly correct, and I was always trained and taught that HGV drivers should not abuse their bulk or weight.

On priority for pedestrians at junctions when a vehicle is turning off the main road, it seems that the Minister has placed an imaginary zebra crossing at every such junction. However, a zebra crossing has several other features to enhance safety. There are the flashing yellow lamps and the zig-zag lines that have the effect of prohibiting waiting, unloading, parking or overtaking. When I was training HGV drivers to negotiate a zebra crossing, I would make sure that they identified the hazard in good time and ensured that there was no possibility of any pedestrian getting to the crossing before they did. This is easy enough, because of the layout that I have referred to. There should never be a need for heavy braking, let alone an emergency stop, on the approach to a zebra crossing. However, the same cannot be said for these junctions and, not having been able to study the code properly, I and others are deeply concerned. I hope that my noble friend the Minister can provide reassurance.

Turning to the new rules regarding cyclists, I have always been trained to respect cyclists and take special care with them. As your Lordships would expect, I always do so. I am currently undertaking a lot of driving on rural A roads and unclassified roads. I understand my travel time to within a few minutes on a 45-minute journey. When there is no possibility of safely passing a cyclist or a group of them, I will hang back so that they can enjoy their ride without feeling under pressure. When conditions are more propitious, I will move closer and overtake safely, giving them plenty of room. This is what they expect of me.

Meeting the needs of cyclists, which I am happy to do, never causes me measurable delay on my journeys. Since the Conservative-led Government so wisely increased the speed limit for HGVs on a single carriageway, neither do HGVs. What does cause significant delay is a few older motorists driving at far below the prevailing speed limit. In my opinion, they would fail if on a driving test for failing to make normal progress. Not only can I not pass them safely, HGVs cannot do so either but that is not the problem for today. My concern is that the side-by-side rule for cyclists, which I hope my noble friend the Minister will carefully explain, will have the same effect as a car being driven far too slowly and without the possibility of a safe overtake. It could not only increase journey times but seriously damage the relationship between responsible and skilled motorists and cyclists, as pointed out by my noble friend Lady Hodgson.

I have one technical question for the Minister regarding the code but I expect that she will have to write to me. The code makes it clear that a warning triangle should not be placed behind a broken-down car, especially on a motorway. There must be a good reason for this but it is contrary to advice, and sometimes to the law of many countries on the continent. Our continental friends do not get everything right in terms of road safety. Can my noble friend please write to me and other noble Lords speaking to explain the reasoning for this rule? My greatest concern is the non-availability of the Highway Code in its complete form, so that we could understand what is meant in the whole document.

[Baroness Randerson (LD)]

My Lords, I thank the noble Baroness, Lady Jones, for bringing this debate to the House today. I agree completely with the concerns expressed by those noble Lords who have already spoken in it. Having said that, of course one welcomes an update to the Highway Code. I welcome the reordering and clarification of the hierarchy of road users and the concept of basing it on vulnerability. I also welcome that there is a precise spelling out of the rules on cycling and safety.

However, it is surreal that e-scooters are not mentioned in this document. I realise that the Minister will tell us that the Government are waiting for the pilot project results but, in the meantime, tens of thousands of them are out there on our pavements and driving heedlessly through red lights. There is a great deal, which is welcome, on how to deal with horses. I live in an urban area; I have lived in my house for 40 years and cannot recall ever seeing a horse walk down the road, but every day I see dozens of illegal scooters going down it. It is all the more concerning because rule 42 refers specifically to mobility scooters being allowed on pavements. That is right, of course, but given the present information vacuum it is likely to mislead people. Even a simple restatement of the current rules—that e-scooters are illegal, except in pilot areas—would have been a welcome clarification.

I also share the concern that, as I read it, having spent many millions of pounds on developing cycle lanes, which was greatly welcome, cyclists do not actually have to use them. One of the great things about cycle lanes is that, as a motorist, I can say that you know where the cyclist should be, so you know how to use them. The fact that cyclists may now feel that they can, rightly, go to other parts of the road is a matter of concern.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

That is exactly what I am trying to say. A “should” or “should not” that is in the code can be used. Going back to my noble friend Lord Attlee’s point about an HGV and a cyclist going around the corner and having an incident, whoever is at fault, the fact that they were going against the Highway Code would be a factor if it were ever to reach court. But this is not necessarily about the changes—

[Earl Attlee (Con)]

My Lords, it was not my point; I think it was made by the noble Lord, Lord Tunnicliffe. But I would like to intervene and point out that an HGV driver is trained to never endanger a vulnerable road user. The only problem arises when the HGV driver, for one reason or another, is not aware of the vulnerable user’s position.

[Baroness Vere of Norbiton (Con)]

I am grateful to my noble friend for pointing that out. I apologise for assigning the wrong speaker to that point, but it remains the case that noble Lords should be cognisant about what the Highway Code is and is not, and what certain rules in there are or are not. Some reflect what the underlying law says, and others are in the code because they are guidance on how one operates the road system. I will not dwell on that further, otherwise I could go into a long treatise on road safety and how it works. Let us not do that, because I want to come back to communications.

We are going to use the free channels as much as possible, via the press notice and our trusted stakeholders, and we will then use the THINK! campaign. The code will come out over the weekend, once the parliamentary process has been completed. Therefore, our paid campaign will start in February; the noble Lord is quite right. It will be badged under the very successful THINK! campaign, and over half a million pounds has been targeted towards that. The communications plan has been tested with all trusted stakeholders. It is slightly different from the old days—the Clunk Click days—because, of course, audiences have massively atomised, so they may not see something on a terrestrial television network. Quite frankly, I have not heard of many of the channels we use either, but I am reassured that people actually watch them.

I turn very briefly to some of the points raised. On the timing of the communications, there is the initial hit in February. Obviously, we will continue with that and will have another burst as we head into the summer because that is when cycling becomes a greater issue.

Should e-scooters be allowed on British roads, we would revise the Highway Code accordingly.

I will come back to the issue of rural roads. I spoke to my noble friend Lady McIntosh yesterday about this, and she asked if I had ever driven on a rural road—yes, I have, and one of the things I am astounded by is the speed at which people travel on those roads. We know that they were never designed for cars. They started off as tracks from one village to another. Many vehicles hare along them at great speed, and they are some of our most dangerous roads in the country. I am afraid that if you cannot overtake a horse because it is on a rural road—I take my noble friend Lady Hodgson’s point that the horse rider might want to just move over periodically—you will just have to wait behind the horse. It is okay; nothing bad will happen. You should do that instead of trying to squeeze your way past and haring off into the distance on a very dangerous rural road. We have to calm down on those sorts of roads, because they are incredibly dangerous. They kill far more people than cyclists are killed. We really need to get back that respect for cyclists, horse riders, pedestrians—all the people who are out enjoying the countryside.

On my noble friend Lord Young’s point, I can say that we have recently revised LTN 1/20, which sets out how cycling infrastructure should be constructed. That will, of course, enable us to spend the money—about which I am going to write to the noble Lord, Lord Tunnicliffe, because I sense that I am running out of time and the House has a Bill to be cracking on with.

I will very happily write with further details. On the point on the shortage of paper, I had no idea that that was the reason, but I am aware that we do not update the Highway Code in paper copy very often. As the noble Baroness, Lady Randerson, will be aware, we updated the Highway Code for the smart motorway changes. Again, we would not have reprinted it after that, but most people do not access the Highway Code via a printed copy.

I will certainly go back and look through Hansard, because so many good points were raised and I have not been able to cover them all. I am grateful to all noble Lords.