Further law changes could be made after Highway Code rules over road accident fears

Highway Code changes slammed by Steve McNamara

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Peter Loughlin, solicitor specialising in motoring law at Stephensons, raised concerns about whether enough road users are aware of the new rules and what they mean. He said more structured sentencing guidelines may be required to keep up with the changes, especially since some drivers may be unaware that they were driving dangerously following the law change.

Mr Loughlin commented: “There is no doubt that better protection for more vulnerable road users has been long overdue and the changes in the Highway Code will go some way to close that gap.

“There has been much debate since the announcement of these rule changes as to whether they now go too far the other way.

“In motoring law terms, there could be more of a marked difference between how the courts deal with different road users who commit the same offence.

“The test for careless driving, for example, is to consider whether the standard of driving has fallen below that of a competent and careful driver.

“We may now see a clearer distinction between how a motorcyclist’s driving is assessed compared to that of a HGV driver given their different positions in the new ‘hierarchy of road users’.

“There is already a distinction within the sentencing guidelines for offences of this type for those driving heavier, more dangerous vehicles.

“It may be that the new structured hierarchy sees the need for new, more structured sentencing guidelines.”

The Highway Code changes are designed to enhance safety for all road-users – particularly those most at risk – and will be introduced tomorrow, January 29.

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The “hierarchy of road users” will ensure quicker or heavier modes of travel have the greatest responsibility to reduce the danger or threat they may pose to others on the road.

Peter Loughlin added: “In the immediate term, however, there still appears to be an uncertainty surrounding how these new rule changes will be acted on by road users and how they will be enforced by authorities.

“The concern is whether motorists and other road users are aware of these new rules and what they mean.

“Whilst the volume has been gradually turned up, I’m still unsure whether the message is actually being heard.

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