29 March 2006

Proposed Highway Code threatens your right to cycle on the road

The Highway Code is supposed to enhance safety and use of our roads yet proposed changes will have the opposite effect adding to some already unhelpful wording.

Most significant of these changes will be to Rule 45 (new Rule 58) where cyclists are currently told to 'Use cycle routes when practicable. They can make your journey safer.'. Dodgy advice in itself but it is proposed to read 'Use cycle routes when practicable and cycle facilities such as advanced stop lines, cycle boxes, and toucan crossings where they are provided, as they can make your journeys safer'.

This wording allows no discretion whether to use these facilities or not. Sadly this is no mere academic wordplay, insurance companies are increasingly taking advantage of the Highway Code to resist claims from cyclists by using it to claim contributory negligence even where the cyclist is entirely blame free. Insurance companies are particularly keen on exploiting rule 45 that says that you "should" wear a cycle helmet (despite there being no irrefutable evidence proving that helmets should be worn). Even though no court has ruled in favour of these claims, the Cycle Campaign Network claims that many have accepted damages reduced by 20 to 50 percent to avoid the trauma of a court case or because they have been advised by poorly informed lawyers. With the proposed wording if you are unlucky enough to get hit and there is any sort of cycle facility nearby then it is likely that the insurance company will claim contributory negligence.

Act now!

Find out more on the CTC site and join the CTC's email campaign to lobby your MP.

Reply to the Driving Standards Agency's consulation using either:

email your submission to publications.dsa@safedriving.org.uk.

This is urgent and needs to be done by May 10th.

We are currently building up a collection of images of poor cycle facilities.