Confusion over traffic rules highlighted as pedestrian fatalities rise

Crossing the road used to be relatively easy. Now there is confusion. Some pedestrians walk quietly in front of cars, thinking they have the right of way – and that may well be the case. Some drivers stop respectfully and – rightly – beckon anyone on foot to cross unhindered. Other motorists honk angrily when an annoying pedestrian dares to get in their way.

The chaos is the result of revisions to the Road Traffic Act in late January 2022. The aim was to make roads safer for vulnerable users, including pedestrians and cyclists. But the latest data shows a persistent increase in fatal pedestrian crashes since the changes were implemented.

Jack Cousens of the AA said: “Have the new rules brought about the changes that people wanted to see? If we look at the statistics, it is clear that they have not had the desired effect.”

What do the statistics say?

Official figures are not exactly pleasant to read for the Department for Transport (DfT). The latest preliminary statistics show that 407 pedestrian deaths occurred in 2023, up from 385 the year before. Compare last year with the year before for The Highway Code has been revised and the number of pedestrian fatalities has increased by 13 percent.

The good news is that overall, pedestrian casualties in 2023 are down a little bit compared to the year before. But they are up 15 percent compared to 2021, before the Code changes.

Why did this happen?

There appears to be a consensus that the DfT has not publicised the changes well enough.

When the charity IAM RoadSmart surveyed motorists a few months after the changes were introduced, it found that one in five motorists (20 per cent) were unaware of the revisions to the highway code. The same survey showed that half of motorists (51 percent) thought the government had communicated the changes poorly.

The AA’s Cousens agreed: “We did a survey at the time and found that there wasn’t as much awareness as there should be. Enough has been done [by the DfT] for a vehicle license holder to know about the new rules? Maybe not. Even two years later, how deep is the knowledge that there has been a change?”

Research by rival organization RAC earlier this year showed that knowledge about the change is not particularly deep. It showed that half of motorists (51 percent) think the changes have made no difference. Less than a quarter of motorists (23 percent) say they always give priority to pedestrians when entering an intersection. Less than half (48 percent) say they give priority most of the time and only a fifth (19 percent) always give priority.

RAC road safety specialist Rod Dennis said: “The principle of the changes was consistent with the road user hierarchy, but how do you translate the revisions? There should have been more communication and that still needs to happen. The statistics are starting to reflect that.”

Cycling UK’s director of external affairs, Sarah McMonagle, added: “The two underfunded and short-lived public awareness campaigns launched by the government were wholly inadequate. The light-touch approach caused massive public confusion and the spread of inaccurate reports about the impact and effects of the new traffic rules.”

And a report late last year from the Commons’ Committee on Public Accounts, entitled Active travel in Englandcriticised the way the DfT has publicised the changes. It said: “Public concerns about safety continue to be a barrier to more people taking up active travel (walking and cycling). To address this… revisions to the Road Traffic Act must be communicated effectively.”

What were the changes to the Highway Code?

The Department for Transport introduced a significant number of changes to the Highway Code in January 2022. The aim was to protect vulnerable road users and encourage people to walk and cycle more, for the sake of health and the environment.

These include what the DfT called a “hierarchy of road users” to ensure that those who can cause the greatest harm have the greatest responsibility to reduce the threat they pose to more vulnerable road users. So lorry drivers have more responsibility than car drivers, cyclists more than pedestrians, and so on.

The changes emphasized that traffic must give priority to people crossing or waiting to cross at an intersection. And it added that pedestrians have priority once they have started crossing at intersections and traffic wants to enter the road.

There are strict penalties for drivers who do not follow the rules. Drivers who turn in front of a pedestrian may be prosecuted for driving without due care and attention. This will result in three to nine penalty points on your driving license and a fine of up to £2,500.

What should happen next?

The AA claims the DfT could have done a lot to warn people about the changes to the driving rules. Cousens told us: “It could have done a few simple things that would have helped drivers. By putting out a leaflet with reminders for car tax or MOT, you would ensure that the message gets to every driver, not just those who happen to hear a radio advert.

“In a broader sense, road safety is no longer seen as a priority by the government. We believe that reducing road safety objectives should be in every party’s manifesto. If there were as many deaths in other areas as on the roads, there would be public inquiries left, right and centre.”

The RAC agreed. Dennis told us: “Not enough attention has been paid to road safety. Is changing some words in the Highway Code really enough to change people’s behavior? It is often said that we already have some of the safest roads in Europe. But we no longer find that acceptable. Deaths and serious injuries continue to occur.”

Walking charity Living Streets was involved in the work on the Highway Code revision. Its policy and research manager Dr Rachel Lee told us it was too early to judge whether the changes had had an impact. She said: “If in five years’ time there’s still no improvement, then we’ve got a problem.”

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