NEW RULES and REGULATIONS as issued CONCERNING Parking, Cyclists, Pedestrians etc.

[Wrinkly]

 

https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022

As I am sure all of you are aware there have been new Regulations and Rules brought into being concerning Cyclist, Pedestrians, Parking, Overtaking etc., etc.,

A lot of these rules E.G. Parking near junctions, across entrances, facing against the flow of traffic at night etc., etc., are not actually new and have been in existence in various laws and regulations for many years. It seems that the issuing of an update Highway code has been chosen as a media to reinforce many existing matters, as well as creating NEW.

However the new rules regarding cyclists have I believe caused an ambiguous issue to arise in the form of overtaking cyclists on “Double White Lines.” It is now stated that cyclists can be overtaken on double white lines.

“You may cross a double-white line if necessary (provided the road is clear) to overtake someone cycling or riding a horse if they are travelling at 10 mph or less (Rule 129). “

 

What is not written in the gov.uk item (as link at beginning of article, and understandably not quoted) is the fact that there are other acts of law that one must consider in this statement. At one stage The Road Traffic Act deemed crossing a white line to be “an absolute offence”, the witnessing of one wheel over the double white lines was a prosecutable offence. To touch the double white line could be taken to court but depending on the incident and details of the supposed offence was not necessarily a conviction.

However there are now the offences of “Driving without due care and attention” and “Dangerous driving” (not least the offences of death by), to consider. These offences can and I am sure will be used if crossing a double white line to pass a cyclist happens and as a result of so doing an incident occurs. The chances are, if overtaking on double white lines, and an incident happens, the overtaking driver is very likely to be, or have been, on the wrong side of the road. That in itself could then quite readily be evidence of at least driving without due care and attention.

 

All offences convicted regards Driving with out due care and attention and Dangerous driving are usually an expensive and often life changing day at court. It is not only the very heavy fines to consider but also the affects of potentially being disqualified from driving.

 

Taken to extremes the expression “provided the road is clear” could very readily be argued in a court room, that the sheer presence of a vehicle being involved in an incident and on the wrong side of the road, is evidence that the road was not clear.

An overtaking action may have been commenced when the road appeared clear, but if an oncoming vehicle then appeared, and there was not room to regain the correct side of the road and an incident occurred, then a court could readily argue that the provision of “provided the road is clear” had not been regarded. (E.G. that there was not room/distance to overtake and regain the correct side of the road.)

 

Another point of consideration in this day and age has to be the number of cars and cyclists that are now operating cameras is immense and the video footage from these cameras will always be considered as acceptable evidence.

 

This item is not intended to cover all of the new Highway Code Rules and Regulations but is submitted to bring attention to " The Double White Lines" issue and how easy it could be to fall foul of the new rules and regulations.

I fully accept that The Highway Code has never been a Law in itself but it has always been accepted in Courts of Law as guidance on road use and road users and is often quoted in prosecution cases.

 

Please read this in the manner it was intended, “As food for thought and consideration.”  Go Steady and Take Care.

 

Best Wishes and Regards, John.

Edited March 12, 2022 by Wrinkly
grammar