With the number of pedestrian fatalities on the rise, the confusion in the road traffic law has been highlighted

Crossing the road used to be relatively simple. Confusion reigns now. Some pedestrians will calmly walk in front of cars and think they have the right of way – and they may be. Some drivers will respectfully stop and – quite rightly – ask anyone on foot to cross. Other motorists honked their horns angrily if any pesky pedestrian dared to cross their path.

The chaos is the result of revisions to the Highway Code from the end of January 2022. The aim was to make roads safer for vulnerable users, including pedestrians and cyclists. However, the latest figures show a steady increase in pedestrian fatalities since the changes were made.

The AA’s Jack Cousens said: “Did the new regulations bring the changes people wanted to see? If we look at the statistics, it suggests that they did not have the desired effect.”

What do the statistics say?

The official figures are not looking too good for the Department for Transport (DfT). Its latest preliminary statistics show 407 pedestrians killed in 2023, up from 385 the previous year. Compare last year with this year before the road law was revised and there was a 13% increase in fatal pedestrian accidents.

The good news is that the total number of pedestrian fatalities in 2023 is down by a tiny amount compared to the previous year. However, compared to 2021, before the code changes, they are 15 percent higher.

Why did it happen?

There seems to be a consensus that the DfT has not done a good enough job of publicizing the changes.

When the charity IAM RoadSmart surveyed drivers a few months after the changes, it found that one in five drivers (20 per cent) were unaware of the revisions to the road code. The same research found that half of drivers (51 per cent) think the government has done a poor job of communicating the changes.

AA’s Cousens agreed: “We did some research at the time and found that awareness was not where it should be. Enough has been done [by the DfT] so that every driver’s license holder knows about the new rules? Maybe not. Even after two years, how deep is the awareness that there has been a change?’

Research by rival organization the RAC earlier this year suggested knowledge of the change was not very deep. It found that half of drivers (51 per cent) thought the changes had made no difference. Less than a quarter of drivers (23 percent) say they always yield to pedestrians when turning into an intersection. Less than half (48 percent) say they usually prefer, and only a fifth (19 percent) always prefer.

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

Sarah McMonagle, director of external affairs at Cycling UK, added: “The two underfunded and short-lived public awareness campaigns commissioned by the government were completely inadequate. The “light-touch” strategy has caused mass public confusion and the spread of inaccurate reports about the impact and effects of the new road traffic law.”

And a report from the end of last year from the Commons’ Public Accounts Committee called Active travel in England, criticized how the DfT published the changes. It says: “Public safety concerns remain a barrier to more people taking up active travel (walking and cycling). In order to address this… the revision of the Highway Code needs to be communicated effectively.”

What were the changes in the road law?

The Ministry of Transport introduced a significant number of changes to the Road Traffic Act 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 included what the DfT called a “hierarchy of road users” to ensure that those who can cause the most harm have the greatest responsibility for reducing the threat they pose to more vulnerable road users. So truck drivers have more responsibility than car drivers, cyclists more than pedestrians, and so on.

The changes emphasized that traffic should give priority to people crossing or waiting to cross at a junction. And he added that pedestrians have priority if they have started to cross at intersections and traffic wants to turn onto the road.

Drivers who fail to comply face severe penalties. Drivers who swerve into the path of pedestrians can be prosecuted for driving without due care and attention. This results in three to nine penalty points on your license and a fine of up to £2,500.

What should happen next?

The AA argues that the DfT can do a lot to make people aware of changes to road rules. Cousens told us: “It could have done a few simple things to help drivers. By inserting a vehicle tax or MOT reminder leaflet, you will ensure that you get the message to every driver, not just those who happen to hear the advert on the radio.

“More generally, it is a case that road safety is no longer considered a priority by the government. We think that restoring road safety targets should be in every party’s manifesto. If there were as many deaths in other areas as there are on the roads, there would be public inquiries left, right and centre.’

The RAC agreed. Dennis told us: “We haven’t focused enough on road safety. Is changing some words in the road code really enough to change people’s behavior? It is often said that we already have some of the safest roads in Europe. But that is no longer acceptable in our opinion. People are still being killed and seriously injured.”

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

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