Consultation outcome

Review of The Highway Code to improve safety on motorways and other high-speed roads: Response to the Consultation

Updated 29 June 2021

Executive summary

1. In October 2019, the Secretary of State asked the Department for Transport to carry out an evidence stocktake to gather the facts on the safety of smart motorways and make recommendations. In March 2020, the Smart Motorway Safety Evidence Stocktake and Action Plan was published. One of the actions was to provide more guidance for motorists on smart motorway driving by updating The Highway Code.

2. The Smart motorways stocktake - First year progress report 2021 highlighted the progress being made to discharge this action and made a commitment to publish The Highway Code update in Autumn 2021, well ahead of the original commitment of March 2022.

3. The consultation on the Review of The Highway Code to improve safety on motorways and high-speed roads was held between 1 March 2021 and 29 March 2021. The consultation offered stakeholder organisations, businesses and the public the opportunity to comment on proposed amendments to 33 existing rules, two new rules and six proposed changes to the additional information and annexes within The Highway Code.

4. A total of 3,210 responses, including 19,849 written comments, were received during the consultation period. The majority of respondents to the consultation were in favour of the proposed changes to The Highway Code and welcomed the timing of the changes, agreeing that they would improve safety for users of motorways and other high-speed roads.

5. A proportion of the written responses to each of the consultation questions related to road policy and operational concerns and were beyond the scope of the proposed amendments to The Highway Code. While only feedback on those topics within the scope of the consultation can be used to adapt the proposals, we have reviewed and considered every response. Details of the responses to all the consultation questions and how we intend to adapt the rule wording are summarised in the ‘Responses by question’ section of this summary. Extra comments have been categorised into themes and each theme has been addressed in Annex B of the full ‘response to the consultation’ report.

6. Overall, the percentages of respondents agreeing with each of the proposed changes to The Highway Code ranged from 70% to 99%. If the responses beyond the scope of the consultation (see paragraph 4 above) are removed from the calculation, this range is 85% to 99%. This strongly suggests that the proposed changes to The Highway Code are supported. The proposals attracting the most comments are summarised below.

7. 92% of respondents agreed with the introduction of the new rule about emergency areas and 89% agreed with the introduction of the new rule about places of relative safety. These rules, together with rule 269 – hard shoulder, also attracted additional comments about motorways where the hard shoulder has been converted to a traffic lane. These additional comments have been addressed in Annex B of the full ‘response to the consultation’ report.

8. In the feedback to our proposed changes to rule 97 - before setting off, respondents suggested condensing the proposed additional wording describing relevant annexes to The Highway Code. Respondents also sought clarification that carrying a mobile phone and having high-visibility clothing for use in an emergency are recommendations not requirements.

9. The proposed changes to the rules for breakdowns and incidents were widely supported. 90% of respondents agreed with changing rules 275 and 277 to introduce new safety information for road users who break down and to inform them of what action they should take in such a situation. These rules cover all high-speed roads, both with and without a hard shoulder, and the safety advice mirrors that promoted in our recent £5M ‘Go left’ safety campaign. Respondents also expressed concern about the removal of the hard shoulder, to provide an extra traffic lane, on some motorways. These additional comments are beyond the scope of the consultation although have been addressed in Annex B of the full ‘response to the consultation’ report.

10. We are taking forward all of our proposed changes (two new rules, amendments to 33 existing rules and six proposed changes to the additional information and annexes within The Highway Code) thanks to the strong public support. We are also using the insights gained from the public consultation (seethe ‘Responses by question’ section) to improve the content and wording of the revised version of The Highway Code.

11. In accordance with section 38 of the Road Traffic Act 1988, the revised version of The Highway Code will be laid before both Houses of Parliament for a period of 40 days. If Parliament agrees to the proposed changes, we will then work with the Driver and Vehicle Standards Agency (DVSA) and The Stationery Office (TSO) to update The Highway Code online during Autumn 2021 and to produce a new printed edition in early 2022. Publication of the updated Highway Code will be publicised by the DVSA and Highways England.

12. We would like to thank all those who took the time to respond to the consultation and to provide comments.

Responses by question

Rules for drivers and motorcyclists

Rule 91 - Fitness to drive

Rule 91 describes how tiredness can increase the risk of a collision and how drivers should minimise this risk. We are proposing changes to ensure readers understand:

• drivers need to get sufficient sleep before a long journey
• emergency areas and hard shoulders on motorways are not to be used for rest breaks in the event of driver sleepiness
• information exists in Rule 262 on appropriate places to take a break when travelling on motorways
• there are caffeinated drinks, in addition to caffeinated coffee, that can counter sleepiness

In the comments received you said that the proposed rule could be improved by:

• removing reference to caffeinated drinks and short naps for countering sleepiness because these measures only provide temporary respite
• advising not to eat and drink when driving
• defining what constitutes “sufficient sleep”
• advising not to drive under the influence of drugs, alcohol or medication

We are changing the proposed rule in response to your comments by:

• removing the recommendation to consume caffeinated drinks and take a short nap to counter sleepiness

We do not intend to:

• provide advice not to eat and drink when driving as this is unrelated to driving when tired
• define what constitutes “sufficient sleep” because this depends on the individual and circumstances
• give guidance on driving under the influence of drugs, alcohol or medication because this is addressed in Rule 95 and Rule 96

Rule 97 - Before setting off

Rule 97 describes the planning and preparation that is needed before a driver begins a journey. We are proposing changes to ensure that readers understand:

• drivers MUST have a valid licence and insurance
• vehicles MUST be in a legal and roadworthy condition
• basic vehicle maintenance and safety checks should be carried out before drivers set off
• sufficient vehicle fuel or charge is required for each planned journey
• for emergency use, drivers should take a charged mobile telephone, containing emergency numbers, and high-visibility clothing

In the comments received you said that the proposed rule could be improved by:

• removing or condensing the descriptive text relating to annexes 3 and 6
• clarifying that having a mobile phone for emergency use is recommended but not a requirement
• clarifying that having high-visibility clothing is recommended for emergency use but not a requirement

We are changing the proposed rule in response to your comments by:

• condensing the descriptive text relating to the annexes to ensure that the key messages are more readily understood
• clarifying that having a mobile phone for emergency use, containing emergency contacts (e.g. breakdown assistance), is recommended but not a requirement
• clarifying that having high-visibility clothing is recommended for emergency use but not a requirement

Rule 98 – Vehicle towing and loading

Rule 98 provides requirements and advice for towing and the loading of towing vehicles and trailers. We are proposing changes to ensure that readers understand:

• reduced speed limits may apply when towing
• it may take longer to build up speed when towing
• drivers may need to use towing mirrors when towing
• further information is available about safe towing practices

In the comments received you said that the proposed rule could be improved by:

• stating that trailers must be in a roadworthy condition, including tyres, lights and brakes
• adding that there is a legal requirement to use towing mirrors
• adding that trailers are required by law to be fitted with a secondary coupling
• rephrasing the wording around reduced speed limits
• adding a reference to increased stopping distances when towing
• referencing the danger around harsh braking when towing
• adding that vehicles which are towing should not be using the outside lanes on motorways
• adding that a solid tow bar is a safer alternative to using a tow rope
• clarifying what is deemed to be a dangerous load

We are changing the proposed rule in response to your comments by:

• adding instruction and guidance around roadworthiness of trailers, including tyres, lights and brakes
• adding that there is a legal requirement to use towing mirrors in some circumstances
• adding that trailers are required by law to be fitted with a secondary coupling such as a safety chain
• clarifying that, when you are towing, reduced speed limits apply on higher speed roads
• adding a reference to increased stopping distances
• adding advice to avoid harsh braking if you lose control by easing of the accelerator
• adding guidance that when towing you MUST not use the right lane on roads with three or more lanes
• adding that a solid tow bar is a safer alternative to using a tow rope

We do not intend to:

• clarify what is deemed to be a dangerous load as the referenced law provides more information

General rules, techniques and advice for all drivers and riders

Rule 124 - Speed limits

Rule 124 describes the speed limits that apply to different road and vehicle types. We are proposing changes to ensure that readers understand:

• speed limits can be changed by signs
• speed limits are enforced by the police

In the comments received you said that the proposed rule could be improved by:

• adding speed limits for motorhomes and motor caravans
• adding speed limits for buses or coaches over 12 metres long
• adding speed limits for special types of vehicles that are overweight or oversized
• removing the reference to “sharp bends”
• changing “red ring” to “red circle” for consistency throughout The Code

We are changing the proposed rule in response to your comments by:

• adding speed limits for motorhomes and motor caravans above and below the 3.05 tonne threshold
• adding a footnote to the table to account for the reduced speed limit for buses and coaches over 12 metres long on motorways
• adding reference to the further reading section which now contains a link to Gov.UK for special types of vehicles that are overweight or oversized
• replacing the reference to “sharp bends” to “hazards” to account for other reasons that a road may have its speed limit reduced
• changing “red ring” to “red circle” for consistency throughout The Code 

Rule 126 – Stopping distances

Rule 126 describes typical vehicle stopping distances and the need to leave enough space between you and the vehicle in front. We are proposing changes to ensure that readers understand:

• what tailgating is, how it occurs, why it is dangerous and how to avoid it
• dangerous and careless driving offences, such as tailgating, are enforced by the police

In the comments received you said that the proposed rule could be improved by:

• clarifying what is meant by “roads carrying faster-moving traffic” in relation to the time-gap between vehicles
• clarifying what is meant by “increased still further” in relation to the safe distance between vehicles on icy roads
• reviewing the stopping distances contained within the ‘typical stopping distances’ image
• reviewing the recommended time gap between vehicles especially on motorways or other similar high-speed roads

We are changing the proposed rule in response to your comments by:

• clarifying that on “high-speed roads” you should allow at least a two-second gap between you and the vehicle in front
• clarifying a typical safe distance between vehicles on icy roads is ten times greater than shown in the ‘typical stopping distances’ image

We do not intend to:

• alter the typical stopping distances image or change the recommended time gap between vehicles. Although there was strong agreement to our proposals relating to the addition of tailgating to Rule 126 – Stopping Distances, a number of respondents suggested the main content of this rule, concerning thinking and braking distances, should be modernised and improved. For example, respondents suggested that updated research on driver reaction times should be considered as well as consideration of braking characteristics for current vehicles. We will pass on this feedback, which goes beyond the scope of this update to The Highway Code, to the Department for Transport. This will not delay publication of our proposed changes to this rule which were well supported

Rule 138 – Overtaking

Rule 138 describes how drivers should use the middle lane and right-hand lane of a three-lane dual carriageway when overtaking. We are proposing changes to ensure that readers understand:

• the rule for overtaking also applies to dual carriageways with more than three lanes

In the comments received you said that the proposed rule could be improved by:

• adding that overtaking on the left (undertaking) is not permitted
• adding that certain vehicles, such as speed-restricted vehicles, are not permitted in the right lane
• changing “should” to “MUST” when returning to middle and left lanes after overtaking

We do not intend to:

• add that overtaking on the left (undertaking) is not permitted on a dual carriageway of three or more lanes as this already covered in Rule 268
• add that certain vehicles, such as speed-restricted vehicles, are not permitted in the right lane as this is already covered in Rule 265
• change “should” to “MUST” in the guidance about returning to the left lane after overtaking. There is no specific legal requirement to return to the left lane after overtaking although drivers can be prosecuted by the police for careless or inconsiderate driving in the event of prolonged or slow driving in middle or outside lanes

Driving in adverse weather conditions

Rule 234 – Fog

Rule 234 describes what to do when drivers are approaching or are warned about fog. Our proposed changes are to improve the layout and wording of the rule.

In the comments received you said that the proposed rule could be improved by:

• including guidance on the use of lights in fog, including when to activate and deactivate fog lights and their misuse
• including guidance on safe driving in foggy conditions, leaving additional space between you and other vehicles and being aware of your stopping distance in relation to visibility

We do not intend to:

• include guidance on the use of lights in fog because this is already addressed in Rule 226 and Rule 236
• included further guidance on safe driving in foggy conditions because this is already addressed in Rule 235

Waiting and parking

Rule 240 – Stopping

Rule 240 describes places where drivers MUST NOT stop or park. We are proposing changes to ensure that readers understand:

• emergency areas on motorways are not to be used for stopping or parking, except in an emergency

In the comments received you said that the proposed rule could be improved by:

• adding that cycle lanes can be used for loading or unloading if not prohibited
• highlighting that you should not stop near a junction

We do not intend to:

• add that cycle lanes can be used for loading or unloading if not prohibited because loading and unloading is addressed in Rule 247
• highlight that you should not stop near a junction because this is captured in Rule 243

Motorways

Rule 253 – Prohibited vehicles

Rule 253 describes the types of vehicles that are prohibited from motorways and the conditions applicable to provisional car licence holders’ use of motorways. We are proposing changes to ensure that readers understand:

• provisional car licence holders can only drive on the motorway when they are accompanied by an approved driving instructor and are driving a car displaying red L plates

In the comments received you said that the proposed rule could be improved by:

• adding the electric equivalent for a 50cc moped
• clarifying that provisional car licence holders should be accompanied by a ”DVSA Approved Driving Instructor”
• clarifying that both “D” and “L” plates are permitted in Wales

We are changing the proposed rule in response to your comments by:

• adding the electric equivalent for a 50cc moped which is 4kW
• clarifying that provisional car licence holders should be accompanied by a “DVSA Approved Driving Instructor”
• clarifying that both “D” and “L” plates are permitted in Wales

Rule 255 – Motorway signs and signals

Rule 255 describes how motorway signs and signals are used to warn of a hazard ahead. Our proposed changes are to improve the layout and wording of the rule.

In the comments received you said that the proposed rule could be improved by:

• highlighting that motorway signing and signalling equipment can also be used on other high-speed roads to warn of hazards
• making “hazard” plural to account for multiple hazards
• using the word “danger” instead of “hazard”
• defining signs and signals

We are changing the proposed rule in response to your comments by:

• removing the reference to motorways to account for other similar high-speed roads
• changing “hazard” to “hazards” to account for multiple hazards

We do not intend to:

• replace the word “hazard” with “danger” because, when warning about something that has the potential to cause harm, “hazard” is more commonly used in this section of The Highway Code
• define signs and signals because further descriptions are given elsewhere in The Code - for example, Rule 257 and Rule 258

Rule 256 – Motorway signs and signals

Rule 256 describes the signs and signals that are used on motorways and some other high-speed roads. We are proposing changes to ensure that readers understand:

• motorway signs and signals can apply to all lanes or individual lanes
• how to recognise motorway signs and signals

In the comments received you said that the proposed rule could be improved by:

• adding an enforcement camera sign to the second image (a view looking down a motorway showing an overhead gantry equipped with signs and signals) to clarify that restrictions are enforced
• explaining which instructions are mandatory and which are advisory when presented on signs and signals
• reinserting advice that signs situated on the central reservation apply to all lanes
• providing more examples of signs that you may see

We are changing the proposed rule in response to your comments by:

• adding an enforcement camera sign to the second image to warn that restrictions are subject to enforcement

We do not intend to:

• give guidance on specific mandatory and advisory instructions on signs and how they are enforced as this is covered elsewhere in The Code such as Rule 126 – Speed Limits, Rule 269 – Hard Shoulders, Rule 257 – Amber flashing lights and Rule 258 – Red flashing lights
• reinsert advice that signs situated on the central reservation apply to all lanes because signs situated in the verge also apply to all lanes
• add images to provide further examples of other signs because an additional example is already present in the “light signals controlling traffic – motorway signal” section and The Highway Code is not intended to provide an exhaustive list of signs

Rule 257 – Amber flashing lights

  Rule 257 describes how the display of amber flashing light signals on a sign warn of a hazard ahead. We are proposing changes to ensure that readers understand:

• how drivers should adjust their driving behaviour on approaching amber flashing lights
• how to recognise a sign displaying amber flashing lights

In the comments received you said that the proposed rule could be improved by:

• changing “should” to “MUST” for following the guidance related to amber flashing lights

We do not intend to:

• change “should” to “MUST” as amber flashing lights only provide a warning. Traffic signs used in conjunction with amber lights can provide mandatory instructions

Rule 258 – Red flashing lights

Rule 258 describes how the display of red flashing light signals on a sign identify a lane or road closure. We are proposing changes to ensure that readers understand:

• the display of red flashing light signals and a red ‘X’ on a sign identify a closed lane in which people, stopped vehicles and other hazards may be present
• drivers should follow the instructions on signs in advance of a closed lane to move safely to an open lane
• there can be several hazards in a closed lane
• blocking closed lanes may prevent people from getting the help they need and delay reopening of the lanes
• where a closed left lane crosses an exit slip road, the exit cannot be used
• the road is closed when red flashing light signals and closures of all lanes are shown on a sign
• how to recognise signs displaying red flashing light signals and lane or road closures
• lane and road closures indicated by red flashing lights are enforced by the police

In the comments received you said that the proposed rule could be improved by:

• re-ordering the bullet points to move the “MUST NOT” mandatory clause above the advisory “should” clause
• changing the advice for following the instructions on signs in advance of a closed lane from “should” to “MUST”
• simplifying the information about why you must not drive in closed lanes
• clarifying the wording related to scenarios where closed lanes also mean an exit slip cannot be used, for example where the left lane is closed at an exit slip road this means that the exit cannot be used

We are changing the proposed rule in response to your comments by:

• changing the advice for following the instructions on signs in advance of a closed lane from “should” to “MUST” because compliance with these signs is mandatory
• simplifying the information about why you must not drive in closed lanes
• revising the wording related to scenarios where closed lanes also mean an exit slip cannot be used in order to provide clarity. For example: “where the left lane is closed at an exit slip road this means that the exit cannot be used”

We do not intend to:

• re-order the bullet points to move the “MUST NOT” mandatory clause above its predecessor in light of amendments now proposed to the predecessor clause

Rule 261 – Speed limits

  Rule 261 describes the application of speed limits to motorways. We are proposing changes to ensure that readers understand:

• drivers must not exceed the speed limit displayed on a sign
• drivers must not exceed the maximum speed limit of their vehicle
• speed limits are enforced by the police

In the comments received you said that the proposed rule could be improved by:

• replacing red “ring” with “circle” for describing mandatory speed limit signs
• providing additional clarification around speed limits for different vehicle types on different road types
• adding a reference to national speed limit signs in addition to speed limits displayed in a red circle

We are changing the proposed rule in response to your comments by:

• replacing red “ring” with “circle” for describing mandatory speed limit signs
• clarifying that the speed limits cross referenced in Rule 124 apply to both your vehicle and the road type.

We do not intend to:

• add a reference to national speed limit signs or include additional information on the different speed limits that apply. Rule 124 already covers the national speed limits that apply to your vehicle and the road type

Rule 262 – Fatigue

Rule 262 describes how the monotony of driving on a motorway can make drivers feel sleepy. We are proposing changes to ensure that readers understand:

• information is available in rule 91 about ensuring fitness to drive and taking breaks
• service areas and other rest and refreshment facilities are available when travelling along motorways

In the comments received you said that the proposed rule could be improved by:

• adding a reference to other high-speed roads where similar issues with fatigue exist

We are changing the proposed rule in response to your comments by:

• adding a reference to other similar high-speed roads to reflect that the rule does not just apply to motorways. The overarching section introduction (motorways) in The Highway Code will also reference that some rules within this section also apply to other high-speed roads

Rule 263 – On the motorway

Rule 263 states that drivers MUST NOT reverse, cross the central reservation or drive against the traffic flow on motorways. We are proposing changes to ensure that readers understand:

• it is illegal to reverse along any part of a motorway, including slip roads

In the comments received you said that the proposed rule could be improved by:

• clarifying that a police or a traffic officer can direct drivers to reverse, cross the central reservation or drive against the traffic flow on motorways
• clarifying that drivers MUST NOT reverse along hard shoulders or in emergency areas

We are changing the proposed rule in response to your comments by:

• adding that drivers can reverse, cross the central reservation or drive against the traffic flow on motorways if directed to do so by a police or traffic officer
• identifying hard shoulders and emergency areas as parts of a motorway where reversing is prohibited

Rule 264 – Lane discipline

Rule 264 describes how drivers should use the left lane of a multi-lane carriageway unless overtaking and MUST NOT drive on a hard shoulder except in an emergency. We are proposing changes to ensure that readers understand:

• drivers should move over, if safe to do so, when approaching people and vehicles stopped on the hard shoulder or in an emergency area to create more space for the people and stopped vehicles

In the comments received you said that the proposed rule could be improved by:

• changing “should” to “MUST” in the guidance about returning to the left lane after overtaking
• removing advice about slow-moving and speed-restricted vehicles returning to the left because this is inherent in the ‘keep in the left lane unless overtaking’ guidance
• highlighting that overtaking on the left (or undertaking) is not permitted
• highlighting that it is not always safe to return to the left lane after overtaking
• adding advice to slow down if people or vehicles are stopped on the hard shoulder

We are changing the proposed rule in response to your comments by:

• adding references to the other rules that describe safe overtaking (Rules 267 and 268) and which include instructions not to overtake on the left
• removing advice about slow moving and speed-restricted vehicles as this is already captured by ‘keep in the left lane unless overtaking’ guidance
• clarifying that you should only return to the left lane when it is safe to do

We do not intend to:

• change “should” to “MUST” in the guidance around returning to the left lane after overtaking. There is no specific legal requirement to return to the left lane after overtaking although drivers can be prosecuted by the police for careless or inconsiderate driving in the event of prolonged or slow driving in middle or outside lanes
• add advice to slow down if people or vehicles are stopped on the hard shoulder because instructions to slow on the approach to incidents is already provided in Rule 281 

Rule 266 – Approaching a junction

Rule 266 describes how direction signs identify a motorway junction ahead and what drivers should do to prepare for leaving the motorway. We are proposing changes to ensure that readers understand:

• road markings may also be used to indicate directions on the approach to some junctions

In the comments received you said that the proposed rule could be improved by:

• clarifying or replacing the phrase “in good time” because it is not in common use
• removing the reference to motorways to account for other high-speed roads
• adding a further reference to road markings for ensuring that you find the correct lane

We are changing the proposed rule in response to your comments by:

• replacing the phrase “in good time” with “well ahead of the junction”
• removing the reference to motorways to account for other high-speed roads
• adding a further reference to road markings for ensuring that you find the correct lane

Rule 269 – Hard shoulder

Rule 269 describes limitations on the use of hard shoulders on motorways. We are proposing changes to ensure that readers understand:

• the hard shoulder is for emergency use only
• on some motorways, the hard shoulder becomes an extra lane during periods of congestion; signs identify when the extra lane can be used
• on motorways where the hard shoulder becomes an extra lane during periods of congestion, emergency areas exist for use in the event of an emergency or breakdown

In the comments received you said that the proposed rule could be improved by:

• replacing the term “drive on” with “use” for accessing a hard shoulder to capture stopping in the event of an emergency
• adding an image to show the scenario where a hard shoulder is not used as an extra lane and has no overhead signs
• amending current images to reflect the “MUST NOT” use advice reflected in the rule text
• clarifying that a red ‘X’ or blank sign means that the hard shoulder can still be used in an emergency
• clarifying that the hard shoulder can only be used as an extra lane when a speed limit is shown
• referencing where to find more information about emergency areas
• adding more information on motorways without hard shoulders

We are changing the proposed rule in response to your comments by:

• replacing the term “drive on” with “use” for accessing a hard shoulder to capture stopping in the event of an emergency
• adding an image to show the scenario where there are no overhead signs above the hard shoulder so it MUST NOT be used as an extra lane
• amending current images to reflect the “MUST NOT” use advice reflected in the rule text
• clarifying that a red ‘X’ or blank sign means the hard shoulder can be used in an emergency
• clarifying that the hard shoulder can only be used as an extra lane when a speed limit is shown
• cross referencing to the new rule for emergency areas, which also includes information about how to safely use motorways

New rule – Emergency areas

We proposed a new rule about emergency areas to ensure that readers understand:

• emergency areas are located along motorways without hard shoulders or where the hard shoulder is used some of the time as an extra lane
• how to recognise an emergency area
• emergency areas are for emergency use only

In the comments received you said that the proposed rule could be improved by:

• clarifying that emergency areas can only be used in an emergency
• identifying additional ways to recognise an emergency area
• highlighting what to do if an emergency area cannot be reached
• identifying how to safely rejoin the carriageway from an emergency area

We are changing the proposed rule in response to your comments by:

• adding a reference to “emergency use only” and the relevant legislation
• adding a reference to the orange surfacing which is present in emergency areas (in England) and which can be used to identify them
• clearly referring to Rule 275 which contains breakdown advice (including what to do if an emergency area cannot be reached)
• clearly referring to Rule 276 which contains advice about how to rejoin the carriageway from an emergency area

Rule 270 – Stopping

Rule 270 states that drivers MUST NOT stop on the carriageway, hard shoulder, slip road, central reservation or verge of a motorway except in an emergency. We are proposing changes to ensure that readers understand:

• drivers must not stop in an emergency area on a motorway, except in an emergency

In the comments received you said that the proposed rule could be improved by:

• reinserting advice to not stop on the hard shoulder to use your mobile phone
• reinserting a reference that you should only stop for traffic officers in uniform
• defining what an emergency is in relation to stopping on a motorway

We are changing the proposed rule in response to your comments by:

• reinserting and adapting advice to not stop on any part of a motorway to make or receive mobile telephone calls except in an emergency

We do not intend to:

• reinsert a reference to traffic officers being in uniform because traffic officers are primarily identifiable by their vehicles which are easy to identify and distinguishable from other vehicles
• define what an emergency is within this rule, as the primary focus of the rule is to explain restrictions to stopping on a high-speed road. In addition, the legislation underpinning emergency stopping on motorways does not clarify all emergency reasons so adding detail to the rule would be complex and not exhaustive

Breakdowns and incidents

New rule – Place of relative safety

We are proposing a new rule describing safer places to stop in the event of a breakdown or other incident to ensure that readers understand:

• a place of relative safety is where the people and vehicles involved in a breakdown or other incident are less likely to be at risk from moving traffic
• the safest place to stop in the event of a breakdown or incident is a location which is designed for parking
• on motorways and other high-speed roads, the safest place to stop is a service area
• other places of relative safety on motorways and other high-speed roads include lay-bys, emergency areas and hard shoulders
• hard shoulders provide less protection than other places of relative safety

In the comments received you said that the proposed rule could be improved by:

• explaining why hard shoulders provide less protection than other places of relative safety
• warning why you should “keep well away from your vehicle”
• adding that you should wear high-visibility clothing if you have it
• adding advice for what you should do if you need to stop in a live lane on a high-speed road
• adding where to stand when you exit your vehicle

We are changing the proposed rule in response to your comments by:

• adding that hard shoulders provide less protection than other places of relative safety due to their proximity to fast-moving traffic
• warning that you should keep well away from your vehicle because moving traffic could collide with it, propelling it into you and your passengers

We do not intend to:

• add that “you should wear high-visibility clothing if you have it” as this is already captured in other parts of The Highway Code (Rule 275 - breakdowns and Rule 283 - incidents)
• add advice for what you should do if you need stop in a live lane on a high-speed road as this is already captured in Rule 275
• explicitly state where to stand when you exit your vehicle. The advice remains, for all road types, that you should “keep well away from your vehicle because moving traffic could collide with it, forcing it into you and your passengers” 

Rule 275 and 277 – Breakdowns

Rule 275 describes what to do in the event of a breakdown on a motorway. We are proposing changes to ensure that readers understand:

• the steps to follow if their vehicle develops a problem (get left, get safe and get help)
• the importance of staying away from their vehicle and remaining aware of other traffic
• what to do if they break down in a live traffic lane
• how to identify and communicate their location to emergency services

Rule 277 describes what to do if you cannot get your vehicle onto the motorway hard shoulder in the event of a breakdown. The contents of Rule 277 have been moved into the proposed update to Rule 275.

In the comments received you said that the proposed rule could be improved by:

• cross referencing to the new rule – place of relative safety - when describing where you should stop in an emergency
• removing the advice to use fog lights when dark as this is not possible without a key in the ignition
• clarifying that it is not mandatory to carry high visibility clothing
• warning that sudden drops may be present behind safety barriers
• adding where to stand in relation to your vehicle to be safer
• adding examples of mapping applications for aid in communicating your location to emergency services

We are changing the proposed rule in response to your comments by:

• cross referencing the new rule – place of relative safety - when describing where you should stop in an emergency
• removing the advice to use fog lights when dark as this is not possible without a key in the ignition
• clarifying that it is not mandatory to carry high-visibility clothing
• warning that sudden drops may be present behind safety barriers and providing a new image to demonstrate a safer place to stand
• adding where to stand in relation to your vehicle to be safer: “DO NOT stand in a place where your vehicle could be forced into you if moving traffic collides with it”

We do not intend to:

• add examples of mapping applications because specific commercial entities should not be endorsed in The Highway Code

Rule 276 – Rejoining after a breakdown

Rule 276 describes how to rejoin the motorway after a breakdown. We are proposing changes to ensure that readers understand:

• how to rejoin the motorway from an emergency area
• the importance of using the SOS phone in emergency areas

In the comments received you said that the proposed rule could be improved by:

• highlighting that other hazards may exist on the hard shoulder such as obstructions and debris
• adding that indicators should be used when rejoining the motorway from the hard shoulder
• removing the reference to “motorway” as emergency areas are also present on other similar high-speed roads
• adding what to do if you are unable to use the telephone due to hearing or physical impairments

We are changing the proposed rule in response to your comments by:

• highlighting that obstructions and debris may be present as other hazards on the hard shoulder
• removing the reference to “motorway” as emergency areas are also present on other similar high-speed roads
• adding that indicators should be used when rejoining the motorway from the hard shoulder

We do not intend to:

• clarify what to do if you are unable to use the telephone due to hearing or physical impairments as this is captured in Rule 278

Rule 278 – Breakdowns (disabled drivers)

Rule 278 describes what to do if you have a disability which prevents you from following the breakdown advice in rules 275 and 276. We are proposing changes to ensure that readers understand:

• the importance of switching on hazard warning lights to warn other motorists of a stopped vehicle
• the need to keep seatbelts on when staying in a broken-down vehicle
• as an alternative to calling 999, there is the availability of an SOS button in some vehicles for contacting the emergency services

In the comments received you said that the proposed rule could be improved by:

• including advice for how drivers who are deaf, hard of hearing or speech impaired can communicate with the emergency service
• retaining advice about the use of ‘Help’ pennants
• including advice for drivers who do not have a phone

We are changing the proposed rule in response to your comments by:

• including advice for how drivers who are deaf, hard of hearing or speech impaired can communicate with the emergency service using the emergency SMS service

We do not intend to:

• reinsert ‘help’ pennants because they are no longer in common use and cannot be readily purchased
• include specific advice for drivers that do not have a phone as drivers should prepare for their journeys including the possibility of breakdowns (see Rule 97)

Rule 279 and 280 – Obstructions

Rule 279 describes what to do if anything falls from your vehicle, or any other vehicle, on to the road. We are proposing changes to ensure that readers understand:

• on motorways, drivers and passengers must not retrieve items that fall from a vehicle or attempt to move an obstruction
• in the event of a fallen item or other obstruction on a motorway, drivers should stop in a place of relative safety and contact the emergency services to report the incident and request help

Rule 280 describes what to do if you come across an obstruction on a motorway. The contents of Rule 280 have been moved into the proposed update to Rule 279.

In the comments received you said that the proposed rule could be improved by:

• reordering the paragraphs to address motorways and high-speed roads first

We are changing the proposed rule in response to your comments by:

• reordering the paragraphs to address motorways and high-speed roads first

Rule 281 – Incidents

Rule 281 describes what to do if you see warning signs or flashing lights ahead. We are proposing changes to ensure that readers understand:

• warning signs or flashing lights indicate that people, including the emergency services, traffic officers, and recovery workers, may be working in the road

In the comments received you said that the proposed rule could be improved by:

• clarifying that it is emergency or incident support vehicles that will be displaying flashing lights
• reinserting advice about the nature (colour and position) of the flashing lights used by police and traffic officers’ vehicles
• introducing the concept of an ‘emergency corridor’ to help the emergency services access incidents

We are changing the proposed rule in response to your comments by:

• identifying that emergency or incident support vehicles display flashing lights

We do not intend to:

• reinsert the advice about the colour and position of the flashing lights used by police and traffic officers’ vehicles because these details detract from the key message that flashing lights ahead indicate an incident on the road ahead
• introduce the concept of an ‘emergency corridor’ to help the emergency services access incidents as part of these changes to The Highway Code. On motorways where the hard shoulder has been converted to a traffic lane, creating this kind of emergency corridor is already possible using Red X signals to close an entire lane leaving it available for use only by emergency responders. On high-speed roads without a hard shoulder the suggestion could be a possible way to help responders make their way more quickly through stationary traffic following incidents. We note that this practice is already adopted in other countries and may be worthy of further consideration and consultation with stakeholders. As this is a road policy issue and beyond the scope for this update of The Highway Code we will work with the Department for Transport and other stakeholders to assess the implications of this concept and whether it should be included in a future update of The Highway Code.

Rule 282 – Passing an incident

Rule 282 describes what drivers should do when passing the scene of an incident or collision. We are proposing changes to ensure that readers understand:

• drivers should remain alert for hazards and not slow down unnecessarily when passing an incident In the comments received you said that the proposed rule could be improved by:
• altering the wording about not allowing yourself to be distracted

We are changing the proposed rule in response to your comments by:

• changing the wording to “you should focus on the road ahead when passing an incident because a lack of attention may cause a further incident, collision or congestion”

Rule 283 – Incidents

Rule 283 describes what to do if you are involved in an incident or collision or stop to give assistance. We are proposing changes to ensure that readers understand:

• if drivers stop to give assistance, they should stop in a place of relative safety and not put themselves or their passengers in danger
• how the emergency services can be contacted using an emergency telephone, a mobile telephone, or, if a vehicle has one, its SOS button
• further information is available about giving first aid
• there may be a need to exchange details in accordance with rule 286

In the comments received you said that the proposed rule could be improved by:

• adding that you should wear high-visibility clothing if you have it
• clarifying that nobody should smoke at an incident
• reinserting marker post information to aid in communicating your location to emergency services
• clarifying that you should not remove a motorcyclist’s helmet unless trained to do so
• clarifying that you should contact the emergency services in the same way on any road type not just motorways
• adding the steps you should take if an uninjured person cannot reach a place of relative safety

We are changing the proposed rule in response to your comments by:

• adding that you should put on high-visibility clothing if you have it
• adding that the restriction on smoking applies to passengers as well as drivers
• adding a reference to Rule 275 which contains information about how to communicate your location to the emergency services
• clarifying that you should not remove a motorcyclist’s helmet unless it is essential and you are trained to do so
• clarifying that you should contact the emergency services in the same way on any road type not just motorways

We do not intend to:

• add the steps you should take if an uninjured person cannot reach a place of relative safety as this is captured within the new ‘place of relative of safety rule’ and Rule 275 (Breakdowns) also contains clear instructions about where to stand to be safer

Rule 286 – Documentation

Rule 286 describes what drivers MUST do if they are involved in a collision which causes damage or injury to any other person, vehicle, animal or property. We are proposing changes to ensure that readers understand that:

• drivers should stop in a place of relative safety if they are involved in a collision

In the comments received you said that the proposed rule could be improved by:

• identifying which animals you are legally required to stop for
• adding that you should exchange insurance details
• adding that you should take photographs of the vehicle and the scene

We do not intend to:

• identify animals within the rule as the referenced law, Road Traffic Act 1988 section 170, already gives details of the types of animals (horse, cattle, ass, mule, sheep, pig, goat or dog)
• add that you should exchange insurance details as this is captured in Rule 287
• add that you should take photographs of the vehicle and the scene because this should only be done if safe to do so

Road works, level crossings and tramways

Rule 288 – Road works

Rule 288 describes what to do when driving through road works. We are proposing changes to ensure that readers understand

• works vehicles displaying amber flashing lights are likely to slow down and turn into a works area
• drivers should leave extra space between themselves and a works vehicle that is displaying amber flashing lights

In the comments received you said that the proposed rule could be improved by:

• in the first sentence, replacing the word “watchful” because it is not in common use
• ensuring drivers watch for all vehicles leaving a coned-off area not just those that can be readily identified as “works vehicles”
• removing or improving the phrasing of the instruction not to “be distracted” in road works
• defining what a “safe distance” to the vehicle in front is when driving in road works

We are changing the proposed rule in response to your comments by:

• in the first sentence, advising drivers to “take extra care” instead of being “watchful”
• replacing “works vehicles” with “vehicles” to account for all vehicles that may enter or leave coned off areas
• removing advice to “not be distracted” by road works because advice to concentrate on the road ahead is already included in the proposed rule
• cross referencing to Rule 126 which defines safe distances between vehicles and the dangers of tailgating

Rule 289 – Road works on high-speed roads

Rule 289 describes additional rules for driving through road works on motorways and other high-speed dual carriageways. We are proposing changes to ensure that readers understand:

• where large ‘Keep Left’ or ’Keep Right’ signs are displayed on a works vehicle, drivers must move over to the next lane and pass the works vehicle on the side indicated and must not return to the closed lane until it is safe to do so
• works vehicles displaying the sign, ‘convoy vehicle no overtaking’, must not be overtaken

In the comments received you said that the proposed rule could be improved by:

• splitting the paragraph describing the use of ‘keep left,’ ‘keep right’ and ‘convoy vehicles no overtaking’ signs to improve readability of the rule
• making clear the side you should use to pass a vehicle displaying a ‘keep left’ or ‘keep right’ sign
• removing content that is already in Rule 288 to reduce overall length of rule and avoid duplication

We are changing the proposed rule in response to your comments by:

• splitting the advice concerning ‘convoy vehicles no overtaking’ from the advice about ‘keep left’ and ‘keep right’ signs to aid readability of the rule
• making it clear you should pass a vehicle displaying a ‘keep left’ or ‘keep right’ sign on the side indicated by the sign
• removal of two pieces of advice that are repeated in the previous road works rule (Rule 288) and therefore are not needed within this additional rule for high-speed roads

Rule 290 – Contraflow systems on high-speed roads

Rule 290 describes additional rules for driving through contraflow systems on motorways and other high-speed dual carriageways. We are proposing changes to ensure that readers understand:

• lanes in road works may be narrower than normal and will be marked by studs or temporary road markings
• in narrow lanes, drivers need to keep a good distance from the vehicle in front to be able to clearly see the edges of the lane ahead
• at the start and finish of contraflow systems in road works, there may be areas of adverse camber; drivers need to slow down and leave extra space when these areas are signed
• in the event of a breakdown in road works, people and vehicles should not enter coned areas, where significant hazards are present, unless directed to do so by those undertaking the works or providing a dedicated recovery service

In the comments received you said that the proposed rule could be improved by:

• defining what a “good distance” is when using a narrow lane
• explaining the meaning of adverse camber and why this is relevant to the rule removing advice to not enter coned off areas because in the event of a breakdown it may be safer to enter a coned off area than remain in a live lane
• replacing “should” with “MUST” when slowing down for cambered sections
• adding that temporary speed limits may apply

We are changing the proposed rule in response to your comments by:

• adding a cross-reference (for narrow lanes) to Rule 126 which defines safe distances between vehicles and the dangers of tailgating
• explaining that changes to road camber may affect the stability of your vehicle at the start and finish of contraflow sections
• removing advice to not enter coned off areas but highlighting that significant hazards exist in such areas
• adding that, where available, you should move your vehicle into a signed refuge location

We do not intend to:

• replace “should” with “MUST” in the adverse camber section as there is no legal requirement to slow down at adverse cambered sections unless a speed limit sign is displayed
• add that temporary speed limits may apply as this is already captured in Rule 288 (general road work advice)

Light signals controlling traffic – Motorway signals

This part of The Highway Code gives examples of motorway signals and signs. We are proposing changes to ensure that readers understand:

• what a motorway sign that displays multiple pieces of information looks like

The image of the ‘leave motorway at next exit’ sign, which is rarely used, will no longer be shown in The Highway Code.

In the comments received you said that the proposed rule could be improved by:

• including descriptions of the particular symbols used on the sign
• reinserting the image of the leave motorway at next exit sign
• including more examples of signs used on motorways (including advisory signals)

We are changing the proposed rule in response to your comments by:

• including descriptions of the three pieces of information used on the sign to aid in reader understanding and for consistency across the ‘Light Signals Controlling Traffic – Motorway Signals’ section

We do not intend to:

• reinsert the image of the leave motorway at next exit sign as it is not commonly used and because The Highway Code does not include images of all permissible traffic signs
• include more examples of signs used on motorways (including advisory signals) as the section ‘Light Signals Controlling Traffic – Motorway Signals’ already includes examples of other motorway signals

Signals to other road users – Hazard lights

This part of The Highway Code describes the vehicle-mounted signals that can be given to other road users including direction indicator signals, brake light signals and reversing light signals. We are proposing a new sub-section to ensure that readers understand:

• what hazard light signals are and when they should be used

In the comments received you said that the proposed rule could be improved by ensuring readers understand:

• adding information about when they should be used
• making the hazard lights brighter in the photographs (especially on the motorbike)

We are changing the proposed rule in response to your comments by:

• adding a cross reference to Rule 116 which refers readers to the correct use of the hazard lights
• adding a reference to a hazard or obstruction ahead (as an additional acceptable use of hazard lights)
• updating the photograph of the motorbike to show hazard lights more clearly

Traffic Signs – Information signs

This part of The Highway Code gives examples of information signs. We are proposing changes to ensure that readers understand:

• what a variable speed limit information sign looks like

In the comments received you said that the proposed rule could be improved by:

• including an image of a ‘variable speed limit ends’ traffic sign

We do not intend to:

• include an image of a ‘variable speed limit ends’ traffic sign because the variable speed limit sign being provided illustrates the nature of these signs sufficiently. The Highway Code does not include images of all permissible traffic signs

Other Information – Useful Websites

This part of The Highway Code gives details of websites that provide useful information and guidance for road users. We are proposing additional website links to ensure that readers understand where to find information about:

• the Strategic Road Network and its operators in England, Scotland and Wales
• the current status of traffic conditions on Highways England’s network (supplementing existing website listings for Transport Wales and Transport Scotland)

In the comments received you said that the proposed rule could be improved by:

• correcting the spelling of St John Ambulance
• removing links to commercial organisations
• adding links to commercial organisations, including location-based apps

We are changing the proposed rule in response to your comments by:

• correcting the spelling of St John Ambulance
• removing links to five commercial organisations because The Highway Code cannot endorse commercial entities

We do not intend to:

• add links to any commercial organisations because The Highway Code should not endorse commercial entities

Other Information – Further Reading

This part of The Highway Code gives details of other publications that provide useful information and guidance for road users. We are proposing to include additional references to ensure that readers understand where to find information about:

• safe towing practices
• special types vehicles

In the comments received you said that the proposed rule could be improved by:

• simplifying the wording of additional text for clarity
• providing details of advanced driver training organisations

We are changing the proposed rule in response to your comments by:

• simplifying the introduction to further reading about towing
• adding details of further reading about special types vehicles. This change is being made in response to comments received on our proposed amendments to Rule 124

We do not intend to:

• provide details of advanced driver training organisations because this is beyond the scope of The Highway Code which cannot be seen to endorse commercial organisations

Annex 4. The road user and the law

Annex 4 summarises the legislation applicable to road users. We are proposing changes to ensure that readers understand:

• “emergency areas” (as used in the proposed amendments to The Highway Code) are defined in law as “emergency refuge areas”

In the comments received you said that the proposed rule could be improved by:

• using the term from the legislation (”emergency refuge areas”) throughout The Highway Code

We do not intend to:

• use the term “emergency refuge areas” throughout The Highway Code because “emergency area” is the term in common use

Any further comments?

This section offered responders the opportunity to raise any additional points relating to the proposed updates to The Highway Code. Comments were received about a wide range of issues, although the majority of the feedback related to general road policy and operational concerns and is addressed in Annex B of the full ‘response to the consultation’ report.

Other comments fell outside the scope of our proposed changes, so no further action was taken. This included, for example, comments on increasing and decreasing speed limits, cycling and motorcyclists.

One subject which attracted a high proportion of comments was about The Highway Code itself. Concerns and suggestions were raised on how to publicise changes and raise awareness of updates to The Highway Code. As stated in previous sections of this report, Highways England will work with the DVSA to publicise these updates to The Highway Code.