Consultation outcome

Summary of the consultation proposals on a review of The Highway Code

Updated 29 June 2021

Introduction

This summary document allows readers to easily and quickly identify the changes we are proposing to The Highway Code to improve safety on motorways and high-speed roads.

Our proposed amendments include new and additional guidance on:

• the availability, appearance, and safe use of emergency areas
• the use of variable speed limits to manage congestion
• the use of the red ‘X’ sign to close lanes and provide a safer area for the people and vehicles involved in incidents and road works
• the use of hard shoulders that become extra lanes during periods of congestion
• how road users can help keep themselves safe in the event of a breakdown
• how safety cameras are employed to promote compliance with speed limits and lane closures

We have also taken the opportunity to propose guidance that strengthens the Code in relation to other factors that are contributing to incidents on motorways and other high-speed roads including:

• driver fatigue
• unroadworthy vehicles
• unsafe towing
• tailgating

Your views are particularly important to us so we would encourage you to respond to this consultation. The consultation period began on 1 March 2021 and will run until 23:59 on 29 March 2021. Please ensure that your response reaches us before the closing date.

To respond use the online response form. This form allows you to:

• save your progress so you don’t need to complete it all at once
• save or print a copy of your response for your records once you have submitted it

Rules for drivers and motorcyclists

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 places to take a break when travelling on motorways
• there are caffeinated drinks, in addition to caffeinated coffee, that can counter sleepiness

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

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

General rules, techniques and advice for all drivers and riders

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

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

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

Driving in adverse weather conditions

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.

Waiting and parking

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

Motorways

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

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.

Rule 256 describes 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

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

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

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

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

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

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

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

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

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

• emergency areas are located along motorways with no hard shoulder or where the hard shoulder is used as an extra lane
• how to recognise an emergency area
• emergency areas are for emergency use only

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

Breakdowns and incidents

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

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 traffic lane
• how to identify and communicate their location to emergency services

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

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

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 has been moved into the proposed update to Rule 275.

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, the availability of an SOS button in some vehicles for contacting the emergency services

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 has been moved into the proposed update to Rule 279.

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

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

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

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

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

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

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

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.

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

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

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 strategic road network operators in England, Scotland and Wales
• the current status of traffic conditions on Highways England’s network (supplementing existing website listings for Traffic Wales and Traffic Scotland)

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

Annexes

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’