Dear all,

As you all no doubt know, the Highway Code is currently being revised; the proposed wording of two rules (61 and 63) has caused considerable concern amongst cyclists.

The CTC launched a campaign to get the wording (which threatened to compel cyclists to use "cycle facilities" irrespective of their condition or suitability) changed. 11,000 people signed the original petition and nearly 30,000 people have signed the "roads4bikes" petition on the 10 Downing St website. 70% of all comments received by the Highway Code drafting committee came from concerned cyclists.

The CTC's campaign forced a last minute re-write of the draft of the Highway Code laid before parliament. The CTC have publicly welcomed this last draft, but privately admit that the wording is still "muddled".

I surveyed two groups - active cycle campaigners from the CTC's own "Right to Ride" network, and local authority planners and consultants from Cycling England's "Cycle Planning" discussion group. The question asked was:

"Do you believe this wording [Rules 61 and 63] still leaves injured cyclists vulnerable to unfair claims of contributory negligence if they choose not to use a "cycle facility" for reasons other than immediate safety (eg convenience, comfort, directness, bad past experiences, distrust of the facility etc) ?"

92% of campaigners and 88% of planners who responded thought that the current wording of these two clauses left injured cyclists vulnerable to unfair claims of contributory negligence.

Clearly there is unfinished business to be concluded here. Whatever wording finally makes its way into the Highway Code there is little confidence amongst cyclists that it is fair, or that it will offer them any protection if they are hurt going about their daily business. The campaign has highlighted the dreadful state of what is frequently passed off as "cycle infrastructure", and has raised questions of why the DfT simply ignored such obvious concern and refused to meet with the CTC.

Regards



Alasdair Massie
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Background reading:

Current proposed text of rules 61 and 63:
61 Cycle Routes and Other Facilities. Use cycle routes, advanced stop lines, cycle boxes and toucan crossings unless at the time it is unsafe to do so. Use of these facilities is not compulsory and will depend on your experience and skills, but they can make your journey safer.
63 Cycle Lanes. These are marked by a white line (which may be broken) along the carriageway (see Rule 140). When using a cycle lane, keep within the lane when practicable. When leaving a cycle lane check before pulling out that it is safe to do so and signal your intention clearly to other road users. Use of cycle lanes is not compulsory and will depend on your experience and skills, but they can make your journey safer.
Highway Code - CCN website http://www.cyclenetwork.org.uk/latest/latest.html#ccnhc <http://www.cyclenetwork.org.uk/latest/latest.html>
Highway Code - CTC website http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4568
The CTC is the UK's largest cycling organisation with 70,000 members. The "Right to Ride" network is made up of local volunteer representatives.
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