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House
Session
Year
Department
Member
More
Primary member
Answering member
Legislative stage
Legislation
Subject
Publisher
Alterations in the provisions of the Highway Code proposed to be made by the Secretary of State for Transport. Considered by Delegated Legislation Committee. Minutes of proceedings at UP 7 2006-07.
Alterations in the provisions of the Highway Code proposed to be made by the Secretary of State for Transport. Considered by Delegated Legislation Committee. Minutes of proceedings at UP 7 2006-07.
Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Subjects
Cycling; Driving; Horses; Helmets; Safety; Roads; Highway code
Date
26 June 2007
Reference
3rd DLC
Chamber / Committee
General committees
House
House of Commons
Alterations in the provisions of the Highway Code proposed to be made by the Secretary of State for Transport. Ordered to be referred to a Delegated Legislation Committee.
Alterations in the provisions of the Highway Code proposed to be made by the Secretary of State for Transport. Ordered to be referred to a Delegated Legislation Committee.
Type
Legislative formal proceedings
Subjects
Driving; Safety; Roads; Highway code
Date
19 June 2007
Reference
461 c1351
Chamber / Committee
House of Commons chamber
House
House of Commons
Type
Unprinted papers
Author
Department for Transport
Laid on
15 June 2007
Subjects
Driving; Safety; Roads; Highway code
Commons Library location
UP 1133 2006-07;Research BT 388.312,P (Highway code)
Date
15 June 2007
House
House of Lords; House of Commons
To ask the Secretary of State for Transport what discussions his Department has held with cycling organisations since the publication of the latest version of the Highway Code.
To ask the Secretary of State for Transport what discussions his Department has held with cycling organisations since the publication of the latest version of the Highway Code.
Asked by
Andrew Smith
(Labour)
Answered by
Stephen Ladyman
(Labour)
Answering body
Department for Transport
Type
Written questions
Status
Answered
Tabled on
4 June 2007
For answer on
11 June 2007
Answered on
11 June 2007
Ministers and officials of the Department for Transport regularly meet and discuss various issues informally with a number of cycling organisations. There have been many such discussions since the current version of the Highway Code was first published in 1999.Since the proposed revisions to the Highway Code were laid before Parliament on 28 March, DfT officials met representatives of CTC to discuss their concerns about certain cycling rules within the Code on 9 May. There have also been discussions by telephone and e-mail between DfT officials and CTC representatives on this issue.
Subjects
Cycling; Highway code
Date
11 June 2007
Reference
141116; 461 c725-6W
House
House of Commons
To ask the Secretary of State for Transport pursuant to the answer of 10 May 2007, Official Report, column 452W, on cycling: Highway Code, for what reasons the wording was changed from ““where practicable" to "where possible””.
To ask the Secretary of State for Transport pursuant to the answer of 10 May 2007, Official Report, column 452W, on cycling: Highway Code, for what reasons the wording was changed from ““where practicable" to "where possible””.
Asked by
Lynne Jones
(Labour)
Answered by
Stephen Ladyman
(Labour)
Answering body
Department for Transport
Type
Written questions
Status
Answered
Tabled on
14 May 2007
For answer on
16 May 2007
Answered on
6 June 2007
The consultation draft of the Highway Code issued in February 2006 included the following wording for the rule on use of cycle facilities:"““Use cycle routes when practicable and cycle facilities such as advanced stop lines, cycle boxes and toucan crossings where they are provided, as they can make your journey safer.””"Many responses to the consultation objected to the use of the words ““where they are provided”” and so these words were removed from the version of rule 61 laid before Parliament on 28 March 2007, which read:"““Use cycle routes and cycle facilities such as advanced stop lines, cycle boxes and toucan crossings whenever possible, as they can make your journey safer.””"As well as removing ““where they are provided””, the qualification on the use of facilities was moved towards the end of the sentence to make clear that it applies to all the types of facility mentioned in the rule and not just cycle routes. This was intended to avoid any false misapprehension that there is any degree of compulsion in the use of such facilities. As the introduction to the Highway Code makes clear, only rules that include the words ““Must”” or ““Must Not”” are mandatory.The wording of that qualification was been changed from ““when practicable”” to ““wherever possible”” in the interests of clarity and the use of plain English. This change does not in any way affect the substance or status of the advice.Rule 63 of the version of the proposed revised Highway Code laid before Parliament also included the words ““wherever possible””. This rule was unchanged from rule 49 of the current version of the Highway Code first published in 1999.However, cyclists remained concerned by the new wording. Following discussions with CTC, the cyclists' organisation, we have now proposed further changes to both rules 61 and 63, as follows:"61 Cycle 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 these facilities is not compulsory and will depend on your experience and skills, but they can make your journey safer."We are currently seeking views from road safety, cycling and walking representative groups on these proposals. Subject to considering their views, we intend to include these revised versions of rules 61 and 63 in the new edition of the Highway Code, which we now expect to issue in September.
Subjects
Cycling; Highway code
Date
6 June 2007
Reference
137694; 461 c485-6W
House
House of Commons
My honourable friend the Minister of State for Transport (Stephen Ladyman) has made the following Ministerial Statement. In February 2006, we issued a draft of proposed revisions to the Highway Code for public consultation, which closed on 15 May 2006. More than 4,000 people offered a total of almost 27,000...
My honourable friend the Minister of State for Transport (Stephen Ladyman) has made the following Ministerial Statement. In February 2006, we issued a draft of proposed revisions to the Highway Code for public consultation, which closed on 15 May 2006. More than 4,000 people offered a total of almost 27,000...
Member
Lord Bassam of Brighton
(Labour)
Department
Department for Transport
Type
Written statements
Subjects
Cycling; Cycleways; Highway code
Date
5 June 2007
Reference
692 c80WS
House
House of Lords
In February 2006 we issued a draft of proposed revisions to the Highway Code for public consultation, which closed on 15 May 2006. Over 4,000 people offered a total of almost 27,000 comments. Taking account of these comments, a new draft version of the Highway Code was laid before Parliament...
In February 2006 we issued a draft of proposed revisions to the Highway Code for public consultation, which closed on 15 May 2006. Over 4,000 people offered a total of almost 27,000 comments. Taking account of these comments, a new draft version of the Highway Code was laid before Parliament...
Member
Stephen Ladyman
(Labour)
Department
Department for Transport
Type
Written statements
Subjects
Cycling; Cycleways; Highway code
Date
5 June 2007
Reference
461 c14-5WS
House
House of Commons
To ask the Secretary of State for Transport what representations he has received on the revised version of rule 47 of the Highway Code from cyclists and their representatives.
To ask the Secretary of State for Transport what representations he has received on the revised version of rule 47 of the Highway Code from cyclists and their representatives.
Asked by
Gavin Strang
(Labour)
Answered by
Stephen Ladyman
(Labour)
Answering body
Department for Transport
Type
Written questions
Status
Answered
Tabled on
21 May 2007
For answer on
24 May 2007
Answered on
24 May 2007
In the course of the public consultation on proposed changes to the Highway Code in 2006, DSA received a total of 2,612 comments on rule 58 in the consultation text (the equivalent of rule 47 in the current edition of the Highway Code and rule 61 in the proposed draft code laid in Parliament on 28 March 2007). 32 of these comments were from cycling organisations, 29 from other organisations, 10 from MPs and 2,541 from individuals who may or may not be cyclists. A summary of consultation responses, including those on cycling issues, was placed in the Libraries of both Houses when the proposed revised code was laid before Parliament on 28 March 2007. It is also available on line at:"www.dsa.gov.uk."In addition to this consultation, we have since received correspondence from MPs, cycling organisations and individuals on this issue. The numbers of such queries have not been collected.
Subjects
Cycling; Highway code
Date
24 May 2007
Reference
139094; 460 c1454W
House
House of Commons
To ask the Secretary of State for Transport when he last met cycling groups to discuss the proposed changes to the Highway Code.
To ask the Secretary of State for Transport when he last met cycling groups to discuss the proposed changes to the Highway Code.
Asked by
Jim McGovern
(Labour)
Answered by
Stephen Ladyman
(Labour)
Answering body
Department for Transport
Type
Written questions
Status
Answered
Tabled on
14 May 2007
For answer on
18 May 2007
Answered on
22 May 2007
[holding answer 18 May 2007]: I met my hon. Friend the Member for Islington, South and Finsbury (Emily Thornberry), chair of the All Party Parliamentary Cycling Group, on 7 September 2006, to discuss the concerns of some cyclists about the proposed changes to the Highway Code, following the public consultation. In all, 43 changes were made to the original draft in response to representations made by cyclists and cycling groups.
Subjects
Cycling; Highway code
Date
22 May 2007
Reference
137924; 460 c1265W
House
House of Commons
To ask the Secretary of State for Transport what discussions have taken place with representatives of cycling organisations on the new version of the Highway Code; and if he will make a statement.
To ask the Secretary of State for Transport what discussions have taken place with representatives of cycling organisations on the new version of the Highway Code; and if he will make a statement.
Asked by
Andrew Smith
(Labour)
Answered by
Stephen Ladyman
(Labour)
Answering body
Department for Transport
Type
Written questions
Status
Answered
Tabled on
15 May 2007
For answer on
22 May 2007
Answered on
22 May 2007
I refer my right hon. Friend to the answer I have given today to the hon. Member for Dundee, West (UIN 137924).
Subjects
Cycling; Highway code
Date
22 May 2007
Reference
138293; 460 c1265-6W
House
House of Commons
To ask Her Majesty’s Government whether they will amend the proposed Highway Code so that, instead of providing that cyclists must use cycle facilities (for example, cycle lanes), it provides that they should do so where this would help with their journey.
To ask Her Majesty’s Government whether they will amend the proposed Highway Code so that, instead of providing that cyclists must use cycle facilities (for example, cycle lanes), it provides that they should do so where this would help with their journey.
Asked by
Lord Haskel
(Labour)
Answered by
Lord Bassam of Brighton
(Labour)
Oral questions - Lead
Status
Answered
Procedure
Topical questions (HL)
For answer on
17 May 2007
Answered on
17 May 2007
My Lords, I ought to declare an interest as an occasional cyclist. The advice on using cycling facilities in the proposed Highway Code is not a legal requirement. It does not place any compulsion on cyclists to use cycle facilities and it remains their decision whether or not they follow this advice. The distinction between legal requirements and advisory rules is made clear in the introduction to the code.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c288
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I ought to declare an interest as an occasional cyclist. The advice on using cycling facilities in the proposed Highway Code is not a legal requirement. It does not place any compulsion on cyclists to use cycle facilities and it remains their decision whether or not they follow this advice. The distinction between legal requirements and advisory rules is made clear in the introduction to the code.
My Lords, I ought to declare an interest as an occasional cyclist. The advice on using cycling facilities in the proposed Highway Code is not a legal requirement. It does not place any compulsion on cyclists to use cycle facilities and it remains their decision whether or not they follow this advice. The distinction between legal requirements and advisory rules is made clear in the introduction to the code.
Answered by
Lord Bassam of Brighton
(Labour)
Asked by
Lord Haskel
(Labour)
Type
Oral answers to questions
To ask Her Majesty’s Government whether they will amend the proposed Highway Code so that, instead of providing that cyclists must use cycle facilities (for example, cycle lanes), it provides that they should do so where this would help with their journey.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c288
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Highway Code makes clear in its introduction which parts of the code are a legal requirement and which are not by the simple use of the words ““must”” and ““must not””, which are highlighted in red throughout the code. As for the controversy over the change in wording, the change that was advised—I think it was from ““when practicable”” to ““whenever possible””—was made on the advice of lawyers who believed that the second formulation was more accurate than the first.
My Lords, the Highway Code makes clear in its introduction which parts of the code are a legal requirement and which are not by the simple use of the words ““must”” and ““must not””, which are highlighted in red throughout the code. As for the controversy over the change in wording, the change that was advised—I think it was from ““when practicable”” to ““whenever possible””—was made on the advice of lawyers who believed that the second formulation was more accurate than the first.
Answered by
Lord Bassam of Brighton
(Labour)
Asked by
Lord Haskel
(Labour)
Type
Oral answers to questions
My Lords, I thank my noble friend for that Answer. The trouble with it is that others do not seem to agree with him. Recent decisions by a court and by insurance companies would indicate that they think that the Highway Code does have a force in law. This means that in the event of an accident, if a cyclist is not using a cycle path or track, even if it is more dangerous to do so or more inconvenient, there is a chance of contributory negligence. Does my noble friend agree that the simplest way to resolve this dilemma and to clarify the situation is simply to amend the wording and not leave it to legal argument?
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c288
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I thank my noble friend for that Answer. The trouble with it is that others do not seem to agree with him. Recent decisions by a court and by insurance companies would indicate that they think that the Highway Code does have a force in law. This means that in the event of an accident, if a cyclist is not using a cycle path or track, even if it is more dangerous to do so or more inconvenient, there is a chance of contributory negligence. Does my noble friend agree that the simplest way to resolve this dilemma and to clarify the situation is simply to amend the wording and not leave it to legal argument?
My Lords, I thank my noble friend for that Answer. The trouble with it is that others do not seem to agree with him. Recent decisions by a court and by insurance companies would indicate that they think that the Highway Code does have a force in law. This means that in the event of an accident, if a cyclist is not using a cycle path or track, even if it is more dangerous to do so or more inconvenient, there is a chance of contributory negligence. Does my noble friend agree that the simplest way to resolve this dilemma and to clarify the situation is simply to amend the wording and not leave it to legal argument?
Asked by
Lord Haskel
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
17 May 2007
My Lords, the Highway Code makes clear in its introduction which parts of the code are a legal requirement and which are not by the simple use of the words ““must”” and ““must not””, which are highlighted in red throughout the code. As for the controversy over the change in wording, the change that was advised—I think it was from ““when practicable”” to ““whenever possible””—was made on the advice of lawyers who believed that the second formulation was more accurate than the first.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c288
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, how many times have cyclists been prosecuted for going through red lights, which they do very frequently?
My Lords, how many times have cyclists been prosecuted for going through red lights, which they do very frequently?
Asked by
Baroness Oppenheim-Barnes
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2007
My Lords, I am with the noble Baroness in this regard; as a driver, I sometimes get irritated by cyclists who do that. I do not have those statistics in front of me, but I am willing to try to research them. All road users should be obliged to stick to the Highway Code and obey the rules of the road because that is right, and by doing that we all understand exactly what we are doing on the roads.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c289
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does my noble friend agree that while it may help cyclists with their journey to ride along the pavements, shoot the red lights and ride the wrong way up one-way streets, it does not help pedestrians? Will the Government construct more cycling facilities but at the same time strengthen the Highway Code and enforce the law much more rigorously to deal with the problem of cyclists who put pedestrians and others at risk?
My Lords, does my noble friend agree that while it may help cyclists with their journey to ride along the pavements, shoot the red lights and ride the wrong way up one-way streets, it does not help pedestrians? Will the Government construct more cycling facilities but at the same time strengthen the Highway Code and enforce the law much more rigorously to deal with the problem of cyclists who put pedestrians and others at risk?
Asked by
Lord Howarth of Newport
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2007
My Lords, I agree with my noble friend. He is right and I support what he has said. Through local government, which by and large has a responsibility for cycle routes and so on, we have been investing in providing means whereby cyclists can be safely separated out from other traffic where they do not cause offence, annoyance or the potential for harm and injury to pedestrians.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c289
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I, too, declare an interest as a regular cyclist. Is the Minister aware that the new Highway Code proposals are in fact at odds with the advice given to cyclists under the national standard for cycle training? Do not these proposals actually make cycling even more dangerous?
My Lords, I, too, declare an interest as a regular cyclist. Is the Minister aware that the new Highway Code proposals are in fact at odds with the advice given to cyclists under the national standard for cycle training? Do not these proposals actually make cycling even more dangerous?
Asked by
Lord Colwyn
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2007
My Lords, I do not think so. Very careful thought has been given to the wording used. We took this out to consultation, and there were concerns about the words used under rule 47. We reflected on that and some of that wording was changed. We continue to listen. I know that noble Lords continue to have concerns over these issues. We are talking regularly to the CTC, the cyclists’ organisation, to try to come to a reasonable accommodation on this, and we will continue to do so because it is in everyone’s interest that we should.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c289
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I fully acknowledge that there is some unease about the wording, but when one boils it down the argument is about the use of either the term ““when practicable”” or the term ““whenever possible””. The lawyers have given clear advice to the department that ““whenever possible”” offers greater clarity in legal terms than ““when practicable””. In the end, it is a matter of personal judgment. My own view is that the important thing is to improve road safety, and I am not exactly sure that an argument about those two forms of wording will do exactly that. As a Government we have been involving ourselves in practical measures and investing in training so that people become better cyclists and use the roads, and those cycle facilities provided to assist in that process, more safely.
My Lords, I fully acknowledge that there is some unease about the wording, but when one boils it down the argument is about the use of either the term ““when practicable”” or the term ““whenever possible””. The lawyers have given clear advice to the department that ““whenever possible”” offers greater clarity in legal terms than ““when practicable””. In the end, it is a matter of personal judgment. My own view is that the important thing is to improve road safety, and I am not exactly sure that an argument about those two forms of wording will do exactly that. As a Government we have been involving ourselves in practical measures and investing in training so that people become better cyclists and use the roads, and those cycle facilities provided to assist in that process, more safely.
Answered by
Lord Bassam of Brighton
(Labour)
Asked by
Lord Hanningfield
(Conservative)
Type
Oral answers to questions
My Lords, 11,000 people have written to their MPs on this issue. Seventy per cent of those who responded to the consultation were cyclists. Surely it is the duty of the Government to try to put this right and change the wording. It must be much more sensible to do that than to have this ambiguity over the Highway Code, because there is a lot of unease about it.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c290
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am with the noble Baroness in this regard; as a driver, I sometimes get irritated by cyclists who do that. I do not have those statistics in front of me, but I am willing to try to research them. All road users should be obliged to stick to the Highway Code and obey the rules of the road because that is right, and by doing that we all understand exactly what we are doing on the roads.
My Lords, I am with the noble Baroness in this regard; as a driver, I sometimes get irritated by cyclists who do that. I do not have those statistics in front of me, but I am willing to try to research them. All road users should be obliged to stick to the Highway Code and obey the rules of the road because that is right, and by doing that we all understand exactly what we are doing on the roads.
Answered by
Lord Bassam of Brighton
(Labour)
Asked by
Baroness Oppenheim-Barnes
(Conservative)
Type
Oral answers to questions
My Lords, how many times have cyclists been prosecuted for going through red lights, which they do very frequently?
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c289
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, perhaps cyclists in Brighton are different. I am not aware of having come across too many cyclists who have failed to indicate where they are going; indeed, they have helped me by what they are wearing and by using a helmet, so I do not entirely agree with my noble friend. We should encourage the safer use of cycles and of course people should wear high-visibility clothing and helmets so that they are better protected. But I also encourage people to think carefully about how they use their cycle and, where appropriate, to have cycling training.
My Lords, perhaps cyclists in Brighton are different. I am not aware of having come across too many cyclists who have failed to indicate where they are going; indeed, they have helped me by what they are wearing and by using a helmet, so I do not entirely agree with my noble friend. We should encourage the safer use of cycles and of course people should wear high-visibility clothing and helmets so that they are better protected. But I also encourage people to think carefully about how they use their cycle and, where appropriate, to have cycling training.
Answered by
Lord Bassam of Brighton
(Labour)
Asked by
Lord Janner of Braunstone
(Labour)
Type
Oral answers to questions
My Lords, does my noble friend ever drive home at night and see that the prime danger from cyclists is that they do not light their bicycles properly? There is a constant danger of running into cyclists because they have no lights at the rear of their bicycles, too often their clothing is dark and they often do not wear sufficient protective clothing. Surely cyclists should be induced to save their own lives by looking after their own safety.
Subjects
Cycling; Cycleways; Highway code
Date
17 May 2007
Reference
692 c290
Chamber / Committee
House of Lords chamber
House
House of Lords