|
COMMENTS ON HIGHWAY CODE CONSULTATION DOCUMENT
MAG UK has responded to the DSA (Driving Standards Agency) an Executive Agency of the Department for Transport consultation regarding the updating of The Highway Code.
Overview
Our response has been prepared in consultation within MAG UK’s National Committee by means of its Regional and Local Group structure and individual MAG members. These riders represent motorcyclists with varied expertise and experience in relation to motorcycling.
We have added to our response comments from other motorcycle organisations which we are closely associated with and feel are relevant.
We have also added comments to rules that are not included in the consultation but feel strongly that they need the addition or amendments presented.
The main reasoning behind MAG UK’s responses is to include additional advice in the Highway Code for other vehicle drivers so that they more aware of motorcyclists.
Also to make motorcyclists more aware and not to merely accept that another vehicle user has in effect seen a motorcyclist, especially at road junctions.
We also have concerns that this awareness is not set out either strongly enough or not at all in the DSA practical or theory tests for other vehicle users.
Therefore to support our reasoning, MAG recommends the document "How Close is Too Close" which is attached to this consultation response and is available at www.mag-uk.org
Changes – Rules – Annexes
Rule 82 (p 22) Consultation
Add "Be aware that other vehicle drivers may still have not seen you or not have judged your distance or speed correctly especially at junctions"
Comment: MAG UK is concerned with the use of the graphic that accompanies this rule.
It is our opinion that this gives the impression to riders that bright or reflective clothing or a white helmet and headlights will be a fail safe aid to make them more conspicuous.
Regarding white helmets anecdotal evidence suggests that there are only a small number of "plain" white helmets supplied in today’s market place.
Therefore although this advice is well intended it is perhaps outdated.
Perhaps a better way to represent conspicuity in the graphic would be that both riders have a mixture of bright clothing and headlight illuminated with a tick above each rider.
MAG is of the opinion that this negates any negativity and halts any blame that may apportioned in a collision to the motorcyclist.
Although MAG UK appreciates the generic advice that the Highway Code offers to drivers and riders, there is conflicting evidence regarding the issue of what makes a rider conspicuous to other vehicle drivers especially regarding Right of Way Violations (ROWV) or SMIDSY’s (Sorry Mate I Didn’t See You) accidents.
The DFT Think Campaign released earlier this year says, "In 2003, 73% of all crashes involving a two-wheeled motor vehicle also involved a car.
The DfT report, In-Depth Study of Motorcycle Accidents, concluded that the most common cause of motorcycle crashes is a 'right of way violation'. The majority of these incidents occur at T-junctions and it is usually the motorist - rather than the biker - who is at fault.
In around 65% of these 'right of way' incidents, a driver somehow fails to see a motorcyclist who should be in clear view - a biker who is often is spotted by witnesses and other road users who are present at the time.
This figure of 65% does not include incidents where drivers fail to take a restricted view into account, or fail to judge the speed and/or distance of an approaching biker."
MAG UK is off the opinion that advice to new riders and other vehicle users must be introduced at an early stage in their learning process.
Rule 83 (p 22)
Add " Be aware that in certain conditions for example in rain or bad light conditions that other vehicle drivers may still have not seen you"
Rule 99 (Highway Code)
Add additional line to paragraphs
Braking
Skids. …………………… Drivers of vehicles and riders of motorcycles should be aware of the danger presented by spilt diesel fuel on the road surface: especially on corners, roundabouts and at junctions.
(MAG UK supporting Killspills www.killspills.org.uk)
Rule 105 (Highway Code)
Stopping distance the presence of spilt diesel fuel on the road will significantly reduce the level of grip between the tyres and road surface and will seriously increase your stopping distance.
(MAG UK supporting Killspills www.killspills.org.uk)
Rule 140 (p 39-40)Consultation
Add "Take extra care to look for motorcyclists at junctions - they may be less conspicuous than cars"
Rule 164 (p 47-48) Consultation
Replace "watch out for cyclists, motorcyclists and pedestrians as they are not always easy to see"
With "Ensure you take enough time to look for cyclists, motorcyclists and pedestrians. You may need to move your head to look around the window pillars in your car, which can obstruct your view"
Rule 173 (p 50) Consultation
Add "If you are turning right out of a stream of stationary or slow-moving traffic, take especial care to look for cyclists or motorcyclists who may be filtering through the traffic"
Rule 181(p 53) Consultation
Delete "motorcyclists".
Add "cyclists or motorcyclists who may be passing on your left as you exit the roundabout"
Rule 205 (p 58)Consultation
Add "Ensure you take enough time to look for cyclists and motorcyclists. You may need to move your head to look around the window pillars in your car, which can obstruct your view"
Rule 205 (p 58) Consultation
Add "Ensure you take enough time to look for cyclists and motorcyclists. You may need to move your head to look around the window pillars in your car, which can obstruct your view"
Rule 233 (p 65-66) Consultation
Replace "Check for cyclists or other traffic"
With "take extra care to look for cyclists or motorcyclists, who may be passing, before you open your door"
Rule 235 (p 66) Consultation
Replace "Blue Badge holders or residents" With "Blue Badge holders, residents or motorcycles"
Annex 5. Penalties (Highway Code)
Add additional offence to "Penalty table" and footnote as follows:
|
Offence
|
Imprisonment
|
Fine
|
Disqualification
|
Penalty Points
|
|
Using a vehicle in a dangerous condition **
|
-
-
-
|
Goods vehicle – £5000
Large passenger carrying vehicle - £5000
Others - £2500
|
Discretionary
Discretionary
Discretionary
|
3
3
3
|
|
** A vehicle that allows diesel fuel to be spilt on to the road may be considered to be in a dangerous condition.
(MAG UK supporting Killspills www.killspills.org.uk)
Annex 6 (Highway Code)
Vehicle maintenance, safety and security.
Amend paragraph titled "Petrol stations" as follows:
Petrol stations/Fuel tank/Fuel leaks
Always switch off the engine before refuelling the vehicle. Never smoke or use a mobile phone on the forecourt of petrol stations as this is a major fire risk and could cause an explosion.
Diesel spillage is dangerous to other road users, particularly motorcyclists, as it will significantly reduce the level of grip between the tyres and road surface. Double check for fuel leaks and make sure:
· The fuel filler cap is fastened securely
· The seal in the cap is not torn, perished or missing
· There is no visual damage to the cap or the fuel tank
· Emergency fuel caps, if fitted, should form a good seal
Remember that fuel expands when it is hot. If you overfill the tank and the fuel expands, it can leak through the breather, wasting fuel and money.
Spilt fuel is also hazardous to other road users; it may reduce vehicle stability and prevent safe braking. Diesel fuel can damage road surfaces which can have serious implications for other road users.
Special care should be taken when carrying fuel, other than in the vehicle’s fuel tank, to ensure that fumes do not affect the driver’s ability and that fuel is not able to spill onto the road or into the passenger compartment of the vehicle.
Fuel can also be spilled on petrol station forecourts and can be picked up on the tyres of other vehicles using the same pump. This, in turn, can affect the vehicle’s grip level when out on the road again (particularly in the case of diesel). Ensure when filling up your vehicle’s tank and any fuel cans you are carrying that any fuel spilled onto the forecourt is reported immediately to the petrol station staff.
(MAG UK supporting Killspills www.killspills.org.uk)
Annex 8 (p 111-112) Consultation
Add to "further training" section some motorcycle-relevant links.
For Example
www.bikesafe.co.uk
www.rospa.com/drivertraining/courses/advanced_tests/motorcycle_scooter.htm
www.helpingldrivers.com
www.iam.org.uk
www.handleitorloseit.com
Trevor Baird – Director Of Public Affairs
|
