Call for evidence outcome

Cycling and Walking Investment Strategy safety review: call for evidence

Updated 22 November 2018

Foreword

Active travel, making journeys by physically active means such as cycling and walking, has huge potential benefits both for individuals and for our wider society. The Government’s Cycling and Walking Investment Strategy, published in April 2017, set out our aim to make cycling and walking the natural choices for shorter journeys or as part of a longer journey.

We have made good progress to date; Government spending on cycling trebled between 2010 and 2017, and on average people are cycling further than they did ten years ago. In some cities, notably London, there has been a sharp increase in the level of cycling. But there is much more to do, and our ambition in this review goes further still: to make cycling the natural mode of transport even for a 12 year old.

Since the cycle safety review was announced, the Department has worked closely with cycling, walking and wider road safety organisations to identify the main issues that should be tackled as a priority to improve safety between cyclists and other road users. During that process of engagement, it became clear how many actual and potential policy areas were relevant to cyclists and pedestrians alike.

Given our strong commitment to cycling and walking, we have therefore decided to use this review to consider safety measures that will bring cycling and walking closer together as part of our overall ambition to increase active travel.

Cycling, like walking, needs to be universally seen as easy, fun and safe. Safety, and the perception of safety, are vital if we are to create a rapid increase in the use of active travel.

The truth is that cycling is generally very safe, and serious accidents are rare. But we need to make it safer still, for all road users, so that it becomes a default mode of transport, whatever one’s age or background. But safety does not simply include road safety - it also includes physical health and well-being, in a clean and green environment. The evidence is clear: cycling and walking have the capacity to transform the health and well-being, not only of people who walk and cycle themselves, but of everyone in society.

We now have a great opportunity: to recast local and national approaches to active travel, and create a new world of genuinely multimodal transport. But to do this we need your help, ideas and evidence. This consultation document summarises some of the key evidence for change, and then highlights key areas in which we are seeking your views.

We are looking for great ideas, for evidence of what works, for examples of good practice from other countries, for innovative technologies, for imaginative solutions, and for idealism tempered with a sense of the practical. Over to you!

JESSE NORMAN

Executive summary

Introduction

1 Britain has some of the safest roads in the world. Casualties have fallen substantially over the last 10 years, with a 44% reduction in fatalities on Britain’s roads since 2006.

2 The Government wants walking and cycling to be a normal part of everyday life, and the natural choices for shorter journeys - such as going to school, college or work, travelling to the station, and for simple enjoyment. As part of our aim to build a society that works for all, we want more people to have access to safe, attractive routes for cycling and walking by 2040.

3 The aim of this Call for Evidence is to support an open and comprehensive review of how we can address the issues that cyclists and pedestrians face, or perceive, when using our road infrastructure, to support the Government’s aim of increasing cycling and walking.

Importance of improving safety and perceptions of safety

4 Cyclists and pedestrians are much more vulnerable to the physical impact of a collision than those in an enclosed vehicle. In 2016, a total of 550 pedestrians and cyclists were killed on Britain’s roads, making up nearly one third of all fatalities.

5 The Government has a holistic view of road danger reduction, in line with the ‘safe system’ approach. This recognises that there may be no single intervention which will transform road safety, but that many smaller measures can make a difference.

6 It will also be vital to address perceptions of risk, as safety fears are cited as a barrier to cycling and walking.

7 Cyclists are one of the most vulnerable road user groups and in the majority of collisions are likely to come off worse. But on the rare occasions that cyclists cause harm to others through their own actions it is right that appropriate penalties are in place.

8 There are longstanding concerns that cycling law does not adequately address some situations where death or serious injury occurs. These were highlighted by the tragic incident in February 2016 which resulted in cyclist Charlie Alliston being found guilty of causing bodily harm by wanton or furious driving following the death of Kim Briggs. The Government commissioned an independent legal expert to consider and report on the case for a new offence equivalent to causing death or serious injury when cycling. The Government is considering that report and will respond separately in due course.

Benefits of active travel

9 Encouraging active travel can generate benefits for the whole of society, not just for those using a bike to get around. To have more people cycling and walking is good for our transport system as a whole, for local economies, for social inclusion, and for public health.

10 Improvements to infrastructure and programmes designed to change behaviour which enable increased activity levels amongst local communities can provide low cost, high-value improvements to individual health. This can result in long-term cost savings for our health and social care systems, reduced pressure on transport systems and economic benefits through more efficient use of our transport networks.

11 Active commuting by bicycle is associated with a substantial decrease in the risk of death from all causes, including cancer and cardiovascular disease, compared with non-active commuting by car or public transport. Walking is also associated with a lower risk of cardiovascular disease. The NHS says that research shows physical activity can boost self-esteem, mood, sleep quality and energy, as well as reducing the risk of stress, depression, dementia and Alzheimer’s disease. Public Health England (PHE) published ‘Everybody Active, Every Day’ as the national physical activity framework for England in October 2014. The two-year review of the framework, published in February 2017, recognised the importance of the Cycling and Walking Investment Strategy; and of linking the active travel and health agendas.

12 Cycling and walking can also offer benefits to disabled people. For some, cycling can be easier than walking and a way to keep independent, fit and healthy. Bikes, and other forms of cycles, may be used as mobility aids, as well as a useful form of everyday transport.

13 Improving facilities to encourage active travel can also support the transformation of local areas as places: increasing cycling and walking can see employers benefit from a healthier workforce and thriving high streets supporting local employment. At the same time more opportunities are created by delivering streets which are accessible for people with reduced mobility or visual impairment.

Who should read this document

We want to hear from individuals and organisations with an interest in making cycling and walking safer, with the overall objective of encouraging more people to travel actively.

We are seeking responses that are constructive and, as far as possible, evidence based, drawing on experience from the UK, or from other countries, that we can use to shape future policy decisions.

This includes from:

• Local authorities
• Local, regional and national transport bodies
• Metro mayoralties
• Transport operators
• Cycling and walking organisations
• Organisations representing other road users
• Disability groups
• Road Safety professionals, researchers and academics
• Police forces
• Community health bodies
• Approved Driving Instructors
• Cycle trainers
• Parents
• Teachers and schools
• People who cycle regularly, whether for leisure, work or commuting
• People who would like to cycle or walk more

How to respond

The consultation period began on 9 March and will run until 1 June 2018. Please ensure that your response reaches us by the closing date.

You are invited to respond to the consultation via the online response form.

Alternatively, you may send your response by email to CWIS.safety@dft.gsi.gov.uk.

Freedom of information

14 Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

15 If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

16 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

17 The Department will process your personal data in accordance with data protection legislation and will not disclose your personal data to third parties.

What will happen next?

18 A summary of responses, including the next steps, will be published within three months of the close of the consultation. Paper copies will be available on request.

Devolution

19 Road Safety is a devolved matter. The Governments and administrations of Scotland and Wales have strategic responsibility for road safety, including policy for cycling and walking, in their countries. The Government in Westminster is responsible on behalf of all of Great Britain for the Highway Code, some road traffic offences, vehicle standards, driver training and testing, among other things; the Governments in Scotland and Wales are responsible for managing their trunk roads and have the power to legislate on speed limits and some other issues. Northern Ireland is responsible for its own road traffic legislation.

1 Cycling and walking: safer and better for everyone

Safer Cycling and Walking: a stronger economy for everyone

1.1 The cycling economy is worth £2.9bn p.a. and there is clear potential to grow this further. The success of our athletes in the Tour de France, 2016 Olympics and Paralympics in Brazil inspired many people to rediscover, or discover for the first time, the benefits of cycling - both for their pockets and their health.

1.2 Cycling benefits everyone in the wider community - whether they cycle or not:

• For motorists – by reducing congestion and conflict through traffic segregation and reduction in the number of vehicles on the road.
• For pedestrians - by taking the opportunity to improve footways and crossings when implementing cycling infrastructure, and reducing emissions where there is a mode shift from motorised traffic.
• For the vitality of local businesses and high streets - by improving access to employment sites, local shops and leisure facilities.

1.3 At a national level (England), cycling has remained at 2% of all journeys for a number of years. However, in places that have consistently invested in cycling there have been significant increases in trips by bike. This is most obvious in London where cycling stages increased by 154% in the period from 2000-2016 (PDF, 6.3MB).

1.4 The economic impacts of road congestion are far-reaching to individuals, businesses, the environment and the wider economy. Delays are a major concern for businesses as they reduce productivity, increase costs, and can damage reputations. Bicycles take up much less road space than cars. - it is important to consider the flow of people and not just traffic, particularly when many vehicles have a single occupant. In 2016 in England, 62% of car/van trips consisted of a driver only.

Safer Cycling and Walking: working together

1.5 Realising an ambition for safer cycling and walking will require sustained leadership, collaboration and innovation at each level of Government and between sectors.

1.6 We know that in towns and cities where cycling and walking are normal everyday activities, the effect is to make their economies stronger and wealthier, their people fitter and healthier, and their environment more pleasant, less congested and less polluted. They have become more attractive and vibrant places.

Safer Cycling and Walking: A health benefit too

1.7 There are also significant health benefits from cycling and walking. With the increase in illnesses associated with sedentary lifestyles and the reduction in levels of physical activity, cycling provides a cheap and easily accessible form of exercise that can be incorporated into daily lifestyles.

1.8 Cycling or brisk walking for just 10 minutes a day counts towards the 150 minutes of physical activity for adults per week, as recommended by the UK Chief Medical Officers. Physical activity helps to prevent and manage more than 20 chronic health conditions, including cardiovascular disease, stroke, type 2 diabetes, dementia, obesity and a variety of cancers. It is also linked to overall health benefits, such as reduced injury risk, improved quality of life, increased productivity and reduced absenteeism at work.

1.9 A Rapid Evidence Assessment commissioned by the Department of Transport in 2016 revealed evidence that the scope for health benefits from walking and cycling interventions is significant and the potential savings far outweigh the investment costs in most cases. Furthermore, the review notes that physical inactivity contributes directly to illness, and the associated cost to the National Health Service has been calculated at between £0.9 - £1 billion per year, while indirect costs add another £8.2 billion per year.

Safer Cycling and Walking: A better environment overall

1.10 There are a number of challenges facing the country today that can be addressed in part by greater take-up of cycling and walking. For example, the Climate Change Act (2008) established a long-term framework and targets to reduce the UK’s greenhouse gas emissions by at least 80%, compared to 1990 levels, by 2050.

1.11 Transport is a major source of greenhouse gases, with around a quarter of domestic carbon dioxide and other greenhouse gas emissions in the UK coming from transport. Transport is also a source of emissions which worsen air quality. Reducing greenhouse gases from transport - for example, through the increased use of sustainable modes of transport such as cycling and walking - will help our long term goal of reducing the UK’s greenhouse gas emissions, and will also improve air quality. It has been estimated that shifting 10% of short urban trips from car to bicycle in English and Welsh urban areas outside London could save over 100 premature deaths from air pollution related illnesses annually (PDF, 672KB).

Safer Cycling and Walking: Travelling to school

1.12 In 2016, just 3% of 5-16 year olds across the country cycled to school regularly. This national figure masks significant variations at the local level, but there is clearly substantial untapped potential for more cycling to school.

1.13 Schools who have piloted the Bikeability Plus programme, which aims to tackle specific barriers to cycling, saw an increase in children who “normally cycle to school” from 4% to 10%. Some areas achieved even higher gains, from 5% to 25% (Peterborough and Cambridgeshire). Cycling also remains one of the most popular activities for children outside school, alongside swimming and football.

1.14 The Government wants to support schools in encouraging their pupils, parents and staff to walk and cycle more often. The Cycling and Walking Investment Strategy set a target to increase the percentage of children aged 5 to 10 that usually walk to school from 49% in 2014 to 55% in 2025.

Cycling and Walking Investment Strategy: Realising the benefit

1.15 To help achieve these benefits the Government has made over £1.2 billion of Government funding available to local bodies over five years that may be invested in cycling and walking from 2016-17 until 2020-21, as part of the Spending Review 2015 settlement. Many of the decisions on the allocation of these funds will be made by the relevant local body, in line with the Government’s devolution and localism agenda and to make the process of bidding for public funds more streamlined for local bodies through funding streams, such as the Local Growth Fund.

1.16 We have committed over £300 million in dedicated cycling and walking programmes alone over this Parliament. We will invest £50 million to provide a further 1.3 million children with cycling proficiency training through the Bikeability scheme; £101 million to deliver the Cycle City Ambition scheme in full; £85 million for Highways England to make improvements to 200 sections of the road network in England, for cyclists; £80 million to support local cycling and walking schemes through the Access Fund; £30m to improve road and cycle safety for cyclists and pedestrians in towns and villages along the High Speed 2 (HS2) route between London and the West Midlands; and a further £30 million road safety fund, which will be used to make improvements in places along the line of the HS2 route – for instance, to support traffic calming, safer junctions or better pedestrian crossings.

1.17 This is in addition to further funding identified since the publication of the Cycling and Walking Investment Strategy, which includes £77m of local road schemes that support cycling and walking projects through the National Productivity Investment Fund, such as through further work to the Leeds Cycle Superhighway; and the £1.7bn Transforming Cities Fund to improve local transport links including cycling and walking improvements to make it easier to travel between city centres and suburbs. Several of the proposals under the £175m Safer Roads Fund (targeting the 50 most dangerous road sections in England) have also included specific improvements for cycle and walking infrastructure.

1.18 To help ensure people across the country feel safe when cycling, the Government has recently invested an additional £7m to improve cycle safety.

1.19 The eight Cycle City Ambition hot spots have been invited to bid for a share of £6.5 million of the total funding to pilot new schemes to improve cycle safety. This will support the Government’s aim of encouraging more people to cycle as part of everyday journeys. The remaining £0.5 million will support the Big Bike Revival project – a successful initiative which is helping to get more people cycling safely and confidently across the country, as well as supporting cycling in less economically developed parts of the country.

1.20 As part of the package of support for the Cycling and Walking Investment Strategy, the Government is helping local bodies that are serious about increasing cycling and walking in their local areas to take a more strategic approach to improving conditions for cycling and walking, and has published guidelines on the preparation of Local Cycling and Walking Infrastructure Plans.

1.21 The Government has also launched a package of technical support to local bodies wishing to develop a Local Cycling and Walking Infrastructure Plan. The support available to local bodies includes the Propensity to Cycle Tool that has been developed to allow them to identify areas of high cycling propensity and a directory of guidance for transport planners and engineers. The Department will engage with Local Enterprise Partnerships, building on our existing successful Sustainable Transport Delivery Excellence Programme in order to build capability and understanding.

1.22 To help with the preparation of Local Cycling and Walking Infrastructure Plans a guidance document has been prepared for publication, alongside the Cycling and Walking Investment Strategy, for local authorities and Local Enterprise Partnerships. The guidance sets out a recommended process for developing the plans, providing a step-by-step guide to planning local cycling and walking networks and developing high quality schemes. This guidance also outlines the importance of working across local authority boundaries with a range of local bodies, delivery partners and other local stakeholders.

1.23 The Government continues to support the sharing of good practice between local authority officers and elected members through its support for a range of external events, including the 2018 Cycle City, Active City conference.

2 Better Safety: our approach

Safety and perceptions of safety

2.1 The safe system approach recognises that people are human, that they make mistakes and that crashes will occur. A minority of crashes with serious consequences are caused by deliberate offences or risk-taking behaviour but the majority result from errors of perception or judgement by otherwise compliant road users. Under a safe system approach all parts of the system may need to be strengthened: roads and roadsides, speeds, vehicles, the emergency medical system and road user standards - so if one part fails, the other parts will provide protection. The goal is to, as far as possible, prevent road user error from leading to crashes, or if crashes do occur, to minimise the risk of death or serious injury.

Hierarchy of road users

2.2 The hierarchy of road users is also important when considering safety. This is a well-established concept in transport planning which places the most vulnerable road users at the top: pedestrians, and in particular people with disabilities, followed by cyclists, then public transport and finally other motorised transport. The reason for this is to ensure that the needs of the most vulnerable are fully and actively considered in the development of transport schemes.

Safety

2.3 In 2016 there were 448 pedestrian road fatalities in Great Britain (accounting for 25% of all road deaths) and 102 cyclist road fatalities (accounting for 6% of all road deaths). In addition, 5,140 pedestrians and 3,397 cyclists were seriously injured and 17,962 pedestrians and 14,978 cyclists were slightly injured. Whilst casualty rates are low compared with the number of miles travelled, both pedestrians and cyclists have much higher casualty rates per mile travelled than motor vehicles (excluding motorcycles).

2.4 Most cyclist and pedestrian casualties involve a collision with a car, but those involving HGVs and buses are disproportionately more likely to result in a fatality. A substantial proportion (about one fifth) of cyclist casualties occur at junctions when a motor vehicle is turning, and nearly two-thirds of pedestrian casualties occur when a pedestrian is crossing the road (not at a pedestrian crossing). Where cyclists and pedestrians are injured, failing to look properly is the top contributory factor assigned to all involved: cyclists, pedestrians and drivers. Whilst cyclist injuries are most likely to occur in urban settings, cyclist fatalities are most likely to occur in rural settings. Compared with the distance they walk, those aged over 70 are over-represented amongst pedestrians killed or seriously injured.

Perceptions of safety

2.5 Perceptions of safety can influence the decision to walk or cycle or use another mode, and fear is a major reason given for not cycling. In 2016 59% of British people agreed with the statement “It is too dangerous for me to cycle on the roads”, with older people, females and non-cyclists most likely to agree, lower than the 64% who agreed in 2015.

2.6 This perception exists although the likelihood of being in a serious collision is actually low. In 2016 there were two pedestrian casualties and five cyclist casualties per million miles travelled, indicating a very low risk of being a casualty for each mile walked or cycled. Nevertheless, both walking and cycling still have a significantly higher casualty rate per mile travelled than driving a car or van.

2.7 The Government is engaging with organisations delivering projects to increase cycling in under-represented groups (for example women, older people, or those from black, Asian or minority ethnic backgrounds). During 2016/17 the Government supported Cycling UK’s Big Bike Revival programme in local communities, which supports people who are under-represented in terms of cycling. An evaluation of the programme reported that more than half of women indicated feeling safer when cycling following their involvement with the programme.

2.8 Perceptions of safety can also be influenced by issues such as personal security. Whilst outside the scope of this review, it is important to recognise that other factors exist; for example, barriers to walking among older people include fears of falling.

Key themes

2.9 In line with the safe system approach, and following initial discussions with a range of stakeholders, we have identified the following themes to support cycling and walking as safe and reliable ways to travel for short journeys:

• Infrastructure and traffic signs
• The law and rules of the road
• Training
• Educating road users
• Vehicles and equipment
• Attitudes and public perceptions

2.10 The next section of the document considers each theme and, whilst not intended to provide an exhaustive description, gives a short overview of the current situation in each case. We invite responses to a set of high-level questions that will inform our future thinking and next steps in the aspiration for more and safer cycling and walking around the country.

2.11 This is designed to be an open and inquiring Call for Evidence, not a long document with answers. We are seeking the widest possible response from those who have something of value to offer, something to say, and therefore something to add to cycle safety policy and Government strategy on cycling and walking. This is about changing perceptions and changing approaches. But mostly, this is about making our roads safer for cyclists, which will deliver benefits for all road users and particularly for everyone who walks anywhere.

Wherever possible, please provide reasoning for your response

We are specifically interested in ideas and proposals that are:

• based on evidence, and which
• support the Government’s aim to increase walking and cycling.

3 Infrastructure and traffic signs

Current situation

3.1 Responsibility for the road network in Britain lies with:

• Highways England in England
• the Welsh Government in Wales
• the Scottish Government in Scotland
• local or regional highway authorities

3.2 Highways England and the Welsh and Scottish Governments are responsible for the Strategic Road Network in Great Britain. Strategic roads are the highways that link cities, areas of population, ports and airports. Most motorways and some “A” roads are strategic roads.

3.3 Local highway authorities are responsible for public roads that are not part of the Strategic Road Network. This includes a few motorways, classified “A”, “B” and “C” roads and unclassified roads.

3.4 Local authorities have specific obligations in respect of road safety. Under S39 of the Road Traffic Act (1988) they are required to promote road safety, to undertake collision/casualty data analysis and to devise programmes, including engineering and road user education, training and publicity, which will improve road safety.

3.5 Local authorities are also responsible for many aspects of road management that are particularly important for the safety of cyclists and pedestrians, such as local road infrastructure planning and maintenance, under a framework defined by the Department for Transport.

3.6 Local authorities make provision for cycling and walking in different ways, from simple cycle lanes on the road to full segregation. London’s Cycle Superhighways incorporate a range of measures to provide safer, more direct routes from outer London, into and across central London. Great progress has been made in many other areas such as West Yorkshire where over 30km of new segregated cycle routes have been created.

3,7 Highways England is responsible for the Strategic Road Network in England and have published an Interim Advice Note 195/16 ‘Cycle Traffic and the Strategic Road Network’. The advice in that document is designed to ensure that the needs of cyclists are accommodated in all future schemes and that infrastructure facilitates the convenient and safe movement of cyclists along or across the Strategic Road Network in England.

3.8 The Highways England Cycling Strategy will enable cycle-proofing of the Strategic Road Network in England and reduce any severance from new road schemes by enhancing access for a variety of users, including pedestrians, horse riders, and people with disabilities or health conditions. Highways England is also committed to upgrading and increasing the number of safe crossings on the network in the interests of the safety and convenience of more vulnerable road users, as well as ensuring they integrate with other transport networks, including local roads and existing and new rail links.

3.9 The Department for Transport has published a number of guidance documents to help local authorities in designing safe and appropriate local road infrastructure including:

• Manual for Streets and Manual for Streets 2

These focus on street design as a whole, rather than singling out specific modes or types of road user, but they include the concept of a hierarchy of provision which puts pedestrians and cyclists at the top.

• Inclusive Mobility

This is a guide to best practice on improving access to public transport and creating a barrier-free pedestrian environment. This document was originally published by the Department for Transport in 2002, but is being updated to reflect current legislation and good practice, particularly with regard to the much greater awareness of hidden disabilities.

• Local Transport Note 2/08 Cycle Design

This good practice design guidance was originally published by the Department for Transport in 2008, and is being updated.

• The Local Cycling and Walking Infrastructure Plans Guidance

This is technical guidance for local authorities in planning networks of walking and cycling routes. It brings together good practice, including Transport for London’s Cycling Design guidance and the Welsh Active Travel Design guide.

• Local Transport Note 1/12 Shared Use Routes for Pedestrians and Cyclists

Shared use schemes require careful consideration if they are to work well. This note provides advice on their planning, design and provision.

3.10 The National Planning Policy Framework sets out how the planning system should help deliver sustainable development, and includes a set of core land-use planning principles which underpin plan-making and planning decisions. The supporting Planning Practice guidance highlights the importance of cycling and walking infrastructure in delivering healthy communities.

Traffic signs

3.11 Traffic signs play a vital role in directing, informing and controlling road users’ behaviour in an effort to make the roads as safe as possible for everyone. This makes knowledge of traffic signs essential, not just for new drivers or riders needing to pass their theory test, but for all road users including cyclists and pedestrians.

3.12 Traffic signs are placed by the traffic authority, through the powers provided by the Road Traffic Regulation Act (1984), to provide warnings, information and details of restrictions to road users. The police and certain other public bodies and statutory authorities also have the right to place traffic signs, but only in the limited circumstances provided for by the relevant legislation.

3.13 It is important that traffic signs are consistent both in appearance and in the way they are used. To ensure that Britain has a uniform traffic signing system, signs must conform to the Traffic Signs Regulations and General Directions (201), as amended (TSRGD). Authorities may only use signs of a size, colour and type prescribed in legislation or specially authorised by or on behalf of the national authority.

3.14 TSRGD prescribes many new cycling and walking measures, including new designs for Advanced Stop Lines (ASLs), cycle ‘early start’ signals, a new parallel pedestrian and cycle crossing and low-level mini cycle signals.

3.15 The Traffic Signs Manual offers advice to traffic authorities and their contractors, designers and managing agents on the correct use of traffic signs and road markings on the highway network. While the Manual can assist with complying with the mandatory requirements, it cannot provide a definitive legal interpretation, nor can it override them. This remains the prerogative of the courts or parking adjudicators, in relation to the appearance and use of specific traffic signs, road markings etc. at specific locations.

Consultation question 1

Do you have any suggestions on the way in which the current approach to development and maintenance of road signs and infrastructure impacts the safety of cyclists and other vulnerable road users? How could it be improved?

4 The law and rules of the road

Current situation

4.1 The Government sets the regulatory framework for road safety. There have been many advances since 1896 when a London woman became the first recorded pedestrian to be killed by a car.

4.2 In that case there was no precedent for such an accident, so there was no legal penalty. The driver was released without charge and the coroner expressed a hope that such a fatality would never happen again. However, fatalities continued, rising to their highest total of 7,985 in 1966. Much has changed since then with the introduction of successive sets of measures to protect road users such as licensing, testing, compulsory speedometers and drink-drive limits as well as offences and penalties for those who break the law.

4.3 Road safety laws are aimed at reducing casualties and improving road safety, and cover vehicles, road users and infrastructure. Legislation is amended and updated to ensure it remains relevant to changing travel patterns. Road safety law was heavily updated by the Road Safety Act 2006, but there are many relevant laws contained in other legislative instruments. The Department for Transport works closely with other departments to provide a framework of road traffic offences to ensure a considered and proportionate approach to road safety, to make clear what behaviours and standards are expected from road users and the vehicles they use, and, where needed, to ensure compliance.

4.4 Traffic authorities have a range of statutory duties placed on them to manage their road networks efficiently and provide safe movement for all traffic (which includes pedestrians and cyclists).

4.5 Enforcement of traffic offences is split between the police and local authorities. Under the Traffic Management Act (2004) local authorities can take up powers to enforce parking offences; over 90% of local authorities have done so. Local authorities can also enforce against driving in bus lanes. Other moving traffic offences, such as disobeying a ‘no entry’ sign or a yellow box junction, are the responsibility of the police to enforce.

4.6 The situation is different in London. The London Local Authorities and Transport for London Act (2003) enabled Transport for London and the London Boroughs to take up powers to enforce moving traffic offences that were previously the responsibility of the police, such as driving in a cycle lane and yellow box junctions. Part 6 of the Traffic Management Act (2004) would extend these powers to authorities outside London, but this has not yet been commenced.

The Highway Code

4.7 The Highway Code brings all the rules of the road together. Many of the rules in the Code reflect legal requirements and failure to comply with them is a criminal offence. Other rules are advisory and the Highway Code can be used as evidence in civil or criminal proceedings to establish any liability in question in those proceedings.

4.8 The Highway Code sets out rules for all road users including pedestrians and cyclists. Drivers of motor vehicles are required to demonstrate an understanding of the Highway Code through the theory test, which must be taken and passed before drivers or motorcyclists can take a practical test.

4.9 Some countries apply different rules aimed at protecting vulnerable road users such as requiring vehicles to give way to cyclists and pedestrians when turning into the junction, as set out in British Cycling’s Turning the Corner campaign.

Civil liability

4.10 In civil law in England and Wales, liability for accidents is predicated on the establishment of the defendant’s negligence. In order to prove negligence, it is necessary to prove that the defendant owed the claimant a duty of care, that they breached that duty and that the claimant’s injuries or damage to property were caused as a result.

4.11 Drivers of motor vehicles must have compulsory motor insurance to drive their vehicle on roads or other public places in the UK. Third party insurance is the legal minimum. This means that the insurance policy provides cover in the event of damage or injury to any other person, vehicle, animal or property which was caused by the insured driver.

Speed

4.12 Speed is an important factor in the severity of road traffic collisions, whatever the road users involved. Research commissioned by the Department for Transport is currently underway to evaluate speed awareness courses and the use of 20mph limits. Both are due to report later this year.

4.13 The Secretary of State for Transport sets national speed limits for England. Local highways authorities have powers to set limits below the national limit. Speed limits are devolved to Scotland and Wales.

4.14 The Department provides guidance, in Circular 1/2013, on setting speed limits which encourages authorities to consider and constantly review their speed limits, advising them to take into account:

• history of collisions
• road geometry and engineering
• road function
• composition of road users (including existing and potential levels of vulnerable road users)
• existing traffic speed
• road environment

4.15 When considering whether to change a speed limit, local authorities are encouraged to seek views as widely as possible and before any statutory requirement to consult, if a change is being implemented.

Consultation question 2

Please set out any areas where you consider the laws or rules relating to road safety and their enforcement, with particular reference to cyclists and pedestrians, could be used to support the Government’s aim of improving cycling and walking safety whilst promoting more active travel.

5 Training

Current situation

5.1 A driving licence is required to operate most motorised vehicles on British roads. Car drivers are required to pass a theory test, incorporating multiple choice questions and a hazard perception test, before taking a practical driving test. Driving lessons are not mandatory but most drivers receive some training from an Approved Driving Instructor (ADI), often supplemented by supervised driving with a relative or friend.

5.2 Those wishing to ride a motorbike or moped must first take Compulsory Basic Training (CBT), a short course intended to make sure that the individual can ride safely on their own while they practise for their full moped or motorcycle test. As with car drivers, riders must also pass the theory test before taking the practical test. This is followed by two practical tests: module 1, an off-road ride testing manoeuvres; and module 2, an on-road riding test. Younger riders are required to take additional tests if they wish to ride larger motorbikes, subject to meeting minimum age criteria.

5.3 Drivers who wish to operate larger, heavier vehicles such as minibuses, lorries or cars with a trailer are required to take additional tests as appropriate.

5.4 Once a full licence has been obtained for a particular vehicle, most road user training is voluntary. Qualified lorry or bus drivers must do 35 hours of periodic training every five years to keep their Driver Certificate of Professional Competence (CPC). The Driver CPC syllabus sets out a range of issues that can be included and some providers offer courses aimed at cycle safety.

5.5 Some driving and road safety organisations offer additional training for car drivers such as advanced driving courses. Pass Plus is a 6-hour training course developed by the DVSA, which is aimed at helping new drivers improve their skills, but uptake is low.

5.6 A number of local authorities and organisations provide training courses for older drivers. Drivers must renew their driving licence at age 70 and then every three years. There is no test but drivers must meet the minimum eyesight standard.

5.7 If a driver is banned from driving the court may require them to take another driving test before they can drive again. In some cases an extended driving test is required.

5.8 Bikeability is the Government’s national cycle training programme designed to give people the skills and confidence to cycle safely and competently on today’s modern roads. It is underpinned by the National Standard for cycle training. The National Standard is built upon similar principles to the Standards for motorcycle riders and car drivers, teaching the importance of assessing the likely risks faced by road users. The Government has provided funding of £50 million to cover cycle training from 2016 - 2020.

Consultation question 3

Do you have any suggestions for improving the way road users are trained, with specific consideration to protecting cyclists and pedestrians?

6 Educating Road Users

Current situation

6.1 Schools can provide a vital learning ground for road safety. Road safety is not specifically part of the national curriculum, but is often taught in Personal, Social, Health and Economic Education (PSHE) and can be incorporated into other topics such as maths and citizenship. A 2015 survey of teachers showed that 70% of primary schools and 55% of secondary schools had taught road safety in the previous 12 months. Schools also provide the main delivery channel for Bikeability.

6.2 Road Safety Officers often support schools’ provision of road safety education. Many other organisations also provide road safety education to children and young adults. For example the Scout Association and the RAC partner the Cubs Road Safety Activity Badge. The charity Living Streets provides resources and support to help schools deliver road safety education, including ‘School Route Audits’ which help schools to identify risks in the local area and develop strategies to address them. The police and fire services also support road safety through various interventions such as the ‘Close pass’ initiative by West Midlands Police. Other initiatives include Road Safety Week promoted by the charity Brake and Child Safety Week by the Child Accident Prevention Trust.

6.3 The National Driver Offenders Rehabilitation Scheme (NDORS) is run on behalf of the UK Police Service courses. Where a driver has committed a relevant traffic offence, they may be offered the opportunity to attend a course aimed at re-education, as an alternative to prosecution. The Department has commissioned an evaluation of speed awareness courses and a report will be available later this year.

6.4 The Government’s THINK! campaign provides road safety information for road users to encourage safer behaviour to reduce the number of people killed and injured on our roads every year. Campaigns range from drink drive adverts to educational material for children.

Consultation question 4

Do you have any suggestions on how we can improve road user education to help support more and safer walking and cycling?

7 Vehicles and equipment

Current situation

New Vehicles

7.1 The Government sets the policy framework and the technical requirements for all new road vehicles entering the UK market. These standards cover exhaust emissions, safety and new technologies, and many of the technical requirements are agreed at international level.

7.2 The Government also supports consumer information programmes, such as EuroNCAP for new cars and the SHARP motorcycle safety helmet rating scheme.

7.3 Work is already underway at the United Nations (UN Economic Commission for Europe) to give better protection to vulnerable road users in close proximity to vehicles through improved requirements for new vehicles, and the Government is also considering ways to improve the requirements for sideguards on heavy goods vehicles being used on UK roads.

Vehicles in-use

7.4 Drivers (and motorcyclists) must ensure that their vehicle is roadworthy at all times while being used on the roads. This means complying with the requirements of the Road Vehicles (Construction and Use) Regulations and the Road Vehicles Lighting Regulations. The Government provides guidance on some of the key legal requirements through a series of information sheets that are available on the Gov.uk website.

7.5 Cars and motorcycles must normally pass an MOT test three years from the date of the first registration and every year after that. The purpose of the MOT is to check that the vehicle meets road safety and environmental standards. Heavy vehicles and large passenger carrying vehicles are subject to tougher inspection requirements, than light duty vehicles, and the test applies from the first registration anniversary instead of the third year as for other vehicles.

Bicycles

7.6 Bicycles used on the road must comply with Pedal Cycles (Construction and Use) Regulations. These require braking systems on both front and rear wheels. There are additional regulations defining lighting standards and reflectors to be used, and for a bell to be fitted at point of sale. Electrically Assisted Pedal Cycles (EAPCs) are defined in separate regulations - and electric bikes that do not adhere to these requirements may be considered a motor vehicle and subject to additional legal provisions.

7.7 The Highway Code provides advice on ensuring that a bicycle is in good working order (Annex 1: you and your bicycle). There is a statutory requirement for cyclists to ensure that their brakes are efficient and that front and rear lights are used at night along with a red rear reflector.

7.8 Riders are advised to wear a helmet and to wear light coloured/fluorescent clothing in daylight or poor light and to wear reflective clothing or accessories at night.

Consultation question 5

Do you have any suggestions on how Government policy on vehicles and equipment could improve safety of cyclists and pedestrians, whilst continuing to promote more walking and cycling?

8 Attitudes and public awareness

Current situation

8.1 There are many different types of people who cycle – from the experienced fast moving cycle courier to a child riding to school, a disabled person who finds it easier to ride a bike than to walk, someone enjoying a leisure pursuit or a worker simply on their way home from the office. Many of them will also be drivers. All of them will be pedestrians. Some may also ride a motorcycle or a horse.

8.2 Different types of cyclist are likely to ride in different ways, but research on different road user attitudes has shown that drivers have a tendency to stereotype cyclists negatively; characterised by supposed failures of attitude and competence, even while recognising that cyclists are a diverse population.

8.3 At the same time some who ride bikes may believe that car users are often dangerous, reporting intimidation, abuse and poor practice of motorists around cyclists. Examples of inappropriate driving behaviour raised by cyclists range from inattention and failing to look, to driving too close when passing, to specific acts of aggression and, in extreme cases, using a vehicle as a weapon.

8.4 As with all road users, some cyclists behave lawfully and considerately and others do not. Some behaviour which is not only legal but also good practice for safer cycling is misunderstood by some motorists. Strong opinions may come about from different groups not understanding the intention of the other, or becoming frustrated by the other’s behaviour.

8.5 Segregation from motorised traffic is widely expected for pedestrians, particularly in urban environments. Where segregation exists for cyclists it is likely that they will still have to share facilities with others at some points, whether that be with motorised traffic or with pedestrians. Given the cyclist’s vulnerability compared to the motor vehicle it is easy to understand their concerns when riding in traffic, as it is to understand the concern of pedestrians, especially disabled pedestrians, about the behaviour of some drivers and cyclists, for instance cycling on the pavement, or ignoring traffic signals or pedestrian crossings.

8.6 Some organisations have attempted to improve understanding between different road user groups through campaigns or codes of conduct. This includes initiatives such as Exchanging Places, where cyclists and HGV drivers are invited to experience the road from each other’s perspective in order to understand safer road use better.

Consultation question 6

What can Government do to support better understanding and awareness of different types of road user in relation to cycle use in particular?

9 Consultation questions

1. Do you have any suggestions on the way in which the current approach to development and maintenance of road signs and infrastructure impacts the safety of cyclists and other vulnerable road users? How could it be improved?

2. Please set out any areas where you consider the laws or rules relating to road safety and their enforcement, with particular reference to cyclists and pedestrians, could be used to support the Government’s aim of improving cycling and walking safety whilst promoting more active travel.

3. Do you have any suggestions for improving the way road users are trained, with specific consideration to protecting cyclists and pedestrians?

4. Do you have any suggestions on how we can improve road user education to help support more and safer walking and cycling?

5. Do you have any suggestions on how Government policy on vehicles and equipment could improve safety of cyclists and pedestrians, whilst continuing to promote more walking and cycling?

6. What can Government do to support better understanding and awareness of different types of road user in relation to cycle use in particular?

Consultation principles

The consultation is being conducted in line with the Government’s key consultation principles. Further information is available on the Better Regulation Executive website at https://www.gov.uk/government/publications/consultation-principles-guidance.

If you have any comments about the consultation process please contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29 Great Minster House
London
SW1P 4DR

Email consultation@dft.gsi.gov.uk

Please do not send consultation responses to this address.

Consultation principles

• Departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before
• Departments will need to give more thought to how they engage with and consult with those who are affected
• Consultation should be ‘digital by default’, but other forms should be used where these are needed to reach the groups affected by a policy
• The principles of the Compact between Government and the voluntary and community sector will continue to be respected
• The reference number for this consultation is: DfT-2018-07