Is it illegal to refuse pedestrians right of way and can I be fined for not obeying new highway code rules?

CROSSING the road can be dangerous for pedestrians, especially when drivers are not aware of the rules.

Here we look at the laws surrounding right of way for pedestrians and fines for disobeying new Highway Code rules.

1

Is it illegal to refuse pedestrians right of way?

Drivers in the UK are obliged to give way to pedestrians in a number of situations.

The Highway Code states pedestrians have priority in the following circumstances:

• Rule H2 states drivers must give way to pedestrians at zebra crossings
• When the red light is showing or the amber light is flashing on a signal controlled pelican crossing, a driver must give way to any pedestrians
• Rules 1-35 say pedestrians have priority when crossing the road at any place where drivers can see them — previously, drivers only had to give way if the pedestrian was already crossing the road, but since January 2022 drivers and cyclists must give way to pedestrians waiting at a side road, junction or crossing
• If a pedestrian starts crossing the road and traffic wants to turn into the road, the pedestrian has priority and the driver must give way, according to Rule 170

Drivers are also required to be aware of pedestrians, particularly vulnerable ones including children, people with disabilities and elderly people.

It’s worth noting that while some rules in the Highway Code are advisory, it’s always best to follow the code in its entirety to ensure your safety and the safety of others using the road, including pedestrians.

Can I be fined for not obeying new highway code rules?

You can be fined for not obeying new rules in the Highway Code, as many of these are legal requirements, meaning disobeying them is a criminal offence.

Failing to comply with the obligation for drivers to give way to pedestrians can result in fines.

Fixed penalty notices (FPNs) can be issued for minor offences, and will be set at £50, £100, £200 or £300 depending on the severity of the offence.

The most severe cases, for example endangering pedestrians and causing harm, can lead to disqualification from driving and even prosecution.

How often does the highway code change?

The Highway Code is updated on a rolling basis to reflect new rules, technology, and infrastructure.

It is updated regularly, with major updates usually occurring every five to 10 years.

The Highway Code underwent a major revision in 2011, with over 40 changes made.

However, a 2024 survey of over 2,000 drivers by Go.Compare revealed that 55% of drivers hadn’t looked at the Highway Code once since they got their driving licence.