HGV operators face more potential liability under new Highway Code

Jan 28 | 2022

Insurance broker McCarron Coates Ltd is urging HGV operators to not only be aware of the new changes to the Highway Code that come into force in the UK on January 29, but to also reflect on how the new ‘Hierarchy of Road Users’ affects their risk management.

Ian McCarronThe Leeds-based company, which specialises in the haulage industry, says HGV operators should not only appreciate and abide by the changes, but also be seen to have done everything they can to brief and train drivers in what is expected of them.  Unless drivers are aware of the new rules, risk management strategies, geared at reducing claims and lowering insurance premiums, could be seriously undermined. 

McCarron Coates also suggests that the new rules could potentially open the door to more opportunities to shift liability on to the shoulders of HGV drivers and their employers. This is because the new rules position drivers of heavy goods and passenger vehicles as creating the greatest amount of risk on the road and therefore have the greatest responsibility.

McCarron Coates Director, Ian McCarron said, “Literally, with great power comes great responsibility.  By putting a greater onus on the drivers of heavy goods and passenger vehicles to be responsible for the safety of all others, we fear that drivers of these vehicles are more likely to be deemed at-fault for accidents, where there is no clear evidence to the contrary.  When an AA survey suggests 33% of drivers are unaware of the changes, it is very worrying.” 

McCarron Coates is encouraging HGV operators to invest swiftly in driver training and to install technology that will provide clear photographic evidence if they are involved in an accident.

The broker is also urging HGV operators to pay particular attention to the driver’s all-round-vehicle visibility, particularly as cyclists now have priority to continue ahead at a junction where a vehicle is waiting to turn left.  Having better all-round visibility will also enable vehicles to meet the 2021 Direct Vision Standard for London, which seeks increasing visibility improvements by 2024. 

Drivers need to be trained in other newly introduced road user priorities, understanding that they should cede right of way to pedestrians waiting to cross any road into which they are turning.  They also need to ensure the correct amount of room is given to cyclists during overtaking manoeuvres. 

Ian McCarron added, “The Highway Code clearly states that, although failure to comply with rules that do not use the words ‘must’ or ‘must not’, will not cause a person to be criminally prosecuted, the Highway Code may be used in court proceedings brought under the Traffic Acts to establish liability. Therefore, we urge HGV operators to swiftly upgrade their risk management and seek advice on how to better control their risks under the new regime.” 

Photo: Ian McCarron, Director at McCarron Coates.