Photo: Eric Luskin / Pexels. Illustrative photograph.
The hierarchy of road users is the principle at the start of the Highway Code for England, Scotland and Wales. It says the people most at risk in a collision come first, and the people driving vehicles that can cause the most harm carry the most responsibility. It is set out in three rules, H1, H2 and H3, which came into force on 29 January 2022. This explainer is for learner and new drivers in Great Britain who want to know exactly what each rule asks of them, and how it affects the driving test.
Key facts
- The hierarchy and Rules H1 to H3 were added to the Highway Code in the update of 29 January 2022.
- The Highway Code containing these rules applies to England, Scotland and Wales. Northern Ireland has its own Highway Code.
- Most at risk: pedestrians, cyclists, horse riders and motorcyclists, with children, older adults and disabled people at greater risk still.
- H2 tells drivers they should give way to pedestrians crossing or waiting to cross at a junction, and they MUST give way to pedestrians on a zebra crossing.
- H3 tells drivers not to cut across cyclists, horse riders or horse-drawn vehicles going straight ahead when turning.
What is the hierarchy of road users?
The Highway Code introduction describes a hierarchy that places those road users most at risk in a collision at the top. Responsibility runs the other way: the drivers of vehicles that can do the most harm have the greatest duty to take care and reduce the danger they pose to others.
| Group | Who it includes | What the Code expects |
|---|---|---|
| Most at risk | Pedestrians, cyclists, horse riders, motorcyclists | Their safety must be considered by everyone else |
| Greater risk within those groups | Children, older adults, disabled people | Extra care, because they may move unpredictably or slowly |
| Greatest responsibility | Drivers of large goods and passenger vehicles, vans and minibuses, cars and taxis, motorcycles | Reduce the danger they pose |
The Code is clear that the hierarchy does not remove anyone’s duty to behave responsibly. Pedestrians and cyclists must still take care. A learner driver in a car, though, sits near the top of the responsibility list.
Rule H1: everyone is responsible for others’ safety
H1 asks all road users to know the Highway Code, to be considerate to others and to understand their responsibility for other people’s safety. It also says that cyclists, horse riders and drivers of horse-drawn vehicles have a responsibility to reduce danger to pedestrians.
H1 reminds drivers that some people have impaired sight, hearing or mobility that is not obvious. A pedestrian who does not react to your engine may simply not be able to hear it.
Rule H2: giving way to pedestrians at junctions and crossings
H2 is the rule that changed everyday driving most. It applies to drivers, motorcyclists, horse riders, cyclists and horse-drawn vehicles.
- At a junction, you should give way to pedestrians crossing or waiting to cross the road you are turning into or out of.
- On a zebra crossing, you MUST give way to pedestrians who are on it. This is the law. You should also give way to pedestrians waiting to cross.
- On a parallel crossing (a zebra with a cycle crossing beside it), you MUST give way to pedestrians and cyclists on the crossing, and you should give way to those waiting to cross.
- At light-controlled crossings, pedestrians have priority when they have a green signal.
Rule 8 for pedestrians adds that if a pedestrian has already started to cross a road you are turning into, they have priority. H2 also reminds everyone that only pedestrians, including wheelchair and mobility scooter users, may use the pavement, and that pedestrians may use any part of the road and cycle tracks unless signs prohibit them. Our Highway Code rules for pedestrians and pedestrian crossings guide explain the related rules.
Scenario: turning left into a side road
You signal left to turn into a side street. A pedestrian is standing at the kerb on the corner, facing across the side street. Under H2 you should give way. Slow early, check your mirrors for cyclists on your left, and let them cross before you turn. If they have already stepped off the kerb, Rule 8 says they have priority.
Rule H3: not cutting across cyclists and horse riders
H3 is aimed at drivers and motorcyclists. When you turn into or out of a junction, or change direction or lane, you should not cut across cyclists, horse riders or horse-drawn vehicles going straight ahead. That applies whether they are in a cycle lane, on a cycle track or riding on the road.
The rule says you should not turn if doing so would make the cyclist, horse rider or horse-drawn vehicle stop or swerve. Stop and wait for a safe gap if you need to. H3 also covers riders who are:
- approaching, passing or moving off from a junction
- moving past or waiting alongside stationary or slow traffic
- travelling around a roundabout
Rule 167 backs this up: if you are following a cyclist, horse rider or horse-drawn vehicle towards a junction or roundabout where you plan to turn left, stay behind them rather than overtaking and cutting in. For more, see Highway Code rules for cyclists, overtaking cyclists and passing horses safely.
Do H1 to H3 affect the driving test?
Yes. When the rules came in, the DVSA explained on its official blog that most of the changes reinforced good driving that examiners already looked for, but the junction rule did change assessment. Its guidance said:
- Failing to give way to a pedestrian who is clearly waiting to cross, safely on the pavement, would normally be marked as a driving fault.
- If your actions put someone already in the road at risk, a serious fault would normally be recorded.
- Examiners take account of following traffic, your approach speed, how visible the pedestrian was and whether they appeared to intend to cross.
See driving test faults explained for how faults add up.
Do the hierarchy rules apply in Northern Ireland?
The GB Highway Code says it applies to England, Scotland and Wales. Northern Ireland publishes its own Highway Code on nidirect, and the edition there is dated 2020, before the GB changes of January 2022. Drivers in NI should follow the NI Highway Code and check nidirect for any update. Our NI vs GB Highway Code guide covers the differences.
Common questions
Is it now the law to give way to pedestrians at junctions?
Rule H2 uses “should” for junctions, so it is advice rather than a stand-alone legal duty. But the Highway Code can be used as evidence in court, and failing to give way can be marked as a fault on your test. Giving way on a zebra crossing is a legal requirement.
When did the hierarchy of road users start?
29 January 2022, when the Highway Code was updated with the new introduction and Rules H1, H2 and H3.
Does the hierarchy mean cyclists can ignore the rules?
No. The Code says the hierarchy does not remove everyone’s responsibility to behave responsibly. Cyclists must, for example, obey traffic lights and must not cycle on pavements.
Who is at the top of the hierarchy?
Pedestrians, cyclists, horse riders and motorcyclists are most at risk, with children, older adults and disabled people at greater risk still. Drivers of large vehicles, vans, cars and motorcycles carry the most responsibility.
What should I do if a pedestrian is waiting at a side road as I turn?
Slow down early and give way, as long as it is safe to do so with the traffic around you. If they have already stepped into the road, they have priority.
Back to the main guide: Learning to Drive in Great Britain.
Sources
- Department for Transport, “The Highway Code: Introduction” (gov.uk)
- Department for Transport, “The Highway Code: Updates” (gov.uk)
- Department for Transport, “The Highway Code: Rules for pedestrians (1 to 35)” (gov.uk)
- Department for Transport, “The Highway Code: Using the road (159 to 203)” (gov.uk)
- Driver and Vehicle Standards Agency, “Changes to The Highway Code: how they affect driving tests” (despatch.blog.gov.uk)
- nidirect, “The Highway Code” (nidirect.gov.uk)