Login
My Garage
New hero

Driver Legal Fears: Stop Cyclists Using Earphones Via Highway Code

By Stephen Turvil | November 17, 2020

Share

Why not leave a comment?

See all | Add a comment

New Highway Code rules should stop cyclists wearing headphones to save lives and be fair to motorists, survey respondents imply.

Driver Legal Fears: Stop Cyclists Using Earphones Via Highway Code

Proposed Highway Code rule changes put more emphasis on motorists to protect cyclists – so ‘now is the time’ to ‘urgently debate’ whether cyclists should be banned from wearing headphones which make it harder to hear traffic, IAM RoadSmart implied. Furthermore, some drivers might feel unfairly penalised by the new rules if they collide with cyclists who cannot hear properly.

‘Hierarchy of Road Users‘ is the concept underpinning the proposed rules. It ensures the road users ‘who can do the greatest harm have the greatest responsibility to reduce danger’ to others, the Department for Transport revealed. Motorists, for starters, would therefore more often give way to cyclists.

Survey results

IAM RoadSmart – a safety charity – conducted a survey that suggests there is support in many countries to stop cyclists using headphones (and earbuds). Consider the UK, for example. 68.2% of respondents ‘favour a ban’. There is comparable support throughout Germany (69.8%) and Hungary (69.9%). Such figures are ‘matched’ by survey respondents in North America, Asia, and Africa.

Furthermore, there are ‘small majorities’ in favour of banning headphones in The Netherlands and Denmark where cycling is very, very popular. Some countries buck the percentage trend, though. In Spain, for example, there is stronger support than typical to stop cyclists wearing headphones. 80% of survey respondents favour a ban. In contrast, only 36% support a ban in Finland. 

IAM RoadSmart’s survey further revealed that high percentages of women favour a ban. The figures are: Europe (69%), Asia (80%), Africa (83%), and North America (62%). ‘Internationally, female road users are more in favour than males of a ban on  headphones or earbuds while cycling’, the charity confirmed.

Clear support to ban headphones

Driver Legal Fears: Stop Cyclists Using Earphones Via Highway Code Image

IAM RoadSmart emphasised why there is cause for concern. Its Policy and Research Director, Neil Greig, explained: ‘Being plugged into headphones or earbuds is the ultimate distraction. It completely shuts you off to your surroundings which potential creates road safety risk to yourself, pedestrians, and others around you. This is even more critical with the popularity and increasing prevalence of noise-cancelling equipment’, the safety expert claimed. 

Legal perspective

There might be another reason drivers want to stop cyclists wearing headphones: fear of the law. Motoring lawyer, Nick Freeman, once told the Express that the ‘default position’ is drivers are to blame for collisions with cyclists. ‘It is not the legal presumption but it is the starting point’, he said. Motorists might have to show that they were ‘exercising due care’ to be cleared.

Related Articles

New speed cameras coming to the UK: Here’s what you need to know
Let’s take a look at three new types of cameras already in operation in the UK – and another that could be coming soon.
Nov 30, 2023
Is the money from scrapped HS2 going to be used for the roads?
This funding has the possibility of making a significant difference on UK roads, but how much is likely to be set aside, and what is the...
Nov 30, 2023
Keyless cars: What are they, how do they work and how can you prevent theft?
Keyless cars continue to be prone to theft
Nov 28, 2023
Fuel prices fall sharply after retailers panic when market watchdog highlights their greed
The AA has reported that £2 was almost instantly knocked off the cost of a tank of petrol after the Competition and Markets Authority...
Nov 28, 2023