Recent Highway Code Changes: What's New

The Highway Code is a living document that is regularly updated to reflect changes in road safety law, vehicle technology, and road user behaviour. Over the past few years, several significant changes have been introduced that affect how you drive, cycle, and walk on UK roads.

The most impactful recent overhaul came in January 2022, introducing the hierarchy of road users and several new rules about priority at junctions for pedestrians and cyclists. Since then, additional updates have continued to refine rules around electric vehicles, e-scooters, and smart motorway use.

Whether you're a learner preparing for your theory test, a new driver, or an experienced motorist, staying up to date with Highway Code changes is essential. The rules apply to everyone, and ignorance of a change is not a defence if you're involved in an incident.

Below, we break down the most significant current and recent changes that affect drivers in 2026.

What are the latest Highway Code changes?
The most significant recent Highway Code changes include the hierarchy of road users (giving priority to the most vulnerable), new rules requiring drivers to give way to pedestrians waiting to cross at junctions, clearer guidance on cyclist priority and the 'Dutch Reach' door-opening technique, updated rules for e-scooters, stricter phone use enforcement, and ongoing updates to smart motorway guidance. The Highway Code is updated periodically, so it's worth checking the official gov.uk version regularly.

The Hierarchy of Road Users Explained

One of the biggest changes introduced to the Highway Code is the concept of a hierarchy of road users (Rule H1). This principle places the greatest responsibility on those who can cause the most harm.

The hierarchy, from most responsibility to least, is:

  1. Drivers of large vehicles (lorries, buses, coaches)
  2. Drivers of cars and vans
  3. Motorcyclists
  4. Cyclists and horse riders
  5. Pedestrians (especially children, older adults, and disabled people)

This doesn't mean pedestrians can walk into the road without looking — everyone still has a responsibility to keep themselves and others safe. However, it means that drivers carry the greatest responsibility for watching out for vulnerable road users.

Key rules from the hierarchy:

  • Rule H2: At a junction, drivers must give way to pedestrians who are crossing or waiting to cross the road you're turning into. This is a major change — previously, drivers only had to give way to pedestrians already on the crossing.
  • Rule H3: Drivers must give priority to cyclists on roundabouts and not cut across them when turning left. Cyclists can ride in the centre of their lane on roundabouts and quieter roads.

For learner drivers, understanding the hierarchy is essential for both the theory test and the practical test. Examiners expect you to demonstrate awareness of vulnerable road users throughout your drive.

What is the hierarchy of road users in the Highway Code?
The hierarchy of road users places the greatest responsibility on those who can cause the most harm. Drivers of large vehicles have the most responsibility, followed by car/van drivers, motorcyclists, cyclists and horse riders, with pedestrians at the top of the protection priority. This means drivers must be especially watchful for vulnerable road users and give way to pedestrians crossing or waiting to cross at junctions you're turning into. It doesn't remove the responsibility of pedestrians to be careful, but it puts the onus on drivers to protect them.

E-Scooter Rules and Regulations

Electric scooters have become a common sight on UK streets, and the Highway Code has been updated to address their use. However, the legal position remains more nuanced than many people realise.

The current legal position:

  • Rental e-scooters in government-approved trial areas are legal to use on public roads and cycle lanes (but not on pavements). Riders must be 18+, have at least a provisional driving licence, and follow traffic laws including speed limits.
  • Private e-scooters remain illegal on public roads, pavements, and cycle lanes in England, Wales, and Scotland. They can only legally be used on private land with the landowner's permission.

The government has signalled its intention to introduce a permanent regulatory framework for e-scooters, which would likely include registration, insurance requirements, and minimum age restrictions. Until legislation is passed, the rules above apply.

What this means for drivers:

  • Be aware that e-scooters — both legal and illegal — are commonly seen on roads and cycle lanes
  • Treat e-scooter riders with the same care as cyclists: check mirrors, give space, anticipate their movements
  • E-scooter riders may be less experienced and less visible than cyclists, so take extra care at junctions and when turning

For your driving test, the examiner expects you to demonstrate awareness of all road users, including e-scooter riders. Treat them as you would a cyclist — check mirrors, give space, and don't squeeze past.

Are e-scooters legal in the UK?
Rental e-scooters are legal in government-approved trial areas, where riders must be 18+ and hold at least a provisional driving licence. Private e-scooters remain illegal on public roads, cycle lanes, and pavements in England, Wales, and Scotland — they can only be used on private land. The government is working on permanent legislation to regulate e-scooters, but until then, riding a private e-scooter on public roads can result in a fine, penalty points, and seizure of the scooter.

Smart Motorway Updates

Smart motorways have been one of the most controversial road safety topics in recent years. The Highway Code includes guidance on how to use them safely, and this guidance has been updated as the government's position has evolved.

What is a smart motorway? A motorway that uses technology to manage traffic flow. There are three types:

  • All-lane running (ALR): The hard shoulder has been permanently converted into a running lane. There is no hard shoulder — only emergency refuge areas (ERAs) at intervals.
  • Dynamic hard shoulder: The hard shoulder can be opened to traffic during busy periods (shown by overhead gantry signs).
  • Controlled motorway: Has a permanent hard shoulder but uses variable speed limits on overhead gantries.

Government position (2026): Following safety concerns, the government paused the construction of new all-lane running smart motorways and committed to retrofitting additional emergency refuge areas on existing ALR sections. However, existing smart motorways remain in operation.

Key Highway Code guidance for smart motorways:

  • Never drive in a lane marked with a red X on the overhead gantry — this means the lane is closed, possibly due to a broken-down vehicle or incident
  • Obey variable speed limits displayed on gantries — they're legally enforceable
  • If you break down, try to reach an emergency refuge area. If you can't, move to the left-hand verge, switch on hazard lights, and call 999
  • ERAs have an orange SOS phone — use it to contact Highways England
Are smart motorways safe?
Smart motorways have been controversial, with concerns about the removal of the hard shoulder on all-lane running sections. The government paused new all-lane running smart motorway construction and is adding more emergency refuge areas to existing ones. The Highway Code advises drivers to never drive in a red X lane, obey variable speed limits, and head for an emergency refuge area if you break down. If you can't reach one, move to the left verge, put on hazard lights, and call 999 immediately.

Phone Use Behind the Wheel: Stricter Rules

The rules around mobile phone use while driving have been strengthened significantly, and the Highway Code reflects these changes clearly.

The law as of 2026: It is illegal to hold and use a mobile phone or similar device while driving. This includes:

  • Making or receiving calls (even on speakerphone if you're holding the device)
  • Texting or reading messages
  • Browsing the internet
  • Taking photos or recording video
  • Scrolling through playlists or apps
  • Any interactive use of a handheld phone, even if you're stationary in traffic or at red lights

The updated rules closed a previous loophole where drivers could only be prosecuted for making calls or sending messages. Now, any interactive use of a handheld phone while driving is an offence, regardless of whether you're using it for navigation, social media, or any other purpose.

Penalties:

  • 6 penalty points and a £200 fine (minimum)
  • New drivers (within first 2 years of passing): 6 points means automatic loss of licence
  • In serious cases, you can be taken to court, face a maximum fine of £1,000 (£2,500 for lorry/bus drivers), and be banned from driving

What IS allowed:

  • Using a phone in a cradle for sat nav purposes (but you must not touch it while driving — set it up before you start)
  • Making a hands-free call using Bluetooth or a built-in system (but the police can still stop you if they believe you're distracted)
  • Using your phone when safely parked with the engine off

For new drivers, this is especially critical: 6 points in your first two years means losing your licence entirely and having to start over with a provisional licence, theory test, and practical test.

Can I use my phone as a sat nav while driving?
You can use your phone as a sat nav only if it is secured in a cradle or mount and you set up the route before you start driving. You must not touch, hold, or interact with the phone while the vehicle is moving or stationary in traffic. If you need to change the route, you must pull over and park safely first. Using a phone in a cradle is legal, but if a police officer believes you are distracted by it, they can still take action.

Speed Limit Changes and 20mph Zones

Speed limits across the UK have been evolving, with a clear trend towards lower limits in residential and urban areas. The Highway Code reflects the current legal speed limits, and learner drivers need to be especially aware of recent changes.

Wales: Default 20mph in residential areas. Since September 2023, Wales became the first UK nation to introduce a default 20mph speed limit on restricted roads (those with street lighting). Previously, the default was 30mph. This applies to most residential streets and town centres in Wales. Some busier roads have been reclassified to retain 30mph limits, but the default is now 20mph unless signs say otherwise.

England and Scotland: While there is no blanket 20mph policy, the number of 20mph zones has increased dramatically. Many local authorities have implemented area-wide 20mph limits in residential areas, near schools, and in town centres. The trend is clearly towards lower speeds in built-up areas.

What this means for your driving test:

  • Pay very close attention to speed limit signs throughout the test
  • Don't assume 30mph just because you're in a built-up area — look for 20mph signs
  • Exceeding a 20mph limit, even by a small margin, is likely to be marked as a serious fault
  • In Wales, assume 20mph on any residential road unless signs indicate otherwise

The Highway Code also emphasises that speed limits are maximums, not targets. In poor conditions, near schools, in heavy pedestrian areas, or when visibility is reduced, driving below the speed limit is expected and correct.

Stay current with the rules that matter most for your test, and practise in areas with varying speed limits so you get used to adjusting.

Has the Highway Code changed for cyclists?
Yes, significantly. The updated Highway Code gives cyclists greater priority in several situations. Key changes include: drivers must not cut across cyclists when turning left or at roundabouts (Rule H3), drivers should leave at least 1.5 metres when overtaking a cyclist at speeds up to 30mph (and more at higher speeds), cyclists can ride in the centre of their lane on quieter roads and when approaching junctions, and the 'Dutch Reach' is recommended — opening your car door with the hand furthest from the door, which forces you to look over your shoulder for approaching cyclists.