Question to the Department for Transport:
To ask the Secretary of State for Transport, what assessment she has made of the potential merits of making the use of headphones whilst (a) cycling and (b) driving a strict liability offence.
The Department for Transport has not carried out an assessment of the potential merits of making the use of headphones whilst cycling and driving a strict liability offence.
Any incident found to be caused by the use of headphones whilst riding a cycle on the road is covered by Rule 66 of The Highway Code that says people should “avoid any actions that could reduce your control of your cycle”, and this could include being distracted due to the use of headphones.
Correspondingly, any incident found to be caused by the use of headphones while driving a vehicle on the road is covered by Rule 148 of the Highway Code that says ‘Safe driving and riding needs concentration. Avoid distractions when driving or riding such as loud music (this may mask other sounds) and starting or adjusting any music or radio’
Breaches of rules 66 and 148 of the Highway Code are not offences in themselves but may be taken into consideration when determining whether a person is guilty of an offence under the Road Traffic Acts, such as those offences relating to dangerous or careless riding or driving.
The Road Traffic Acts provide for a range of sanctions where an offence is committed including fixed penalty notices, criminal prosecution, points on their driving licence (or future driving licence if they do not hold one at the time), and having their vehicle seized.
The safety of all road users is a top priority for the Government. As part of the development of our Road Safety Strategy, the Government is considering a range of policies relating to motoring offences, and we’ll set out next steps for the strategy in due course.