Effective traffic laws protect the most vulnerable road users, are enforceable and being enforced, and are perceived as self-evident. In contrast to drivers of motorized vehicles, pedestrians and bicyclists are physically exposed to collisions. The combination of weight and speed of a motor vehicle creates a potentially deadly force, enough to severely harm or kill humans and animals without any effort from the driver. This places a special responsibility on anyone driving a motorized vehicle.
Therefore, most countries recognizing this responsibility, have adopted laws that require thorough traffic education, and place a responsibility on drivers of cars and trucks to avoid collisions with vulnerable road users.
Model legislation: the umbrella rule
An article of law that is central to Dutch traffic legislation requires the driver of a motorized vehicle to drive in such a way, that she is able to stop on the stretch of road ahead of her that is visible and free of obstacles. This article is positioned as an ‘umbrella rule’, that guides further rule making and regulation.
While this rule may sound complicated, it simply implies that a driver must always adapt their speed to visibility and circumstances. For instance, if a driver approaches an area where he has no clear view of side streets or driveways, he should slow down to such an extent that he can stop if something of someone suddenly crosses the road in front of him. The aim of this language is to create a rule that is general enough to cover all driver behavior.
The motorized driver responsibility rule
In addition to the umbrella rule, The Netherlands has adopted a rule that makes the the driver of a motorized vehicle responsible for any collision with someone walking or riding a bicycle (with some exceptions). It only makes sense, given the difference in vulnerability, and therefore, responsibility of the more powerful road user. This rule has been in place for many decades. It is ingrained in Dutch culture, as it has to, as everywhere in this small country with 18 Million inhabitants drivers have to interact with bicycle riders all the time.
And with astonishing results: related to the overall number of miles covered for each type of vehicle, accident numbers are incredibly low. In addition, wearing a helmet while riding a bicycle is unheard of in The Netherlands. To ride a motorcycle, on the other hand, wearing a helmet is required, and this is the norm.
In The Netherlands, the rules of the road are generally perceived as self-evident, safety is up, and the numbers of injuries and deaths are down. At a later stage we will add a comparison of accident statistics per country based on the number of accidents per the amount of miles driven.
Does culture follow legislation, or the other way around?
We don’t know, but it seems that legislation follows a perceived need. In any case, there is much work to do to develop legislation that protects the vulnerable road users among us, and even more to foster a culture where the rules, and their enforcement, are perceived as self-evident.