Top lawyer demands urgent pothole rule change with motorists unfairly targeted
Nick Freeman has called for new pothole driving law changes to protect road users from being caught out while behind the wheel.
Motoring lawyer Nick Freeman has called for massive changes to pothole driving laws with motorists at risk of being branded “criminals”.
Mr Freeman, known widely as Mr Loophole, warned motorists were stuck with two equally dangerous options when approaching a pothole under current rules.
He stressed road users either drive over the pothole which could potentially cause serious damage to a vehicle.
Or they swerve without warning putting them at risk of hitting a pedestrian, a cyclist or other vehicles.
He admitted it was now vital motorists were given clear guidance with “indemnity” or compensation handed out to drivers affected.
Nick explained: “That’s why there's an urgent need for guidance and clarity from the police – who, in each constabulary need to issue directions for motorists who drive in their jurisdiction about what to do when faced with a pothole.
“If they advise swerving then that will indemnify the driver from prosecution should they cause an accident.
“And if conversely, the advice is to drive over the pothole, then if damage is caused, the local authority could be liable.
“At the moment there isn’t even any advice in the Highway Code for drivers with regards to potholes - which is contributing to this desperate problem.
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“What we’re left with are motorists placed in an impossible and dangerous situation which also risks turning them into criminals – and it is simply not their fault."
The RAC has previously claimed there are around one million potholes in the UK with motorists across the UK at risk.
RAC patrols attended nearly 30,000 pothole-related breakdowns throughout 2023, a staggering 33 percent rise compared to incidents the year before.
The breakdown group’s Pothole Index claims Derbyshire had the most potholes per region with 90,596 recorded.
This was followed by Lancashire with 67,439 potholes while Northumberland was third on the list with 51,703 potholes.
The Pothole Partnership, formed by the AA, the National Motorcyclists Council, British Cycling and manufacturer JCB, unveiled a five-point plan to help tackle the problem.
Their plan has called for councils and contractors to adhere to UK-wide repair and inspection standards with greater transparency.
However, Nick has called for more immediate guidance to prevent motorists from being unfairly punished.
Nick added: “It’s the responsibility of every motorist to drive safely. But even if they do their best to achieve this, the parlous state of our pothole-pocked roads makes it impossible to achieve this.
“That’s why in order to prevent innocent drivers being criminalised because of irresponsible local authorities, the police must act now to establish where the motorist stands. To do nothing is a despicable dereliction of duty by authorities who claim to make our roads safer.”
