Cyclists to face education course or fine for 10 new offences — including "dangerous" riding, cycling "without due care and attention" and riding without lights at night

The government is set to add a number of new cycling offences to the Road Traffic Offender Act — including "cycling on a road dangerously" and "cycling on a road without due care and attention", as well as mandatory light use at night and offences relating to cycling behaviour in London's Royal Parks — with punishments of education courses or fixed penalty notices to be available to the police.

The significant announcement was made public by the Home Office, with secondary legislation to update the Road Traffic Offender Act (RTOA 1988) to follow "in January 2025". While the announcement states "the Order will not produce an undue focus on cycling offences", almost all the new offences apply specifically to cyclists.

Of an initial 13 proposed, that were put forward and heard consultation responses from police bodies, councils, road safety organisations and cycling groups such as Cycling UK, London Cycling Campaign and The Bikeability Trust, ten offences will be put forward.

"Cycling on a road dangerously", as well as "cycling on a road without due care and attention or without reasonable consideration for other persons using the road" are perhaps the most significant. While these are existing offences, their proposed addition means they can be punishable with an education course or fine.

The final list of road traffic offences which will be added to schedule 3 Road Traffic Offenders Act also includes "using a pedal cycle without lights between sunset and sunrise" and offences relating to cycling behaviour in London's Royal Parks, such as Richmond Park and Regent's Park, where there has been a lengthy discussion around cyclist safety in recent times, with calls for stricter legislation being pushed by the charity that runs the parks themselves.

In full the offences to be added are:

• Failure to stop at a school crossing patrol.
• Cyclist holding on to a vehicle while in motion on a road for the purpose of being drawn along.
• Cycling on a road dangerously.
• Cycling on a road without due care and attention or without reasonable consideration for other persons using the road.

Offences under Road Vehicles Lighting Regulations 1989:                                     

• Using a pedal cycle without lights between sunset and sunrise.
•  Using lamps so as to cause undue dazzle or discomfort to other persons using the road.
•  Using a non-motor vehicle with any lamp so as to cause undue dazzle or discomfort.

Offences under Royal Parks and Other Open Spaces Regulations 1997:             

•  Failure to comply with any direction given by a constable or by a notice exhibited by order of the Secretary of State regarding the use of a pedal cycle in a Royal Park or other specified land.                                                     
• Using a pedal cycle in manner that endangers or is likely to endanger any person in a Royal Park or other specified land.                                                     
• Using a vehicle or pedal cycle between sunset and sunrise, or in seriously reduced visibility between sunrise and sunset, with no lights in a Royal Park or other specified land.

Despite the government's assertion that the update does not amount to "an undue focus on cycling", it is impossible to miss the emphasis being placed on cyclist behaviour. Concluding the announcement, the government once again committed to a new Road Safety Strategy, for which next steps will be set out "in due course", but for now it is these new cycling offences that are to be added to the RTOA 1998.

It is proposed that National Driver Offender Retraining Scheme (NDORS) regulations would be laid following the secondary legislation, meaning those who commit the new offences may be offered a place on an education course as an alternative to a fixed penalty notice.

However, the government stressed that due to the "circumstances of each case" and the need for an "appropriate penalty", the police will decide on punishment and "although an NDORS referral will be available it won't be the only option which the police officer could choose for a penalty".

"There will numerous motor vehicle road traffic offences listed in the NDORS regulations schedule of offences, so we can confirm that the Order will not produce an undue focus on cycling offences," the government stated. "Following careful consideration, we have decided to go ahead with the proposal to add nine offences to schedule 3 of the RTOA."

A total of 14 responses to the consultation paper were received, approximately half coming from road safety organisations or cycling charities, the remainder from the National Police Chiefs' Council (NPCC), Metropolitan Police Service (MPS)/Transport for London (TFL), UKROED, Parliamentary Advisory Council for Transport Safety (PACTS), 2 x County Councils and a Police and Crime Commissioner's Office.

road.cc has contacted Cycling UK for insight on its responses to the consultation, however the cycling charity (along with The Bikeability Trust and London Cycling Campaign) were not mentioned as having "supported the proposals".

According to the government, the joint TFL/MPS submission and Action Vision Zero both raised concerns about the inclusion of dangerous cycling as an offence which could be punished by means of just a fixed penalty notice, implying they believe it should be dealt with by means of a more harsh punishment. Three respondents questioned whether any road user behaviour sanctioned as "dangerous" should be dealt with out of court.

Of the other consultation responses, none are attributed to specific bodies but the government accepts that the following points were raised: "That this proposal does not appear to address real priorities within roads safety or roads policing."

The need for "a potential new NDORS training product for drivers who commit motoring offences involving cyclists" was raised, as was "a query about the increase in price for the cycling related NDORS courses", and a party highlighting "the proposal’s potential impact on children under the age of 18".

While the specifics are not mentioned further by the Home Office announcement, that second consultation response suggests there is a suggestion an education course for cyclists would be more expensive than the current course fee of approximately £100 for motorists. However, given this was still at the consultation stage, it remains to be seen if this will be an issue when formalised.

A later point also suggests "the Safe and Considerate Cycling (SCC) course is only a 30-minute e-learning course".

The announcement marks the latest update in the ongoing story around cycling laws in the United Kingdom, the past eight months having been regularly punctuated by calls from politicians and figures in the media for such legislation.

The topic of dangerous cycling attracted widespread national print and broadcast media coverage in May, during the aftermath of a coroner's inquest being told that no charges would be brought against a cyclist who was riding laps of London's Regent's Park when he crashed into a pensioner, causing her fatal injuries.

> No charges brought against Regent's Park cyclist after high-speed crash in which pensioner was killed while crossing road

The cyclist, Brian Fitzgerald, was riding in a group at a speed of between 25mph and 29mph at the time of the fatal crash, which led to the death of 81-year-old Hilda Griffiths. The speed limit in the park is 20mph, but the Metropolitan Police confirmed that it does not apply to people riding bicycles (as is the case throughout the country), and that the case had been closed because there was "insufficient evidence for a real prospect of conviction".

In the weeks after the coroner's inquest, former Conservative leader Duncan Smith proposed the introduction of a specific offence of "causing death by dangerous, careless, or inconsiderate cycling, and causing serious injury by careless or inconsiderate cycling", to ensure people on bikes "face the same penalties as drivers and motorcyclists" responsible for the death of pedestrians.

Transport Secretary Mark Harper backed the legislation and it looked as thought it would be passed, Labour offering no opposition to the proposal. However, when Rishi Sunak called a general election and Parliament was dissolved, it meant there was not sufficient time for the amendments to the Criminal Justice Bill to be passed.

During the subsequent campaign a Labour spokesperson confirmed such legislation would be resumed post-election: "Labour will change the law to protect people from dangerous cycling, and we commend the families for their relentless campaigning. The Criminal Justice Bill was meant to be a flagship bill for his government, but Rishi Sunak walked away from his promises to these families the moment it suited him. It's understandable that the families of victims will feel let down."

Today's announcement does not go as far as the proposed legislation of the previous government, however it does also highlight offences related to cyclist behaviour in London's Royal Parks, two of which, Richmond Park and Regent's Park, are popular destinations for the city's cyclists.

The Royal Parks has campaigned for laws to prosecute "speeding" cyclists, the charity having reviewed its cycling policies last summer amid claims of dangerous cycling in its parks.

> Telegraph publishes "dossier of collision data" involving "rogue cyclists" in London parks, as Royal Parks continues campaign for new laws to prosecute 'speeding' cyclists

The organisation has also cancelled early-morning time trial events, upsetting local cycling clubs, and pulled the plug on the London Duathlon in Richmond Park.

A Royal Parks spokesperson suggested its cycling policies had been reviewed due to "several cycling-related incidents linked to a minority of people cycling at excessive speeds" and the charity had "implemented physical changes in the parks, including larger or wider pedestrian paths, additional crossing points to improve pedestrian safety and additional signage".

Richmond Park, which the Royal Parks proudly calls an "extraordinary landscape" that is also London's largest Site of Special Scientific Interest and a National Nature Reserve, remains open to through-traffic.