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Norwich cycling proficiency teacher who rode wrong way down slip road loses appeal

Found guilty of cycling without due care and attention

A Norwich teacher who conducts cycling proficiency lessons at his primary school has lost his appeal against a conviction for cycling without due care and attention. Neil Barwick cycled the wrong way down a Norwich slip road into an oncoming car at around 7.40am on January 7.

The Eastern Daily Press reports that Barwick cycled against the traffic flow down a slip road leading from Bluebell Road onto the A11/Newmarket Road while on his way to work at Cringleford Primary School.

He was involved in a collision with a green Nissan Almera driven by Josine van den Berg. Conditions were dark and rainy and van den Berg was driving with her headlights on.

Barwick claimed he was crossing the slip road from one side to the other and the car ran into the side of him.

Van den Berg said he hit her head on and went over the top of the car. She said his head had come through her windscreen.

The car was written off because of damage to its bumper, bonnet, windscreen and a light.

Barwick sustained a number of injuries including to his back and neck. After the collision, Van den Berg stopped and called an ambulance.

At an August appearance at Norwich Magistrates’ Court, district judge Paul Watson concluded that the evidence – including the damage to the bike and the position in which Barwick ended up – pointed to a head-on rather than a side-on collision.

He said: “It seems to me inconceivable that the collision took place as you suggested. No reasonable cyclist would have cycled that way, therefore I find you guilty.”

Barwick was fined £270 and ordered to pay £200 court costs.

His appeal was heard at Norwich Crown Court this week and the case was dismissed by Judge Anthony Bate. He said he felt magistrates had come to the right conclusion and ordered Barwick pay £650 costs of the appeal.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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15 comments

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rliu | 8 years ago
7 likes

Despite the fact the evidence would tend to suggest the cyclist was lying about how the collision occurred, I still think it shows a worrying mindset that somebody who probably had a nasty injury was prosecuted and has been stung with £470 of costs on top of the injury.  There are numerous examples of motorists who were very much 'careless' in the colloquial sense of the word escape with no police charge at all, despite causing injury to either themselves, other motorists, passengers or other road users.

Avatar
ChrisB200SX replied to rliu | 8 years ago
5 likes

rliu wrote:

Despite the fact the evidence would tend to suggest the cyclist was lying about how the collision occurred, I still think it shows a worrying mindset that somebody who probably had a nasty injury was prosecuted and has been stung with £470 of costs on top of the injury.  There are numerous examples of motorists who were very much 'careless' in the colloquial sense of the word escape with no police charge at all, despite causing injury to either themselves, other motorists, passengers or other road users.

Agreed, but I find it hard to believe that this person cycled head-on into a car, seriously, who does that?

But it's much harder to believe that it's in the public interest to charge the guy with cycling without due care and attention.

Avatar
SNS1938 replied to ChrisB200SX | 8 years ago
0 likes

ChrisB200SX wrote:

rliu wrote:

Despite the fact the evidence would tend to suggest the cyclist was lying about how the collision occurred, I still think it shows a worrying mindset that somebody who probably had a nasty injury was prosecuted and has been stung with £470 of costs on top of the injury.  There are numerous examples of motorists who were very much 'careless' in the colloquial sense of the word escape with no police charge at all, despite causing injury to either themselves, other motorists, passengers or other road users.

Agreed, but I find it hard to believe that this person cycled head-on into a car, seriously, who does that?

But it's much harder to believe that it's in the public interest to charge the guy with cycling without due care and attention.

 

But was the cyclist going after the driver for compensation or something? As why else would the cyclist make up a different story? All a bit off really.

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harrybav replied to SNS1938 | 8 years ago
0 likes

SNS1938 wrote:

But was the cyclist going after the driver for compensation or something?

Not a factor relevant in decisions to prosecute, I think.

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tarquin_foxglove replied to ChrisB200SX | 8 years ago
0 likes

ChrisB200SX wrote:

I find it hard to believe that this person cycled head-on into a car, seriously, who does that?

Not referring to circumstances of this case but I think there is a possibility of that happening on this bit of road.

As mentioned by other posters the pavement is shared use further up the slip road. Continuing down the slip road on the pavement, you reach an obstruction of a bus stop & bin blocking your way. You don't check properly & hop into the road in front of a car or the road is clear so you hop onto the road & before you reach the dropped kerb a car comes flying round the corner, accelerating hard & hits you.

https://goo.gl/maps/Emnnoo1nFxL2

I should get a job writing for casualty (is that still on tv?) 

Avatar
ChairRDRF | 8 years ago
2 likes

"Cycling proficiency" hasn't existed since the 20th century.  There has been National Standards cycle training, known as "Bikeability" instead, which unlike the old CP has an on-road component.

Although, to be fair, Bikeability is sometimes referred to as "Cycle Poroficiency for the 21st century".

Avatar
Butty | 8 years ago
6 likes

Are Almeras made of tin foil and match sticks?

 

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joules1975 replied to Butty | 8 years ago
1 like

Butty wrote:

Are Almeras made of tin foil and match sticks?

 

Almeras are getting on a bit aren't they? I guess the car wasn't worth much, meaning a repair was probably going to cost more than the car's value.

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HalfWheeler | 8 years ago
0 likes

Fair enough.

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NPlus1Bikelights | 8 years ago
1 like

Nearly. Photo above is of the down slip road from A11 to Eaton, cycling down it is fine, traffic goes downward from top of photo to bottom and there is even a portion of protected cycle lane (never gritted in winter though) pictured. Suggest you mean the other side where the traffic goes up from Bluebell Road to A11 and Barwick came down it. There is an elderly resident who I've seen multiple times down that the wrong way in a car who must think it's 2 way. Correct view below, of interest is that Google's streetview car seems to have captured a cyclist after just crossing the slip road: 

http://bit.ly/2fHii6A

Avatar
Awavey replied to NPlus1Bikelights | 8 years ago
1 like

NPlus1BikelightsNJerseys wrote:

Nearly. Photo above is of the down slip road from A11 to Eaton, cycling down it is fine, traffic goes downward from top of photo to bottom and there is even a portion of protected cycle lane (never gritted in winter though) pictured. Suggest you mean the other side where the traffic goes up from Bluebell Road to A11 and Barwick came down it. There is an elderly resident who I've seen multiple times down that the wrong way in a car who must think it's 2 way. Correct view below, of interest is that Google's streetview car seems to have captured a cyclist after just crossing the slip road: 

http://bit.ly/2fHii6A

 

yes I was thinking that didnt look quite right, the daft thing is theres no reason why they couldnt have extended the cycle path on the northside of the A11 down to Bluebell road, that then removes the problem and keeps everyone happy, as you say the unofficial use of it seems to be more than occasional use, but they seem to want you to use the shared crossing on the A11, and come down the other side which seems almost classically car planner mode setup, and of course going up the correct way you have to cycle on the A11 before the shared cycle path even starts.

 

But do teachers even take bikeability sessions thesedays, and why call it cycling profiency if you do ? I thought they were all external trainers the county council brought in. anyway nice to see the judge also decided to give his expert opinion of the efficacy of cycle helmets ( though I wholeheartedly concur with his legal judgement )

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DaveE128 replied to NPlus1Bikelights | 8 years ago
1 like

NPlus1BikelightsNJerseys wrote:

Nearly. Photo above is of the down slip road from A11 to Eaton, cycling down it is fine, traffic goes downward from top of photo to bottom and there is even a portion of protected cycle lane (never gritted in winter though) pictured. Suggest you mean the other side where the traffic goes up from Bluebell Road to A11 and Barwick came down it. There is an elderly resident who I've seen multiple times down that the wrong way in a car who must think it's 2 way. Correct view below, of interest is that Google's streetview car seems to have captured a cyclist after just crossing the slip road: 

http://bit.ly/2fHii6A

 

If that's correct,check out this at the top of that slip road:

https://goo.gl/maps/W3vZc6PDc8C2

What do those double dotted lines look like they mean to cyclists coming towards the camera?

As far as I can tell, cyclists are meant to continue on the pavement down to the bottom of the sliproad but it's not a very clear set-up is it? Having said that, it ought to be obvious that it's a one way slip road unless marked otherwise.

As for the photo at the top of the article, check out how the orientation of the cycle symbol conflicts with the no entry sign!!

Avatar
tommy2p replied to DaveE128 | 8 years ago
0 likes
DaveE128 wrote:

NPlus1BikelightsNJerseys wrote:

Nearly. Photo above is of the down slip road from A11 to Eaton, cycling down it is fine, traffic goes downward from top of photo to bottom and there is even a portion of protected cycle lane (never gritted in winter though) pictured. Suggest you mean the other side where the traffic goes up from Bluebell Road to A11 and Barwick came down it. There is an elderly resident who I've seen multiple times down that the wrong way in a car who must think it's 2 way. Correct view below, of interest is that Google's streetview car seems to have captured a cyclist after just crossing the slip road: 

http://bit.ly/2fHii6A

 

If that's correct,check out this at the top of that slip road:

https://goo.gl/maps/W3vZc6PDc8C2

What do those double dotted lines look like they mean to cyclists coming towards the camera?

As far as I can tell, cyclists are meant to continue on the pavement down to the bottom of the sliproad but it's not a very clear set-up is it? Having said that, it ought to be obvious that it's a one way slip road unless marked otherwise.

As for the photo at the top of the article, check out how the orientation of the cycle symbol conflicts with the no entry sign!!

That's obvious that you can ride contractor up the hill,the way the cycle sign points

Avatar
mike the bike | 8 years ago
0 likes

 

I foresee a rather stern and intimidating interview with the head teacher in the near future.  He may not keep his job.

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harrybav replied to mike the bike | 8 years ago
1 like

mike the bike wrote:

 

I foresee a rather stern and intimidating interview with the head teacher in the near future.  He may not keep his job.

Was the head teacher in the Almeira or something? Not to shake your confidence in those foresight powers but it's not a disclosable offence and plenty of teachers (and headteachers) have various driving convictions, drunk driving, speeding etc. Goodness knows, they need a drink with some of those pupils they have to deal with, and you can forgive them for flooring it at 3.30..

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