The big news that broke last night was the government agreeing to introduce tougher legislation to prosecute cyclists who kill or injure through dangerous or careless cycling. Ministers have backed Sir Iain Duncan Smith's amendment to the Criminal Justice Bill which is said to aim to ensure those riding bicycles "face the same penalties as drivers and motorcyclists" if they are responsible for death or injury through dangerous cycling.
Transport Secretary Mark Harper last week said the proposed amendment would be considered "with an open mind", the Department for Transport chief last night confirming the government's intention to move forward with the legislative change.
"Most cyclists, like most drivers, are responsible and considerate. But it's only right that the tiny minority who recklessly disregard others face the full weight of the law for doing so," he said.
"Just like car drivers who flout the law, we are backing this legislation introducing new offences around dangerous cycling. These new measures will help protect law-abiding cyclists, pedestrians, and other road users, whilst ensuring justice is done."
In the hours since there has been continued discussion on the topic, the issue having received widespread media and political attention since the bank holiday weekend when it was reported that a coroner's court had heard a cyclist who hit a pedestrian in Regent's Park would not face any charges.
Many have compared the plentiful column inches, radio rants and TV debates that have been afforded to one case of a person riding a bicycle involved in the death of a pedestrian versus the respective normalised nature of coverage of death and injuries involving a person driving a vehicle. But, the fact is, the noise has resonated with the government, who in the space of two weeks have moved from last year's position of an ongoing "review" seemingly lacking much urgency to now pressing forward with an amendment to the Criminal Justice Act. Last summer, the line from ministers was that there would be insufficient Parliamentary time to introduce legislation. Now, within 14 days things have changed.
The West Midlands' former cycling and walking commissioner, Adam Tranter, who this week resigned from his role, called dangerous cycling laws "a proposal based on fear not evidence" and suggested that while they might "sound reasonable" it is "an incredibly strange use of government time and resource given how rarely it'll need to be used".
"Every death is tragic but to put it into perspective, on average each year, more pedestrians are killed by cows than by cyclists," he said. "It is a proposal based on fear not evidence. Those working in road safety will be perplexed given England does not even have a road safety strategy (one of few developed countries not to) and many responses on topics that would save lives are still sat on ministers' desks."
The Guardian's Peter Walker took to social media too, arguing that a dangerous cycling law "won't make the roads less safe".
"If you were to write a list of the best ways to actually improve road safety, it wouldn't even be on the first A4 page. It's 95 per cent displacement activity," he said. "It's mainly an example of how in political terms, salience trumps normalisation. There have been two nasty incidents in London involving cyclists in the last few weeks. On an *average single day* there are 20+ hit and run incidents in London involving motor vehicles."
The first of those incidents also actually happened in June 2022, only being thrust into the spotlight following a Telegraph news story on the coroner's inquest, which was subsequently picked up across print and broadcast media, catching the government's attention.
Transport Secretary Harper's social media post about the move has also been flooded with comments and replies, many from cyclists questioning his attitude to other road safety issues.
Rory McCarron, a cycling lawyer at Leigh Day, said: "There have only been two fatal collisions in London where a cyclist was involved between 2020 - 2022 (last three years of available data from Stats19). This doesn't even mention who was to blame. Want to guess the total amount of fatalities on London's roads in that time?"
Many weren't particularly concerned by the idea of cyclists being subject to the same penalties as motorists, after all you can find more than a handful of old (and recent) stories from the road.cc archives along the lines of...
> "Arrogant" speeding driver with drugs and alcohol in his system avoids jail for killing cyclist, as prosecutor says incident was "just below" dangerous driving threshold
> No prison sentence for drink driver who fled scene after hitting cyclist and then kicked two police officers
> Suspended sentence for careless driver who killed two cyclists
Other comments included:
Andy Bell: "Yet again focusing on completely the wrong priorities. An absolute embarrassment of a transport secretary. Probably the worst yet and that's a pretty high bar."
Alex S: "You'd save more lives (directly and indirectly, better health etc.) by making cycling safer Mark. But that would require thought and effort, wouldn't it? And you'll be out in a few months..."
The Ranty Highwayman: "Where's the consultation results for footway parking?"
Steve Walker: "As soon as we achieve this equity between cars and bikes I look forward to drivers being hounded in the media with the same vigour for each and every incident."
Bob From Accounts: "So does this mean you'll get let off with a small fine and some community service if you kill someone?"
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44 comments
Did Pete Walker really mean "won't make the roads less safe" ?
Surely its not a good look comparing themselves to car drivers who flout the law?
More worryingly these are the people who write our laws and don't seem to understand how the language works!
Of course cyclists (and people generally) should be held accountable for their actions. The threshold for maximum sentencing for receiving the maximum sentence of death by dangerous driving tends to be of the unimaginably awful "banned driver, no tax MOT or license, had previously been prosecuted, was off their face on cocaine and killed 3 people in a 20 mph zone whilst doing 60 mph" variety. Has anything remotely comparable ever been reported for a cyclist involved in a fatal collision? Charlie Alliston for example was cycling poorly on a bike that wasn't street legal - whilst the outcome was tragic, it's hardly comparable.
Like others are saying, it is utter tokenistic bollocks from a desparate failing and flailing disgrace of a government.
A busted flush of a government with no direction and no policies. A four month silly season of focusing on a Plan for Motorists, pint wine bottles and rainbow lanyards and other non-issues now beckons.
I'm not sure if my helmet cam is an evidence source against drivers or pedestrians.
Iain Duncan Smith's amendment to the Criminal Justice Bill which is said to aim to ensure those riding bicycles "face the same penalties as drivers and motorcyclists" if they are responsible for death or injury through dangerous cycling
Quite happy with that as those penalties are usually not much at all
Can anyone track down a source for this death by cows/cyclists stat?
https://www.ons.gov.uk/aboutus/transparencyandgovernance/freedomofinform...
Or you can just use https://killercows.co.uk/
thanks!
It's a truly magnificent stat which I will be wheeling out.
Cows kill more people than sharks every year.
Frankly, I'm surprised they manage to kill any sharks at all.
Don't you remember the movie?
"We're going to need a bigger
boatcow"can't we just have a cover all law to cover death or injury by dangerous or careless behaviour.....pedestrians with headphones, stepping into the road without looking would also be covered.....i agree in general that the minority of all people who cause injury should face the law - what is really at issue is whether the thresholds for prosecution are applied equally.
How many people would this affected in the past had the law existed?
From STATS19 data for 2011 - 2016, there were 20 pedestrian deaths from collisions involving cyclists. Of those 20, 4 assiged a factor to the cyclist only and 5 assiged a factor to both the pedestrian and the cyclist. So you're probably looking at one or two prosecutions per year for Causing Death By Dangerous / Careless Cycling.
There are around 100 convictions per year for Dangerous or Careless Cycling, although I'm not sure how many of those involve serious injury to a pedestrian.
For context there were 711,000 prosecutions for motoring offences in 2022. 340 of those were for causing death (down from 419 in 2021).
ref - https://assets.publishing.service.gov.uk/media/5a9d67e2e5274a7bd0047fa4/...
ref - https://assets.publishing.service.gov.uk/media/5ad8685c40f0b617dca71654/...
ref - https://www.gov.uk/government/statistics/criminal-justice-system-statist...
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