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"Cyclists call for 'strict liability' law to hold drivers to account"

http://www.bbc.co.uk/news/uk-scotland-22155209

Cycling campaigners are calling for a new law in Scotland to make motorists automatically at fault in an accident.

The UK is one of only five European countries that do not currently have the law, known as "strict liability".

Campaigners, including the mother of a 32-year-old Edinburgh man killed in a collision with a lorry in 2011, said the law would help reduce the number of cyclists killed and injured.

But critics said it was unfair, and smacked of the "arrogance" of cyclists.
Craig Newton Craig Newton, 32, died in a collision with a City of Edinburgh council lorry

Seven cyclists were killed and more than 150 were seriously injured on Scottish roads during 2011, according to Transport Scotland figures.

Under a strict liability law, motorists would be held responsible in the civil courts for all accidents involving cyclists - unless they can prove they were not to blame.

Supporters of the Campaign for Strict Liability say it would greatly reduce the time it takes for accident victims to win compensation.

Lynda Myles, whose son Craig Newton died after he was involved in a collision with a City of Edinburgh council lorry, said she fully supported the idea.

"Over the two years since Craig's death, our whole family has been emotionally exhausted trying to make sense of what happened to him on that morning," she said.

'Smacks of arrogance'

However, opponents of the idea said cyclists and motorists should be equally responsible for road safety.
Continue reading the main story
“Start Quote

It's not a case of saying you're going to blame drivers no matter what”

Ian Maxwell Cycling campaigner

Alan Douglas, a motoring journalist and member of the Institute of Advanced Motorists, told the BBC: "I think this is an absolutely astonishing suggestion. Everyone using the roads is subject to the same law.

"We all have equal responsibility, and surely the person who should be held responsible for an accident is the person who causes it.

"This assumption that it is always the motorist at fault is absolutely breath-taking. It smacks of the sort of arrogance that we hear from some cyclists."

A strict liability law would see the introduction of a hierarchy based on the vulnerability of road users.

It would also mean that cyclists would be held automatically responsible for accidents involving pedestrians.

Gathering support

Ian Maxwell, of the cycling campaign group Spokes, said the law was not a "simple motorist blaming exercise".

"It is a road safety measure," he said.
Continue reading the main story
Cycling statistics

There were seven fatalities and 156 serious injuries to pedal cyclists in 2011
Pedal cycle casualties accounted for 4% of fatalities and 8% of serious injuries on Scotland's roads in 2011
Between 2010 and 2011, pedal cyclist fatalities remained the same, but serious injuries increased by 13%
Pedal cycling has increased by 27% in the last five years, whilst car, motor cycle and other traffic has fallen from a peak in 2007

Source: Transport Scotland

"It's not a case of saying you're going to blame drivers no matter what, it's about the assumptions you make at the start of a case.

"If a cyclist causes an accident, and can be shown to have caused an accident, they don't automatically get off."

Apart from the UK, only Cyprus, Malta, Romania and Ireland do not operate a system of strict liability for road users, campaigners said.

The Campaign for Strict Liability: Road Share, which is supported by Cycle Law Scotland, driving school RED, and a number of cycling groups, has launched an online petition in support of a change in the law.

They are hoping to introduce a private member's bill into Scottish Parliament.

Nathan Kaczmarski, policy officer at Cycling Scotland, said the call for strict liability was due to be discussed at a Scottish government cross-party meeting on Thursday.

He added that other measures were also needed to improve cycle safety.

"It's about training, and ensuring that there is good, safe infrastructure," he sa[/b]id.

Fantastic, I cycle about a bit myself through the day.
Once its passed il pull out in front of a car, that should see the missus and kids ok.
Poor driver lol.
Do these ideas come from the same t0ssers that cycle around with cameras on their helmets.
I actually used to cycle from musselburgh to west end and back when i worked there and never got that chip on my shoulder.

I used to love racing through the town on my bike like a fu*king maniac. Staying alive was a real buzz.

I guess these Ideas come from the same type of people that act as councillors at our local LA and who are are currently seeking tenders for and quite happy to Pay an envisaged Scope of between £100,000 and a £150,000 for a ...wait for it:

"A facilitator for a salary sacrifice scheme using the Department for Transport Cycle to Work Scheme"


Our LA.....
"has agreed to participate in the Governments Green Transport Plan. By encouraging our staff to cycle to work we will help reduce the carbon foot print of the Region whilst encouraging our staff to become more active and take regular exercise. The scheme is open to all members of staff and will be open between May 2013 and April 2015 with two possible one year extension periods.
The Region is seeking to procure a facilitator for a salary sacrifice scheme using the Department for Transport Cycle to Work Scheme. The scheme will have benefits for the authority in terms of health promotion, sustainable travel, use of local enterprises and staff retention. The bicycles would be used for cycling to and from work and for work related purposes."

Just What exactly is a "facilitator for a salary sacrifice scheme"?. Maybe I should get on my bike with legal immunity and Impunity and pedal off and go in search of this lucrative position...Doh..

Surprised i wasnt killed i used to go pub cycle crawls . P

Of course all thier transport ideas are fantastic.Isnt the capital a joy to travel in.
On the subject arent these pedicabs a nuisance.

They enable the scheme by providing long term loaning of cycles and equipment etc

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Uhh huh!.......so on top of their big bucks Cooncil wages we got to buy the bikes they won't use..a brilliant idea!!!

Hardly a Loan when it's going to cost us up to a £150,000 pound...

Put your tender in you could get people from A to B without touching a pedal yourself

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!