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‘Cyclists who kill could face life sentence’

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dangie

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From the BBC:
Cyclists who kill pedestrians by acting dangerously on the road could face life imprisonment under a proposed change to the law.’

I believe anyone who acts dangerously on the road should face the wrath of the law. However as this is aimed at cyclists, I’d also extend it to pedestrians who step straight out into the road into a cyclists path, without looking or stopping. It has to work both ways.
 
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bramling

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From the BBC:
Cyclists who kill pedestrians by acting dangerously on the road could face life imprisonment under a proposed change to the law.’

I believe anyone who acts dangerously on the road should face the wrath of the law. However as this is aimed at cyclists, I’d also extend it to pedestrians who step straight out into the road into a cyclists path, without looking or stopping. It has to work both ways.

Nothing reminds me more why I’m not a people person more than seeing a discussion about cyclists. 6 of one and 12/2 of the other.

Yeah there’s probably a case for a bit more regulation, but it’s such an emotive issue based on personal preferences that there will never be any sensible discussion, including on a political level.
 

Peter Sarf

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Nothing reminds me more why I’m not a people person more than seeing a discussion about cyclists. 6 of one and 12/2 of the other.

Yeah there’s probably a case for a bit more regulation, but it’s such an emotive issue based on personal preferences that there will never be any sensible discussion, including on a political level.
I think as the number of cyclists increase there will naturally be more irresponsible cyclists. I think it is time cyclists were subject to the same rules and responsibilities as other road users. This gets particularly important with the larger and heaver electric bikes particularly as they use the pavement as though it is just an extension of the road.

With rights come responsibilities.
 

NorthOxonian

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I think as the number of cyclists increase there will naturally be more irresponsible cyclists. I think it is time cyclists were subject to the same rules and responsibilities as other road users. This gets particularly important with the larger and heaver electric bikes particularly as they use the pavement as though it is just an extension of the road.

With rights come responsibilities.
It's also probably got worse with the rise of delivery services - it may be an unfair stereotype on some who I'm sure are considerate, but a great many of these delivery cyclists do ride carelessly and aggressively. I'm sure this isn't just their fault as I doubt the delivery apps set particularly realistic standards nor pay well enough to make safer cycling an option, but it would be one reason why cyclist behaviour seems to be getting worse.
 

bramling

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I think as the number of cyclists increase there will naturally be more irresponsible cyclists. I think it is time cyclists were subject to the same rules and responsibilities as other road users. This gets particularly important with the larger and heaver electric bikes particularly as they use the pavement as though it is just an extension of the road.

With rights come responsibilities.

The problem is people full-stop. Perhaps we should just have people have to wear a registration number on their heads or something when in a public space. It would certainly cut crime.

I do agree about electric bikes though. They are increasing menace, and it’s certainly getting to the point where legislation does need to catch up.
 

Ianigsy

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I think this is more of an attempt at tidying up the legislation rather than having to rely on obscure Victorian laws to prosecute. If there’s more than one conviction a year, I’ll be surprised, but it puts killing somebody by cycling irresponsibly on the same level as doing it with a car.
 

GusB

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Cue another anti-cyclist thread... :rolleyes:


I think this is more of an attempt at tidying up the legislation rather than having to rely on obscure Victorian laws to prosecute. If there’s more than one conviction a year, I’ll be surprised, but it puts killing somebody by cycling irresponsibly on the same level as doing it with a car.
The article cited in post #1 says:
The government estimates that of 1,600 deaths on UK roads last year, four were caused by cyclists.
That's 0.25% of road deaths so it would be rare.
 

lachlan

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I currently use a shared use path for part of my commute but if this law comes into force I'm tempted to just use the road as there are very rarely people crossing it.

Cue "why don't cyclists use cycle lanes!" - because someone could step out in front of me on the shared path.
 

edwin_m

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Quote from the link in #1:
The government estimates that of 1,600 deaths on UK roads last year, four were caused by cyclists.
So people who get worked up about people being killed by cyclists should be getting a lot more worked up about people being killed by drivers. An idiot in charge of a cycle is much less dangerous than one in charge of a tonne of metal capable of moving five times faster - and much less at personal risk than whoever they might hit.

As suggested in the article, this will result in a tiny number of prosecutions, similar to the particularly serious one it mentions. Seems an entirely sensible reform to me, even if it all it does is remove the need for discussions like this one.
 

Gloster

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I would hope that they would include mobility scooters and the like if they haven’t done so already. Around fifteen years ago a woman was killed by being hit by a mobility scooter on the pavement in Sandown and I think that the only thing they could charge the driver with was wanton or furious driving.

I will say that I am generally sympathetic to cyclists, but if they are going to use the pavement there should be a legally backed code to ensure that they show due regard to other users. This should extend to all places where pedestrians and cyclists interact.
 

yorkie

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I think as the number of cyclists increase there will naturally be more irresponsible cyclists. I think it is time cyclists were subject to the same rules and responsibilities as other road users. This gets particularly important with the larger and heaver electric bikes particularly as they use the pavement as though it is just an extension of the road.
What do you mean by this? There is a hierarchy of road users; pedestrians are the most vulnerable so have the most rights and fewest responsibilities, with cyclists somewhere in the middle, and car drivers at the top who bear the most responsibility. And rightly so. I don't see how you could justifiably change this, and I see no valid justifications put forward.

As for heavy electric bikes, I don't think you should lump them in with regular cycles, but equally it's not right to lump them in with cars either.

I would hope that they would include mobility scooters and the like if they haven’t done so already...
Absolutely; when on the pavement in the vicinity of pedestrians, they should be travelling no faster than average walking speed in my opinion.
I will say that I am generally sympathetic to cyclists, but if they are going to use the pavement there should be a legally backed code to ensure that they show due regard to other users. This should extend to all places where pedestrians and cyclists interact.
The idea that anyone can "ensure" that all road users will show "due regard" to other users is, sadly, fanciful.

Quote from the link in #1:

So people who get worked up about people being killed by cyclists should be getting a lot more worked up about people being killed by drivers.
True, except the reason for the anti-cyclist diatribe is for political/ideological reasons, not based in logic or facts.
An idiot in charge of a cycle is much less dangerous than one in charge of a tonne of metal capable of moving five times faster - and much less at personal risk than whoever they might hit.
Exactly, and if @Peter Sarf is trying to suggest that both types of users should be subject to the same responsibilities, that's just absurd.
 

Falcon1200

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It has to work both ways.

Indeed. Yet here is a case where a motorist killed a cyclist but was not, somehow, given a life sentence; In fact, they were not sent to jail at all;


A driver caused a crash that killed a cyclist when she was "distracted" by the news that her father was dying.

Dentist Collins, 40, was given a two-year prison sentence, suspended for two years, for causing death by dangerous driving near Christleton in Cheshire.

A car driver killing a cyclist clearly is not really that serious.
 
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BingMan

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I will say that I am generally sympathetic to cyclists, but if they are going to use the pavement there should be a legally backed code to ensure that they show due regard to other users. This should extend to all places where pedestrians and cyclists interact.
Perhaps we should makle it illegal to cycle on the pavement?
 

yorkie

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Perhaps we should makle it illegal to cycle on the pavement?
Even for kids?

Also, do you realise that many pavements have cycle lanes painted on them? It's also not always obvious where they end.

I often see cars on pavements, and don't see any evidence of actions being taken against them; do you agree that a crackdown on cars on pavements may actually be more beneficial to society?
 

dangie

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.....Cue "why don't cyclists use cycle lanes!"
I do use a cycle lane whenever there is one and it's safe to ride on.
I say when it's safe to ride on as in the UK cycle lanes are generally considered an after thought by the councils & road builders, put there to satisfy a 'commitment to saving the planet' or other such tosh. Go to Holland or Belgium for example and you can see that with some thought and planning both roads & cycle lanes can exist together for the benefit of both motorists & cyclists.

Surely even the most anti-cyclist motorist would agree that good well maintained cycle lanes would be for the benefit of all road users.
 

Peter Sarf

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What do you mean by this? There is a hierarchy of road users; pedestrians are the most vulnerable so have the most rights and fewest responsibilities, with cyclists somewhere in the middle, and car drivers at the top who bear the most responsibility. And rightly so. I don't see how you could justifiably change this, and I see no valid justifications put forward.
Cyclists in the middle does sum up the problem in some ways. It is an awkward compromise because of the space we have in the UK.
As for heavy electric bikes, I don't think you should lump them in with regular cycles, but equally it's not right to lump them in with cars either.
This is an important distinction. Where to draw the lines between ordinary cycles being ridden by children right up to adult racing bikes. As someone who took the cycling proficiency course back in the 1960s I gained a reasonable understanding of how the roads work. I would like to see that training being more accessible (* mandatory ?) - it would save lives and injuries. Probably make it free in the interests of saving the NHS costs. But how do we enforce/encourage it ?.

Then there are the eBikes that are not really ordinary bikes at all. Best to class them as eMopeds with no number plate. They should plain and simply be ridden by people with a proper motorcycle/moped/provisional licence AND have registration number plates. It is very simple - any of these large eBikes should be stopped and the bike impounded unless they have a number plate and a rider with a suitable licence. This should be like all bikes under 50cc - it beggars belief that nothing has been done about this. Especially as the larger eBikes are akin to a moped and moped riders seem more responsible - though they do ride on the pavement it is less common probably because they have a licence to lose and know the rules.

*mandatory cycling course. A bit tenuous but suppose a cyclist got killed or injured by another road user. Perhaps their (or their dependants) right to compensation would be higher if they could show they knew how to use the road. Perhaps the car driver would be more liable.
I remember as a child trying to explain to a friend the importance of road safety after I had done the cycling proficiency course. He rode around with gay abandon (as kids do) - so much so that one day he rode straight out of a driveway on to a 30 mph road, he went up into the air and landed head first in the corner of the pavement and wall. Needless to say he had a prolonged visit to the hospital.
Absolutely; when on the pavement in the vicinity of pedestrians, they should be travelling no faster than average walking speed in my opinion.
This is the important thing. If a cyclist feels uncomfortable on the road then the pavement should (well has to) suffice as long as they are not riding in a manner that makes pedestrians feel uncomfortable.

We have to remember car etc users are expected to drive with regard for cycles etc.
The idea that anyone can "ensure" that all road users will show "due regard" to other users is, sadly, fanciful.
Well we are talking about human beings unfortunately. All with varying levels of consideration or intelligence.
Add to that the lack of space in many UK towns to really lay things out properly.
True, except the reason for the anti-cyclist diatribe is for political/ideological reasons, not based in logic or facts.
Its always a them and us thing. More education will help others understand each other.
Exactly, and if @Peter Sarf is trying to suggest that both types of users should be subject to the same responsibilities, that's just absurd.
If you have a machine capable of causing injury then you should behave responsibly. I am not arguing that a cycle is as dangerous as a car but it is more dangerous than a pedestrian.

Mind you if a group of pedestrians on a crowded pavement expects someone coming the other way to move out of the way onto the road instead of modifying the size of their own group then they are responsible for the potential danger to the pedestrian forced to step into the road. I have seen it where a lone pedestrian had to step into the traffic that was approaching from behind them - that shows how inconsiderate humans can be.

That is what I mean by responsibilities.
Even for kids?

Also, do you realise that many pavements have cycle lanes painted on them? It's also not always obvious where they end.

I often see cars on pavements, and don't see any evidence of actions being taken against them; do you agree that a crackdown on cars on pavements may actually be more beneficial to society?
I see far more large heavy cycles moving on pavements than cars moving on pavements.
Ordinary cycles should be fine on pavements if they move at an appropriate speed.
I do use a cycle lane whenever there is one and it's safe to ride on.
I say when it's safe to ride on as in the UK cycle lanes are generally considered an after thought by the councils & road builders, put there to satisfy a 'commitment to saving the planet' or other such tosh. Go to Holland or Belgium for example and you can see that with some thought and planning both roads & cycle lanes can exist together for the benefit of both motorists & cyclists.

Surely even the most anti-cyclist motorist would agree that good well maintained cycle lanes would be for the benefit of all road users.
This is one of the problems in the UKs older towns/cities. We do not have the appropriate space or layout for dedicated cycle lanes so it will always require more compromise and understanding.
 
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Bikeman78

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Perhaps we should makle it illegal to cycle on the pavement?
Only if we also make it illegal to drive on the pavement. Spoiler alert, parking on the pavement means you have to drive onto it. I always enjoy the cyclist discussions. Way more pedestrians are killed on the pavement (I think it's around 30 per year in the UK) by motor vehicles than bicycles.

Indeed. Yet here is a case where a motorist killed a cyclist but was not, somehow, given a life sentence; In fact, they were not sent to jail at all;






A car driver killing a cyclist clearly is not really that serious.
To be fair, the driving ban is more useful than sending her to prison. In theory I guess a driver could get a life sentence for killing someone but does it ever happen?
 

Essan

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Perhaps we should makle it illegal to cycle on the pavement?

It is (under section 72 of the Highway Act 1835). The Highway Code also states that you should not cycle on a pavement. There is no age exemption, either.

The West Yorkshire Police Website, for example, emphatically states that "It is an offence to ride a pedal cycle intentionally on a pavement i.e. a footpath set apart for use by pedestrians. A penalty ticket may be issued with a fine. "


And current legislation also carries a penalty of up to 2 years in prison for a cyclist causing injury to another person.

The problem isn't legislation, it's enforcement of legislation.
 

yorkie

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The problem isn't legislation, it's enforcement of legislation.
I witness multiple car drivers breaking the rules/law pretty much every time I walk or cycle or get the bus anywhere; the idea that every little misdemeanour could result in a fine is fanciful. Cars cause much more damage than cycles, so that is where the focus should be.

Cyclists in the middle does sum up the problem in some ways.
If you have evidence that the hierarchy is a problem, feel free to present it. I am pretty sure you don't, though.
The introduction section of The Highway Code has been updated to include 3 new rules about the new ‘hierarchy of road users’.


The hierarchy places those road users most at risk in the event of a collision at the top of the hierarchy. It does not remove the need for everyone to behave responsibly.
It is an awkward compromise because of the space we have in the UK.
I think you've just made this up? Any evidence? I think you will find that the idea actually came from other countries.
This is an important distinction. Where to draw the lines between ordinary cycles being ridden by children right up to adult racing bikes. As someone who took the cycling proficiency course back in the 1960s I gained a reasonable understanding of how the roads work. I would like to see that training being more accessible (* mandatory ?) - it would save lives and injuries. Probably make it free in the interests of saving the NHS costs. But how do we enforce/encourage it ?.
I'm not sure what you are suggesting or how it could possibly be achieved. Any idea that you would "enforce" any of this is unrealistic.
Then there are the eBikes that are not really ordinary bikes at all. Best to class them as eMopeds with no number plate. They should plain and simply be ridden by people with a proper motorcycle/moped/provisional licence AND have registration number plates. It is very simple - any of these large eBikes should be stopped and the bike impounded unless they have a number plate and a rider with a suitable licence. This should be like all bikes under 50cc - it beggars belief that nothing has been done about this. Especially as the larger eBikes are akin to a moped and moped riders seem more responsible - though they do ride on the pavement it is less common probably because they have a licence to lose and know the rules.
This is one point I do agree with you on; there does need to be a clear distinction made between ordinary bikes and heavier bikes with motors. I don't know what the existing law in this area is, as I've never ridden an e-bike or similar device and have no plans to.
*mandatory cycling course. A bit tenuous but suppose a cyclist got killed or injured by another road user. Perhaps their (or their dependants) right to compensation would be higher if they could show they knew how to use the road. Perhaps the car driver would be more liable.
I remember as a child trying to explain to a friend the importance of road safety after I had done the cycling proficiency course. He rode around with gay abandon (as kids do) - so much so that one day he rode straight out of a driveway on to a 30 mph road, he went up into the air and landed head first in the corner of the pavement and wall. Needless to say he had a prolonged visit to the hospital.
By that logic, mandatory training for kids on scooters?
This is the important thing. If a cyclist feels uncomfortable on the road then the pavement should (well has to) suffice as long as they are not riding in a manner that makes pedestrians feel uncomfortable.
This seems reasonable, especially if mobility scooters are allowed to do so, however it's not technically within the law. In practice, it's tolerated for obvious reasons.
We have to remember car etc users are expected to drive with regard for cycles etc.
Yes, but sadly there are a not insignificant number who do not.
Well we are talking about human beings unfortunately. All with varying levels of consideration or intelligence.
Add to that the lack of space in many UK towns to really lay things out properly.

Its always a them and us thing. More education will help others understand each other.
That sounds great in theory, but some of the worst members of our society do not want any form of 'education'.
If you have a machine capable of causing injury then you should behave responsibly. I am not arguing that a cycle is as dangerous as a car but it is more dangerous than a pedestrian.
I refer you back to the ‘hierarchy of road users’.

Mind you if a group of pedestrians on a crowded pavement expects someone coming the other way to move out of the way onto the road instead of modifying the size of their own group then they are responsible for the potential danger to the pedestrian forced to step into the road. I have seen it where a lone pedestrian had to step into the traffic that was approaching from behind them - that shows how inconsiderate humans can be.
This is a whole new topic, but if I either see oncoming traffic, or if traffic is behind me, I'd slow down, and stop dead if needed, to force the group to narrow their profile. I wouldn't randomly step in the road.

If I am cycling, and I see a large group coming towards me on the pavement, approaching any pedestrian(s) going the other way, who look like they may step into the road in front of me, I try to pre-empt this by moving away from the side of the road. Sadly, some car drivers are so desperate to overtake me, and are not looking for such hazards, so it can be difficult for me to do so at times.

From a legal perspective, I'm not sure who would be liable for any such incidents of pedestrians feeling forced to step out, but it is probably best discussed in another debate. I also suspect you'd get all sorts of answers from people without legal knowledge, and in any given situation it could depend on very specific circumstances, which may be difficult to generalise.
That is what I mean by responsibilities.

I see far more large heavy cycles moving on pavements than cars moving on pavements.
Ordinary cycles should be fine on pavements if they move at an appropriate speed.

This is one of the problems in the UKs older towns/cities. We do not have the appropriate space or layout for dedicated cycle lanes so it will always require more compromise and understanding.
Space can be created; often council's can't afford the cost, or allocate the funds elsewhere. In some places, roads are closed to create spaces for pedestrians/cyclists, which can help. The more attractive cycling/walking is, then the less space is taken up by cars. Cars take up huge amounts of space in our cities; the lack of space is ultimately caused by us having too many car drivers!
 
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Essan

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As an aside, I was quite bemused the other day: was walking along the pavement when an adult male came cycling furiously towards me. So I stepped off the pavement (into an empty parking space) to allow him to pass, and as he did so, he very politely and appreciatively said "thank you" - with no sense of irony at all.
 

yorkie

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As an aside, I was quite bemused the other day: was walking along the pavement when an adult male came cycling furiously towards me. So I stepped off the pavement (into an empty parking space) to allow him to pass, and as he did so, he very politely and appreciatively said "thank you" - with no sense of irony at all.
Obviously that's wrong, however I frequently experience car drivers who attempt to force me to divert when I have right of way (and yes some of them do say thank you, some don't).

If you hadn't moved, they'd likely have taken similar evasive action themselves; some people take the opposite view to the hierarchy principle and, instead of giving way in good time, expect the more vulnerable user - who has right of way - to step aside (which, if it came to it, they would, as they don't want to get hurt!).

Such attitudes exist among people who aren't very thoughtful of others, regardless of what transport mode they happen to be using. You can find such people driving, cycling or walking. However, some people like to assign such an attitude to a type of user, rather than a category of person.
 

JamesT

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Obviously that's wrong, however I frequently experience car drivers who attempt to force me to divert when I have right of way (and yes some of them do say thank you, some don't).

If you hadn't moved, they'd likely have taken similar evasive action themselves; some people take the opposite view to the hierarchy principle and, instead of giving way in good time, expect the more vulnerable user - who has right of way - to step aside (which, if it came to it, they would, as they don't want to get hurt!).

Such attitudes exist among people who aren't very thoughtful of others, regardless of what transport mode they happen to be using. You can find such people driving, cycling or walking. However, some people like to assign such an attitude to a type of user, rather than a category of person.
Though you may wish to bear in mind that there is no such thing as ‘right of way’. There are recommendations on when you should yield to other traffic, but the overriding principle is you should only proceed where it is clear to do so.

Back to the original topic, I welcome this legislation. It may be a tiny minority of road deaths, but those who kill should be held to account. For the same reasons as the ‘death by’ offences were created for motorists, it’s clear the existing laws for cyclists were inadequate.
 

Peter Sarf

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I witness multiple car drivers breaking the rules/law pretty much every time I walk or cycle or get the bus anywhere; the idea that every little misdemeanour could result in a fine is fanciful. Cars cause much more damage than cycles, so that is where the focus should be.
I have a concern about eBkes dodging and weaving in amongst pedestrians. Observed it often enough. Cars I very rarely see driving on the pavement - often there is no room anyway. Except for parking where often the pavement is marked with bays (usually half bays where not being correctly on the pavement is a contravention I believe) or a blind eye is turned to it in certain areas (usually where, if push came to shove, it would be allowed).
If you have evidence that the hierarchy is a problem, feel free to present it. I am pretty sure you don't, though.
Sorry I meant cyclists in the middle is a problem in the sense that they are caught in the middle. As in a lot of people perceive roads for cars and pavements for pedestrians but completely ignore the cyclists (in many ways).
I think you've just made this up? Any evidence? I think you will find that the idea actually came from other countries.
Where I have seen good examples of cycle lanes it is clear there was more space available than we have in many places I think of.
In Croydon I can see cycle lanes not being fitted in easily.
I'm not sure what you are suggesting or how it could possibly be achieved. Any idea that you would "enforce" any of this is unrealistic.
I agree it is not easy. One would hope that more effort is made to educate and train all levels of the hierarchy. Obviously at the pedestrian and cycle end it is difficult to achieve.

In some countries rules are followed more precisely. In some countries it is illegal to walk across a light controlled crossing if the light/symbol for pedestrians is red. I do it all the time, there is a crossing near my home that I can often easily get across without recourse to stopping the traffic. There are usually big enough gaps. What I hate is people who press the button before looking, look, see no traffic and then walk across anyway. The traffic gets stopped after they have completed their crossing and then the vehicles chuck out pollution getting going again for no purpose. For me that can mean I arrive at the crossing when the traffic has got going again, all bunched up and so no easy chance to get across and I have to wait for the lights to let me cross.

The above is drifting off topic but the point is that culprits are at all levels. Including the car drivers that miss their red light. As a pedestrian I always look because I want to be sure I am safe. Apparently that crossing has killed a few people (island 40mph) !. I rarely drive past that crossing (it is not to/from home) but on one of the few occasions I did I witnessed two cars in adjacent lanes (dual carriageway) go through. I thought one would as the lights on the junction soon after the pedestrian crossing were turning green - I was a bit surprised both made the same mistake.
This is one point I do agree with you on; there does need to be a clear distinction made between ordinary bikes and heavier bikes with motors. I don't know what the existing law in this area is, as I've never ridden an e-bike or similar device and have no plans to.
Yes I would hope that treating eBikes (certainly the larger ones) as 50cc mopeds would suffice.
It is so clear that what most of us viewed as a complete no no up until ten years ago is now a complete free for all.
Unenforced but not necessarily unenforceable.
By that logic, mandatory training for kids on scooters?
Depends how far you want to go. I certainly think cycles as a mode that shares the roads a lot would be a good segment to train. Whether mandatory is a different debate.

I also think having to take a car(etc) driving test every ten years could be beneficial. But this would require a lot more resources which cannot even cope with once in a lifetime car driving tests currently !. I am sure it would weed out some bad habits or degraded driving skills/ability/habits.

But as you say elsewhere. Enforcement would get very onerous.
This seems reasonable, especially if mobility scooters are allowed to do so, however it's not technically within the law. In practice, it's tolerated for obvious reasons.

Yes, but sadly there are a not insignificant number who do not.

That sounds great in theory, but some of the worst members of our society do not want any form of 'education'.
Education - this is the challenge. It gets worse when the worst members of society can get their hands on a dangerous piece of equipment (car/lorry).

In the case of cars the control is they need a licence (implying training) and a roadworthy vehicle. But of course policing that is not 100% watertight.

For eBikes there is currently no test and so no mandatory training - enforcement of existing moped rules should apply.

For ordinary cycles it is hard to enforce BUT would be nice if encouragement led to all cyclists understanding "road sense".

For pedestrians there was training (I remember the "Tufty Club").

For pedestrians and cyclists it is not about training them to behave well towards others but about self preservation.
But actually as a motorcylist there were things I learnt about self preservation.
I refer you back to the ‘hierarchy of road users’.

This is a whole new topic, but if I either see oncoming traffic, or if traffic is behind me, I'd slow down, and stop dead if needed, to force the group to narrow their profile. I wouldn't randomly step in the road.

If I am cycling, and I see a large group coming towards me on the pavement, approaching any pedestrian(s) going the other way, who look like they may step into the road in front of me, I try to pre-empt this by moving away from the side of the road. Sadly, some car drivers are so desperate to overtake me, and are not looking for such hazards, so it can be difficult for me to do so at times.

From a legal perspective, I'm not sure who would be liable for any such incidents of pedestrians feeling forced to step out, but it is probably best discussed in another debate. I also suspect you'd get all sorts of answers from people without legal knowledge, and in any given situation it could depend on very specific circumstances, which may be difficult to generalise.

Space can be created; often council's can't afford the cost, or allocate the funds elsewhere. In some places, roads are closed to create spaces for pedestrians/cyclists, which can help. The more attractive cycling/walking is, then the less space is taken up by cars. Cars take up huge amounts of space in our cities; the lack of space is ultimately caused by us having too many car drivers!
This is where arrogance of those we share space with becomes a factor.
Obviously that's wrong, however I frequently experience car drivers who attempt to force me to divert when I have right of way (and yes some of them do say thank you, some don't).
I think a cycle, as more manoeuvrable, can get round a car struggling across a junction where (some) other cars would stop and let them across.
I have seen a near miss where a car let another car out of a side turning but a cyclist overtook (on the laft side) and seemed inconvenienced.

The factor here is different sized vehicles proceeding at different speeds with different space requirements. The operators of the vehicles will therefore deal with things in different ways - and not necessarily compatible. That example was a nuisance but could similar differences be dangerous ?.
If you hadn't moved, they'd likely have taken similar evasive action themselves; some people take the opposite view to the hierarchy principle and, instead of giving way in good time, expect the more vulnerable user - who has right of way - to step aside (which, if it came to it, they would, as they don't want to get hurt!).

Such attitudes exist among people who aren't very thoughtful of others, regardless of what transport mode they happen to be using. You can find such people driving, cycling or walking. However, some people like to assign such an attitude to a type of user, rather than a category of person.
What you are highlighting is that, if allowed to, it all descends into a game of chicken. That's where legislation comes in, not easy to enforce but better than nothing I suppose. For people with the wrong attitude (regardless of transport mode) it is probably a case of they do not generally think ahead about risks to anyone or anything including themselves.

In end, as you allude to, were are talking about human beings !.
As a side thought, if we were talking about the railways the level of death and injury tolerated on the roads would be considered an absolute disaster on the railways !.
Hierarchy - could add railways one level beyond road traffic of all types - thinking level crossings.
 

GB

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Cue another anti-cyclist thread... :rolleyes:



The article cited in post #1 says:

That's 0.25% of road deaths so it would be rare.
Why is it anti cyclist to expect the same level of punishment for effectively the same crime? If you kill someone because you are doing something dangerous why should it be treated differently whether its a car or bike? Just because something is rare doesn't mean it should be ignored. Why would you not want those who ride like absolute cretins to face justice?
 

Egg Centric

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I'm very much against this for the same reason I'm against the death by dangerous driving law - you're punishing the the activity based on the result rather than the maliciousness. To me that's unjust.

As for arguments about deterrence, I don't buy it. No cyclist (or motorist) is going to set out intending to kill someone. To meet the dangerous threshold they are either going to be grossly incompetent or more likely selfishly thinking they're so brilliant nothing will go wrong. If the impact of an accident on *themselves* isn't already stopping the selfish then a remote (very remote in the case of cycling) likelihood of a life sentence for when it goes catastrophically wrong.

If we're going to do this at all, then it would make more sense to have stronger dangerous driving (and introduce dangerous cycling) laws with a more serious (but not life!) punishment regardless of whether anyone was injured/killed or not.

As is this legislation is just going to end up wasting a large portion of lives of a couple of exceptionally unlucky dangerous cyclists while making no other difference to anything.
 

yorkie

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Why is it anti cyclist to expect the same level of punishment for effectively the same crime? If you kill someone because you are doing something dangerous why should it be treated differently whether its a car or bike?
It's not "the same" though; the damage that can be done in a car is far, far greater. It's quite right that the responsibilities are different.
Just because something is rare doesn't mean it should be ignored.
It's not a binary choice; that's a fallacy.
Why would you not want those who ride like absolute cretins to face justice?
This appears to be putting words into someone's mouth; a strawman fallacy.
 

GusB

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Why is it anti cyclist to expect the same level of punishment for effectively the same crime? If you kill someone because you are doing something dangerous why should it be treated differently whether its a car or bike? Just because something is rare doesn't mean it should be ignored. Why would you not want those who ride like absolute cretins to face justice?
It isn't, and I'm not against sentences being in line with those for causing death by dangerous driving. However, my comments were in response to a couple of posts that were anti-cyclist, but which have since been removed.
 

Peter Sarf

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Why is it anti cyclist to expect the same level of punishment for effectively the same crime? If you kill someone because you are doing something dangerous why should it be treated differently whether its a car or bike? Just because something is rare doesn't mean it should be ignored. Why would you not want those who ride like absolute cretins to face justice?
I agree the crime should be judged regardless of mode of transport.
I'm very much against this for the same reason I'm against the death by dangerous driving law - you're punishing the the activity based on the result rather than the maliciousness. To me that's unjust.

As for arguments about deterrence, I don't buy it. No cyclist (or motorist) is going to set out intending to kill someone. To meet the dangerous threshold they are either going to be grossly incompetent or more likely selfishly thinking they're so brilliant nothing will go wrong. If the impact of an accident on *themselves* isn't already stopping the selfish then a remote (very remote in the case of cycling) likelihood of a life sentence for when it goes catastrophically wrong.

If we're going to do this at all, then it would make more sense to have stronger dangerous driving (and introduce dangerous cycling) laws with a more serious (but not life!) punishment regardless of whether anyone was injured/killed or not.

As is this legislation is just going to end up wasting a large portion of lives of a couple of exceptionally unlucky dangerous cyclists while making no other difference to anything.
I agree the penalty is arguably harsh BUT the point is not all deaths by dangerous driving result in a life sentence. It is more a reaction to the circumstances - how negligent was the driver. It would be the same for cyclists. If a road user causes a death by being negligent or wilfully dangerous then the penalty should be the same regardless of the vehicle. There should be some penalty regardless of the outcome (death, injury or near miss).

It follows, for example if a pedestrian shoved someone off the pavement into the path of a vehicle they should be punished. Even if that vehicle (cycle or car) did not hit anyone but swerved and caused an accident. Or even if no accident occurred.

The punishment varies of course depending on the severity. For car drivers it is at first a fine, then points, or a ban. Apart the fine the other two cannot apply to road users who do not need a licence. Then there is criminal conviction. Next is a custodial sentence but I would like to see that being a last resort only for persistent offenders.

Lets remember that killing someone on the roads does not result in much of a penalty if no blame can be attributed to the driver (or cyclist). To be honest most humans would feel awful enough even if they were not to blame. Think about train drivers who have had their train used as a method for suicide.

Drifting off topic but custodial sentences cost money AND risk the person being punished learning more bad ways while in prison. It would be nice if we could view prison only as somewhere we put criminals we want out of society. For most "criminals" in this case motoring offenders there is plenty of punishment. A criminal record leading to loss of work opportunities. Loss of licence. This is a lot cheaper than a prison cell if there is little of no risk of a repeat offence.

In a nut shell the headline saying life imprisonment is mostly a warning to road users to be more careful.
 
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