Please read below the London Road Safety Council’s response to the consultation on the Cycling and Walking Investment Strategy safety review: proposals for new cycling offences.
Questions and responses:
The need for a change in the law
Q1. Our consultation proposes that there should be an offence of causing death by dangerous cycling. Do you agree with this proposal?
We agree that the gap in legislative options between prosecuting drivers/riders of mechanically propelled vehicles and riders of cycles should be closed either by creating a new offence of causing death by dangerous cycling or by altering the existing offence of causing death by dangerous driving to enable this legislation to be used for cyclists. We feel that the latter option would remove any grey area that may conceivably occur in the instance of increasingly popular electronically assisted pedal cycles.
Q2. Do you think that there should be an offence of causing death by careless or inconsiderate cycling?
As with our answer to question 1, we agree that the legislative gap should be closed by the creation of this offence or by altering existing legislation for driver/riders of mechanically propelled vehicles to include cyclists.
Q3. The consultation also proposes that there should be an offence of causing serious injury by dangerous cycling. Do you agree with this proposal?
Again, we agree that this offence should be created or existing legislation altered to include cyclists.
Q4. The Ministry of Justice consulted on bringing forward a new offence of causing serious injury by careless driving. This consultation proposes that there should be an offence of causing serious injury by careless or inconsiderate cycling. Do you agree with this proposal?
We agree that an offence of causing serious injury by careless or inconsiderate cycling should be created or the proposed offence of causing death by careless driving should be altered to include cyclists.
Q5. If there were a new offence of dangerous or careless cycling, do you think the sentences should match the sentences for dangerous or careless driving (current driving sentences shown in brackets):
- causing death by dangerous cycling (currently 14 years for driving) b. causing death by careless cycling (5 years for driving) c. causing serious injury by dangerous cycling (5 years for driving)
We are of the opinion that the minimum sentence for all three cases should be for 5 years. Some of our members felt that a 14 year sentence would be too hefty for use with cyclists, but was too lenient for use with drivers.
Q6. The report from the independent legal expert concluded that there is a gap in the law regarding dangerous or careless cycling. Do you feel that existing laws adequately cover circumstances where a person’s cycling harm or injury to others?
We believe that there is a gap in the current law and that it is sensible to reassess legislation to ensure that it keeps up with changes in society. Members’ opinion was divided on whether this gap would be best closed by creating new offences or by altering existing offences for use with cyclists.
Q9. This consultation proposes that new offences should apply to public places as well as roads. Do you agree with this proposal?
We agree that legislation, be it amended existing law or newly created, should apply to public places as well as to the road.
Q10. The current offences of dangerous or careless cycling apply to a road. This consultation proposes that it should also extend to a public place. Do you agree with this proposal?
We agree that this offence should be extended to incorporate public places.
Q11. Are there any other comments that you wish to make about where the laws should apply?
No
Q12. Drivers may be banned from driving for committing a current cycling offence. Minimum driving disqualification periods currently apply under the Road Traffic Offenders Act 1988. For drivers this is currently 2 years for causing death or serious injury, 1 year for causing death by careless driving. Do you think this should also apply to any of the new offences proposed in this consultation?
We feel that this should be an option that should be considered on a case by case basis, where the severity of the offence warrants its use.
Q13. If not, could you please explain why? If so, do you have any views on how long the minimum disqualification period should be?
We feel that the current terms of 2 and 1 years as laid out in question 12 are appropriate.
Q14. There is currently an offence of dangerous cycling (with a fine of up to £2,500) and for careless cycling (with a fine up to £1,000). This consultation proposes that the penalties for these offences should remain unchanged. Do you agree with the proposal?
We agree that these penalties should remain unchanged.
Q15. If not, could you please explain why? Are there any other comments you wish to make on the level of penalty?
Q16. This consultation proposes that there should not be a new offence of causing death by careless cycling when under the influence of drink or drugs. Do you agree with the proposal?
We agree with this proposal, if the method for testing a cyclist’s impairment is robust enough (roadside or Police Station testing as used with drivers and riders of mechanically propelled vehicles).
Q17. The current fine for riding a cycle when unfit to ride through drink or drugs is £1,000. Do you think we should consider increasing the fine?
We feel that the current fine is still appropriate.
Q18. Do you think we should consider making it an offence to attempt to cycle (as well as actually cycling) when unfit to do through drink or drugs?
Yes, we feel that attempting to ride when unfit to do though drink or drugs should be an offence.
Q19. Are there any further comments you wish to make?
As stated in our earlier responses, the majority of our members agreed that the apparent gap in legislation between offences of drivers/riders of mechanically propelled vehicles and riders of cycles should be closed. However, opinion on whether this should be achieved by the creation of new legislation or the alteration of existing legislation, to include cyclists, was divided.