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“Cycling and the Law” Berwick-Upon-Tweed 10 th May 2017
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Transcript of Berwick upon tweed Cycling Community
“Cycling and the Law”
Berwick-Upon-Tweed
10th May 2017
Prove fault
Concept of harm
– where a person is held liable not for failure to display the diligence of a reasonable person, but because they are in control of a potential source of danger to other people’s lives, health and property.
No fault liability
Industrial Revolution
Locomotive on the Highways Act (1861)
Locomotive Act (1865)
Lord Bramwell Powell v Fall (1880)
Advent of motorised vehicles
Gibbons v Vanguard (1908)
Wing v London General Omnibus (1909)
What were our European neighboursdoing?
“Betriebsgefahr”1907 - Germany
1920 – Netherlands
“Loi Badinter”
1985 - France
RomaniaMaltaCyprusUKIreland
The 5 who ignore the concept of harm
Fault based system
“To require an injured person to prove fault results in the gravest injustice to many innocent persons who have not the wherewithal to prove it.”
Level Playing Field
Cyclist v dog
Animals Scotland Act (1987)
Common Cycling Incidents
Dooring
Junctions
Passing
Roundabouts
Mark Lonnen
Fault based system - Dooring
Walter Hamilton
Fault based system - Junctions
Fault based system - Roundabouts
Jennifer Wallace
Fault based system - Passing
Challenges - Drivers
Drivers
Drivers
Drivers
Challenges - Police
“Excuses”
• “Red light jumping”
• “Launched off the pavement”
• “Came from nowhere”
• “Riding too fast”
• “There was a low sun”
• Changing their story
• Refusing to provide insurance details
Checks and balances
Road Hazards
Robinson v SBC
Donald’s Experience
Cycle Paths
Cycle Paths
Joe’s experience
Jim’s experience
What if it happens to you?
What if it happens to you?
What to do at the scene of an accident
• STOP
• CONTACT the Police
• OBTAIN registration number
• PHOTOGRAPH the scene/road surface/position of vehicles.
Collision Card
Legal Advice and Assistance
Injuries
Bike Helmet
Legal Expense Protection
Campaigning for safer cycling in Scotland
Campaign for Presumed Liability
Presumed Liability
Who brings most harm?
No country in the World has achieved both HIGH levels of walking + cycling and LOW casualty levels without presumed liability
Presumed Liability
Cycling fatalities
(1975-85) - 676 per annum
(1985-95) - 418 per annum
‘Loi Badinter’ introduced
38% decrease
www.roadshare.co.uk
Prove fault?
Sally Low video
Making a positive difference
Q and A
www.cyclelawscotland.co.uk
cyclelawscotland
cyclelaw1
