"cycling and the law" - edfoc 2016

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“Cycling and the Law”

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Page 1: "Cycling and the Law"  - EDFOC 2016

“Cycling and the Law”

Page 2: "Cycling and the Law"  - EDFOC 2016
Page 3: "Cycling and the Law"  - EDFOC 2016

Prove fault

Page 4: "Cycling and the Law"  - EDFOC 2016

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

Page 5: "Cycling and the Law"  - EDFOC 2016

Industrial Revolution

Locomotive on the Highways Act (1861)Locomotive Act (1865)Lord Bramwell Powell v Fall (1880)

Page 6: "Cycling and the Law"  - EDFOC 2016

Advent of motorised vehicles

Gibbons v Vanguard (1908)Wing v London General Omnibus (1909)

Page 7: "Cycling and the Law"  - EDFOC 2016

What were our European neighbours doing?

“Betriebsgefahr”1907 - Germany

1920 – Netherlands

“Loi Badinter”1985 - France

Page 8: "Cycling and the Law"  - EDFOC 2016

RomaniaMaltaCyprusUKIreland

The 5 who ignore the concept of harm

Page 9: "Cycling and the Law"  - EDFOC 2016

Fault based system

Page 10: "Cycling and the Law"  - EDFOC 2016

Level Playing Field

Page 11: "Cycling and the Law"  - EDFOC 2016

Common Cycling Incidents

Page 12: "Cycling and the Law"  - EDFOC 2016

Jamie Aarons

Mark Lonnen

Fault based system - Dooring

Page 13: "Cycling and the Law"  - EDFOC 2016

Walter Hamilton

Fault based system - Junctions

Page 14: "Cycling and the Law"  - EDFOC 2016

Fault based system - Roundabouts

Page 15: "Cycling and the Law"  - EDFOC 2016

Alex Gibson

Fault based system - Passing

Page 16: "Cycling and the Law"  - EDFOC 2016

Prove fault?

Page 17: "Cycling and the Law"  - EDFOC 2016

Concept of harm

Page 18: "Cycling and the Law"  - EDFOC 2016

Presumed Liability

Who brings most harm?

Page 19: "Cycling and the Law"  - EDFOC 2016

“The Court has consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is potentially a dangerous weapon.”

Destructive disparityLady Justice Brenda Hale

Page 20: "Cycling and the Law"  - EDFOC 2016

Level Playing Field?

Road Hazards

Page 21: "Cycling and the Law"  - EDFOC 2016

Is there hope?

Robinson v SBC

Page 22: "Cycling and the Law"  - EDFOC 2016

Campaigning for safer cycling in Scotland

Campaign for Presumed Liability

Page 23: "Cycling and the Law"  - EDFOC 2016

No country in the World has achieved both HIGH levels of walking + cycling and LOW casualty levels without presumed liability

Presumed Liability

Presumed Liability Responsibility

Page 24: "Cycling and the Law"  - EDFOC 2016

Legal Expense Protection

Page 25: "Cycling and the Law"  - EDFOC 2016

Positive Note

Page 26: "Cycling and the Law"  - EDFOC 2016

Q and A

[email protected]

www.cyclelawscotland.co.uk

cyclelawscotland

cyclelaw1