cycling and the law' - st andrews cycling community
TRANSCRIPT
“Cycling and the Law”
St Andrews Cycling
Community
12th April 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
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
Drivers
Drivers
Drivers
Drivers
Fault based system - Junctions
Fault based system - Junctions
Fault based system - Roundabouts
Alex Gibson
Fault based system - Passing
Fault based system – No Contact
“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
Prove fault?
Road Hazards
Robinson v SBC
Donald’s Experience
Cycle Paths
Cycle Paths
Cycle Paths
Police
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
Damages
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
Presumed Liability Responsibility
BikeRadar – reasons to be cheerful1. You’ll get there faster.2. Sleep more deeply3. Look younger 4. Boost your bowels 5. Increase your brain power 6. Beat illness 7. Live longer8. Save the planet9. Improve your sex life10. It’s good breeding 11. Heal your heart12. Your boss will love you13. Cycle away from the big C14. Lose weight in the saddle15. You’ll make more money
16. Avoid pollution17. It means guilt-free snacks18. Enjoy healthy family time19. Get better at any sport20. Make creative breakthroughs 21. You’re helping others 22. You can get fit without trying too hard23. Boost your bellows24. Burn more fat25. You’re developing a positive addiction 26. Get (a legal) high27. Make friends and stay healthy28. Be happy 29. Feeling tired? Go for a ride30. Spend quality time with your partner
Q and A
www.cyclelawscotland.co.uk
cyclelawscotland
jodigo27