Tag Archives: Behaviour&Legal

Any legal or Gardai related issue; also road user behaviour: cyclists, motorists & pedestrians

Cycle death case handling ‘may need to change’

Cyclist.ie has been concerned about how cycling fatalities and serious injuries arising from road traffic collisions (RTCs) are handled in Ireland by the Garda-DPP axis. The report from The BBC below shows that there is concern about how the local constabularies and the CPS handle these cases in England.

The way cycling deaths are treated by police and prosecutors may need to change, the former Director of Public Prosecutions has said.

Sir Keir Starmer said there was a “very strong case” for the Crown Prosecution Service to make the final decision on whether to prosecute cases.

Currently, police forces decide whether to pass a case on to the CPS after investigating a cycling death.

The CPS said cases should be referred to a prosecutor as early as possible.

Department of Transport figures show 113 cyclists were killed in the UK last year.

Last year a Freedom of Information request by BBC’s Newsbeat found that between 2007 and 2014 there were 276 recorded incidents where a cyclist was killed in an accident involving a motor vehicle.

Of these, 148 – 54% – resulted in the driver of the vehicle being charged with an offence. Of those found guilty, fewer than half went to prison.

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Why are London cyclists so white, male and middle-class?

A fascinating study of why some Londoners cycle and others don’t illuminates cultural obstacles Boris Johnson’s cycling plans must overcome.

Among the several good objectives of Boris Johnson’s Vision for Cycling in London, produced in 2013, is an increase in the variety of Londoners who travel by bicycle. As Johnson himself puts it on page 5: “I want more women cycling, more older people cycling, more black and minority ethnic Londoners cycling, more cyclists of all social backgrounds – without which truly mass participation can never come.”

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Four out of five drivers escape conviction over penalty points

Four out of five drivers summonsed to court over penalty points offences are escaping conviction, new figures show.

Almost 150,000 drivers who were ordered to appear in court over the past two years were not convicted for reasons including not being served with a summons at the correct address, or claiming to have never received a fixed-charge notice in the post.

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Pre-Budget 2016 submission from Cyclist.ie

Cyclist.ie, the network of the cycling campaigns and bicycle festivals on this Island, makes this Pre-Budget Submission 2016 in an attempt to encourage fresh thinking about the purpose of a taxation system in relation to decreasing the societal impacts and latent costs to the Exchequer from unfettered motorised transport use and unhealthy lifestyles. National Budgets should be striving to support healthier and cost-effective modes of transport with benefits across health, community and the environment sectors. Investment in cycling promotion is one of the most cost-effective actions that any government can make. Full document

Note we are also calling for the bike frame registration number to be recorded on the invoice/receipt for any bicycle purchased from now on under Revenue Bike to Work scheme in order to help combat bike theft

Meeting of Cyclist.ie delegation with Garda Press Office

  • Cycling fines will be enforced by An Garda from Aug 1, for a range of offences, listed below.
  • Cyclist.ie wants safer streets and roads and encourages all cyclists to observe the new rules and not contribute to the creation of a convenient revenue stream for the Exchequer. However, it does not believe the proposed legislation, and the attitude towards its enforcement has struck the right balance to achieve safer road conditions for cyclists.
  • Cyclist.ie, at this meeting with An Garda on the subject, called for balanced policing which improves road safety for all road users. i.e. stricter enforcement of motoring offences which are hazardous for cyclists such as fly-parking in cycle lanes, safe overtaking distances, lower speed limits etc.
  • Official government policy – as outlined in NCPF – needs to inform all traffic-related activities in the state.

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See also earlier post on fixed charge notices for cyclists

Cyclist.ie and ‘Fixed Charge Notices’

Cyclist.ie respects the decision of the Minister for Transport Tourism & Sport (DTTAS) to introduce Fixed Charge Notices (FCNs) for a limited number of cycling offences. We submitted proposals to the Minister prior to the recent announcement and some of these were taken on board. However we wish to state clearly our ongoing position on FCNs below:

  1. We are not in favour of law breaking and dangerous cycling. The same reasoning applies to drivers of motorised vehicles. We understand the need for a deterrent to bad cycling behaviour that puts other road users at risk​, but deterrents already exist in law and merely require application/enforcement of that law.
  2. We are not convinced that the ‘risk’ element associated with these proposed FCN offences has been properly assessed​ in the context of overall national road safety policy.  Do cyclists kill other road users?  What level of injury/offence is caused by cyclists in comparison with motor vehicles?  What quantum improvement in road safety will be achieved through the introduction of these FCNs?  We have yet to see real analyses / figures, or be convinced by anything other than anecdotal comments.
  3. The overall thrust of road traffic policy ​should be the safety of all road users.  To this end the continued investment in, and development of, high quality infrastructure for both cyclists and pedestrians and 30km/h speed limit zones needs to be accelerated in line with national aspirations, as enunciated in the National Cycle Policy Framework, and in various Local Authority development plans.  Present investment in cycling related infrastructure is totally disproportionate to the investment in general roads infrastructure.
  4. The media stories on the proposals for FCNs were leaked on the Monday of National Bikeweek, which is coordinated by the Smarter Travel Unit of DTTAS.  Bikeweek is meant to be a celebration of all things ‘bike’, and yet another arm of DTTAS felt fit to leak this issue to the press, which in turn raised a negative ‘storm’ about cycling, directly during the week when the Department is supposed to be encouraging cycling!
  5. Dublin Cycling Campaign are working on the possible roll-out of a ‘RESPECT’ Campaign, to encourage all road users to be aware of, and respect other road users. We feel that at this point in time a positive national initiative such as this, to encourage better behaviour by all road users, would serve as a constructive counterpoint to the FCN approach of penalising cyclists.
  6. Ireland needs to catch up with the rest of Europe in promoting cycling by introducing standard initiatives such as contra-flow cycling and red light initiatives
  7. While noting the above we are satisfied that FCNs have been introduced at the lower rate of €40, but we need to see an agreed monitoring and reporting strategy put in place, so that any ‘benefits’ of the approach can be properly assessed.

In Summary

  1. We feel that the introduction of FCNs at this point in time was premature and reactionary, and may in the long term negatively affect the government’s sustainable transport initiatives.
  2. We urge the Minister to:
    • Actively promote positive and respectful behaviour by all road users
    • Introduce a monitoring and reporting strategy to assess the impact of these FCNs
    • Seek the introduction of European standard initiatives such as contra-flow cycling, and red light initiatives for cyclists
    • Immediately increase direct investment in the improvement of cycle and pedestrian facilities.