As England counts down to the start of the 2014 Tour de France, Rebecca Montague takes a look at the law relating to cycling in England and Wales.

As the Tour de France route is announced today, momentum is building for the start of the 2014 Tour de France in July in Yorkshire. The race is to start in Leeds on 5th July 2014 and the route is to take the best cyclists in the world through the dramatic Yorkshire landscape. All eyes will be on the current British cycling stars, Bradley Wiggins, Chris Froome and Mark Cavendish. Mark Cavendish has close family ties with Yorkshire and stands a chance to take at least one of the stage wins in his home county. Mark Cavendish can boast to being in the top five of all time of the most stage winners in the Tour de France.

With British cycling going from strength to strength, English cycling clubs are again rising in popularity with children wanting to get on to their bikes and aspiring to become like one of their heroes. People from all walks of life are being encouraged back into cycling and by the start of the 2014 Tour de France it is expected that cycling fever will have well and truly hit the UK.

One of the questions to be asked however is:

“Are our roads and traffic systems up to protecting the safety of the cyclists on the roads in England and Wales?”

The dangers of cycling were brought back into the spotlight after the euphoria of Bradley Wiggins winning the Tour de France in 2012 when he sustained injuries in a cycling accident whilst training near his Lancashire home. On 7th November 2012 in the village of Wrightington he collided with a Vauxhall Astra car driven by a lady on a garage forecourt who admitted she simply hadn’t seen him.

Indeed the dangers of every day cycling on the roads in England and Wales are well known by those who cycle the daily commute to work or just for pleasure. Cycle lanes can be ill kept and full of potholes making cycling on the road sometimes a safer option. Cycle lanes are also scarce and it can be difficult to plan routes to include cycle lanes.

A report earlier this year funded by News International put pressure on Parliament to bring changes to make cycling safer. It looked into reducing speed limits, better road surfaces, improved lorry designs and driver training, stricter enforcement of Road Traffic Law. Although it was given David Cameron’s endorsement it did not bring about any real change and David Cameron and Stephen Hammond, the Road Safety Minister, in short put the onus on to Local Authorities to bring about safer traffic systems.

Currently the law in England and Wales is found in the Road Traffic Acts, particularly the Road Traffic Act 1988. There is also a code comprising directions for the guidance of persons using roads – issued under Section 45 of the Road Traffic Act 1930 (as revised) – the Highway Code. Failing to observe provisions of the Highway Code is not in itself a criminal act or against the law. However, in any proceedings, civil or criminal, for offences under the Road Traffic Acts, the Highway Code may be relied upon by any party to the proceedings attempting to establish any liability which may be in question. Therefore, it does help where disputes as to who is at fault for an accident arise, to check the provisions of the Highway Code.

It is arguable however that to bring about a safer system in England for cyclists that the law should be brought more in favour of the vulnerable cyclist. An example of this can be found in the Netherlands who follow what is known as “strict liability”. Although referred to as “strict liability”, it comes from Article 185 of the Wegenverkeerswet (road law). Although there are certain exceptions in the main it means that drivers must compensate the more vulnerable road user – the cyclist – if there has been an accident and any harm caused to the person or their property.

In England and Wales alongside Acts of Parliament runs the Common Law. This is the law that has been developed by Judges through decisions of the Courts. Arising from Common Law is the idea of a “duty of care” in that one person owes a duty to another to ensure that they do not suffer unreasonable harm or loss. This duty extends in cycle law between one road user and another. The majority of cycle claims are therefore brought in negligence whereby one party has failed to exercise a reasonable degree of care. Quite often the facts speak for themselves.

Although this has been just a brief tour skimming the bones of cycle law in England and Wales, it may provide food for thought or something to think about during those winter sessions on the turbo trainer, when the thought of venturing out on to the wet icy roads is just too off putting, cold or dangerous.

“Do we need tougher road traffic laws and specific laws relating to cyclists or the development of a safer traffic system?”

 

The answer is probably both if cyclists are to remain safe and enjoy the pleasures of cycling through the beautiful English countryside.