UK Government Consultation: New cycling offences: causing death or serious injury when cycling.

You may be aware that this consultation closed yesterday.

We took the opportunity to ensure that the Road Share campaign for Presumed Liability was once again placed on the table as a key legislative measure which needs to be introduced within the UK to protect vulnerable road users and encourage higher levels of cycling and walking.

Our response to Q12 which related to Scotland was as follows:

“We all have responsibility for our safety and the safety of others on the road. Respect of all road users for one another is vital yet our current fault based system requires the cyclist seeking compensation after an accident to prove someone else was to blame and as such is weighted against the injured. We support the campaign for the introduction of Presumed Liability in Scotland and believe it should be introduced UK wide. The change would bring the UK into line with the vast majority of European nations who for decades have had empathetic civil road traffic liability legislation for their vulnerable road users.

Presumed Liability would not entitle dangerous or careless cyclists to automatically receive compensation and thus encourage poor road behaviour. Nor would it prevent the government introducing legislation to criminalise reckless cycling but it would go some way to addressing the current imbalance between the most vulnerable and those that statistically are most likely to harm them.

Presumed Liability is, in our view, a progressive response of a mature, socially conscious nation seeking to encourage greater cycling density whilst also addressing the unacceptable level of casualties amongst cyclists. The UK and Scottish Governments suggest there should be ambitious increases in cycling yet there is no evidence of any country achieving the levels of growth sought without a comprehensive package of measures which includes Presumed Liability Legislation.

There will be those who would seek to portray the introduction of Presumed Liability as a major step biased in favour of the cyclist yet all it seeks to do is bring us into step with our European neighbours. Presumed Liability is a natural component part of the overall review of road safety legislation that we suggest is needed - a considered package of reforms rather than a piecemeal reaction to specific events.”