“Cycling and the Law”

Aberdeen Cycling Community7th Feb 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

Jamie Aarons

Mark Lonnen

Fault based system - Dooring

Walter Hamilton

Fault based system - Junctions

Fault based system - Roundabouts

Alex Gibson

Fault based system - Passing

“Excuses”

• “Red light jumping”

• “Launched off the pavement”

• “Came from nowhere”

• “Riding too fast”

• Changing their story

• Refusing to provide insurance details

Prove fault?

Road Hazards

Robinson v SBC

Donald’s Experience

Cycle Paths

Cycle Paths

NE Challenges - Infrastructure

NE Challenges - Drivers

NE Challenges - Drivers

NE Challenges - Drivers

NE Challenges - Drivers

NE Challenges – 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

brenda.mitchell@cyclelawscotland.co.uk

www.cyclelawscotland.co.uk

cyclelawscotland

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