Oxford man charged with careless cycling after pedestrian, 81, dies

[Lily Rose]

Apologies if this has been posted before.

 

Relates to a death near Iffley Lock on the Thames last November.

 

https://www.bbc.co.uk/news/uk-england-oxfordshire-66288128

[Alan de Enfield]

Another example from a couple of years ago (hopefully these prosecutions will become more frequent !)

 

From NBW

 

THE case where a cyclist has been found guilty of causing bodily harm by 'wanton or furious driving' yesterday, has raised further questions about pedestrian safety and the responsibility of cyclists in public places, writes Keith Gudgin.

Mrs Briggs' family said they plan to campaign for tougher cycling laws to protect pedestrians. He said: "Out of this senseless carnage, I shall try to bring change to the law and change to attitudes. Perhaps in this way I can honour my wife."

Cycling furiously along the towpath

Cyclists need to remember this law whilst they are cycling furiously along the towpath. If they injure a pedestrian by 'wanton or furious driving or racing, or other wilful misconduct' with the result of causing 'any bodily harm to any person whatsoever' could mean they end up in prison for up to two years or having to fork out a hefty fine or both.

As can be seen, they would not need to kill anyone to be prosecuted, any bodily harm to any person whatsoever is sufficient for a prosecution and the law does not state that they have to be on a public road or footpath either so towpaths and private property are also covered.

Provide evidence

We boaters, as towpath users, need to be aware of this law and take measures to provide the police and other authorities with the evidence of cyclists who persist in riding in a wanton or furious manner or racing along the towpaths in order to get them stopped and/or prosecuted. Remember, speed trials are a form of racing and therefore fall within the remit of this law.

Also, I feel CaRT and local councils need to become aware that they could also, by not attempting to prevent furious riding or racing in any form by cyclists, become liable for a failure in their duty of care responsibilities.

CaRT could end up with a fine

If CaRT and local councils continue to upgrade all the towpaths to knowingly allow cyclists to race or ride furiously without including any other restrictions, i.e. speed humps, gates or even just a blanket speed limit to restrict cyclists then I feel that before long they could end up with a very hefty fine and a court order to implement measures of prevention.

Remember, aiding and abetting an offence is treated by the courts in just the same manner as actually committing the offence under British law.

Cyclists only one user of the towpaths

We pedestrians have the law on our side, we must put a stop to irresponsible and ignorant cyclists who insist that they have the right of way over everybody and anybody on any road, path, track or byway. Cyclists need to be made aware that they are only one user of the byways and that they are required to give way to others. On towpaths, the rules actually state that cyclists should give way to pedestrians.

Why do cyclists assume that all pedestrians are going to jump out of their way. Why should pedestrians have to step off the path into the mud and puddles just to let a speeding cyclist go past without even slowing down. What happens if the pedestrian is deaf and cannot hear the cyclist approaching from behind?

Not even need come in contact

This law, as it is, does not even need the cyclist to come in contact with the pedestrian for an offence to be committed as it states '...do or cause to be done any bodily harm...'.

It appears from this that a cyclist could be liable if, by their action, they just make a pedestrian fall over and injure themselves. Therefore any action by a cyclist that causes bodily harm in any way could constitute an offence under this law.

Not above the law

Cyclist need to be shown that they are not above the law and that other people, other byway users, also have rights and even have a right of way over cyclists in many cases.

One thing that needs urgent attention is the identification of cyclists to prevent them from just getting up and riding off after an accident without leaving any trace of who they are. Registration of all adult cyclists and a registration plate fixed to their bike is an urgent and long overdue legal need.

The law under which the cyclist was charged...

 'Offences Against the Person Act 1861'. This law is the closest to dangerous driving a cyclist can be charged with, and states

35} Drivers of carriages injuring persons by furious driving.
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm

Edited July 25, 2023 by Alan de Enfield

[HenryFreeman]

If it's anything like when motorists kill pedestrians and cyclists, which seems to be happening with increasing frequency, I'd be surprised if he gets more than a year or so. They say if you want to kill someone, best use a car.

[magnetman]

There is an old law from many yars ago where cyclists traveling backwards with their hands crossed over and using mirrors can be arrested for Curious Cycling. 

 

Time for laws around 2 wheel vehicles to be updated. 

[Jen-in-Wellies]

Remember, he has been charged, not convicted. Presumption of innocence and all that.

 

Mixing different speeds and masses of transport on the same route, the slower, lighter one comes out worse. Kinetic energy of the impact, which rises with the square of the speed and directly proportional to the mass.

Cyclist hits pedestrian. Pedestrian usually comes off worse.

Car driver hits cyclist, or motorbiker, or horse+rider. The one on two wheels, or four legs comes off worse.

Lorry driver hits car. The car occupants come off worse.

Train hits lorry on a level crossing. Not good for the lorry.

 

It is why the hierarchy of road users was made more explicit in the latest update to the Highway Code. I know this collision was on a tow path, not a road, but pedestrians are very vulnerable to a cyclist at speed in the typically confined width of a tow path and mixing the two can only work if the cyclists slow down when around pedestrians. I walk and cycle on tow paths and highways and drive on roads (not towpaths!), so see it from all sides. Cyclist caused injuries and deaths of pedestrians are relatively rare, compared with driver caused ones and receive a lot of publicity as a result. Remember, what makes the news is something unusual happening. Man bites Dog, not Dog bites Man. Perhaps that publicity and prosecutions will encourage a bit more thought with some people on bikes.

[BWM]

35 minutes ago, HenryFreeman said:

If it's anything like when motorists kill pedestrians and cyclists, which seems to be happening with increasing frequency, I'd be surprised if he gets more than a year or so. They say if you want to kill someone, best use a car.

Aiming hatred at cyclists is very much the trend these days, unfortunately an acceptable outlet for latent bigotry. 

[HenryFreeman]

Just now, BWM said:

Aiming hatred at cyclists is very much the trend these days, unfortunately an acceptable outlet for latent bigotry. 

 

Alas, you're not wrong. Of course, there are plenty of cyclists (or people on bikes) who ride like pillocks but the motorist fraternity should probably get their own house in order before whinging about cyclists, given they (motorists) by far do the most damage on our roads.

[Jen-in-Wellies]

1 minute ago, BWM said:

Aiming hatred at cyclists is very much the trend these days, unfortunately an acceptable outlet for latent bigotry. 

Absolutely. Newspapers and other media always have a rotating set of out groups to hate on. Helps sell papers. Cyclists are part way up the current list. Anything bad being done by a member of an out group will receive extra publicity. 

[SLC]

Have you ever walked along a towpath which is used as a cycle route to work? 70% never make their presence known to you and rarely do I hear a bell. It is terrible. I am not condemning all cyclists, my wife and I are keen cyclists, but the majority near us during rush hour are inconsiderate in their rush to get to or from work.

We still meet cyclists, generally the lycra clad variety trying to beat their personal best and have even seen some competing in time trials. Yes there are many lovely people on bikes but......

Cyclists and their pressure groups, such as Cycling UK of which we are members, need to recognise the problems cyclists do cause. Even their own members.

[Tonka]

7 minutes ago, SLC said:

Have you ever walked along a towpath which is used as a cycle route to work? 70% never make their presence known to you and rarely do I hear a bell. It is terrible. I am not condemning all cyclists, my wife and I are keen cyclists, but the majority near us during rush hour are inconsiderate in their rush to get to or from work.

We still meet cyclists, generally the lycra clad variety trying to beat their personal best and have even seen some competing in time trials. Yes there are many lovely people on bikes but......

Cyclists and their pressure groups, such as Cycling UK of which we are members, need to recognise the problems cyclists do cause. Even their own members.

A bicycle has to have a bell when sold for road use. If a mountain bike is being sold for off road use then it doesn't need a bell. Towpath is off road 

[Higgs]

Just now, Tonka said:

A bicycle has to have a bell when sold for road use. If a mountain bike is being sold for off road use then it doesn't need a bell. Towpath is off road 

 

I walk the towpath a lot, and was pleasantly surprised the other day by a cyclist using a bell and a couple who stopped completely to let me through first. But whatever the type of bike, a bell is an item that should be used when approaching pedestrians from behind. A good shout would do. 

 

 

[Jen-in-Wellies]

Bells are an interesting one. If I ring the bell (pink, with a fairy on it) too close and the pedestrian is off in a little world of their own, they jump out of their skin. If they have headphones in, they don't hear it at all. Ringing a long way back when approaching from behind is better for their nerves, but increases the chances it won't be heard. I'll ring the bell to get the attention of phone zombies, engrossed in their mobile and barely aware of the unreal world beyond the screen. Will also for groups of pedestrians spread out across the width of the path.

[BWM]

1 minute ago, Higgs said:

 

I walk the towpath a lot, and was pleasantly surprised the other day by a cyclist using a bell and a couple who stopped completely to let me through first. But whatever the type of bike, a bell is an item that should be used when approaching pedestrians from behind. A good shout would do. 

 

 

I don't have a bell fitted to any of my bikes, but prefer to either slow to a crawl and say excuse me. One of the main reasons being it is impossible to ascertain if someone is hard of hearing and a voice tends to make less people jump, I personally feel that bells can sound impatient - particularly if operated by a chump.

[Higgs]

If they don't hear or become aware, when I'm on a bike, I just lurk until they get the feeling something is following them.

 

 

[David Mack]

21 minutes ago, SLC said:

Have you ever walked along a towpath which is used as a cycle route to work? 70% never make their presence known to you and rarely do I hear a bell. It is terrible. I am not condemning all cyclists, my wife and I are keen cyclists, but the majority near us during rush hour are inconsiderate in their rush to get to or from work.

We still meet cyclists, generally the lycra clad variety trying to beat their personal best and have even seen some competing in time trials. Yes there are many lovely people on bikes but......

I have found that walking along the towpath holding a boat shaft with a spike on the end, and letting it swing from side to side a little, is a remarkably effective way of ensuring that the towpath cyclists slow down or stop and treat you with respect.

 

Years ago I collected a Danforth anchor from Ladyline at Purley. Back then I didn't own a car and cycled everywhere. I found that with the anchor strapped to my bike's rather insubstantial rear carrier it wobbled as I cycled along. All the cars gave me a very wide berth as they passed!

[Higgs]

2 minutes ago, BWM said:

I don't have a bell fitted to any of my bikes, but prefer to either slow to a crawl and say excuse me. One of the main reasons being it is impossible to ascertain if someone is hard of hearing and a voice tends to make less people jump, I personally feel that bells can sound impatient - particularly if operated by a chump.

 

Yes, bells can seem intrusive and demanding of giving way. I never force the issue. 

 

 

[Jen-in-Wellies]

14 minutes ago, Higgs said:

Yes, bells can seem intrusive and demanding of giving way. I never force the issue. 

It's why I fitted a gentler and less demanding sounding bell to both my bikes. Picked a design with a more traditional "dring dring" sound than the single loud DING, more common now.

[SLC]

If you do not have a bell and argue you do not need one by law, then I would argue that you are irresponsible. It is a cyclists responsibility to let pedestrians know they are approaching and I have been told that if the pedestrian does not acknowledge, you have to dismount and push your bike past them. Humm. Imagine every pedestrian ignoring a bell! But the point is, barging through is potentially dangerous and during shift changes, the majority and I mean the majority do just that.

Which, in the interests of fairness, is not the case outside shift change hours! There are lovely people out and about and I will always try to accommodate them provided I know they are there. By the way, I am according to my wife going deaf. Does it ever occur to cyclists that this might be the case when approaching a pedestrian?

[Higgs]

5 minutes ago, Jen-in-Wellies said:

It's why I fitted a gentler and less demanding sounding bell to both my bikes. Picked a design with a more traditional "dring dring" sound than the single loud DING, more common now.

 

Dring-dring would be less abrupt, I think. I suppose it could depend on how manic the operator is.

 

 

[Jen-in-Wellies]

7 minutes ago, Higgs said:

 

Dring-dring would be less abrupt, I think. I suppose it could depend on how manic the operator is.

 

 

[Slim]

2 hours ago, HenryFreeman said:

 

Alas, you're not wrong. Of course, there are plenty of cyclists (or people on bikes) who ride like pillocks but the motorist fraternity should probably get their own house in order before whinging about cyclists, given they (motorists) by far do the most damage on our roads.

Not having a pop at cyclists but how much do they directly pay to the upkeep of the roads

[HenryFreeman]

2 minutes ago, Slim said:

Not having a pop at cyclists but how much do they directly pay to the upkeep of the roads

 

Same as anyone else who pays taxes.

[Slim]

Just now, HenryFreeman said:

 

Same as anyone else who pays taxes.

No, more. Excise duty, road tax, call it what you like.

[HenryFreeman]

Just now, Slim said:

No, more. Excise duty, road tax, call it what you like.

 

Which goes into the general tax coffers - your road tax/emissions tax could be paying as much for hospitals or schools as it could be for roads. Same with my income tax.

[magnetman]

53 minutes ago, Higgs said:

 

Dring-dring would be less abrupt, I think. I suppose it could depend on how manic the operator is.

 

 

You can tell how much of an arsehole a towpath cyclist is by how many times they ting the bell. 

 

I think BW/The CRT recognised this when they had the 'ting twice be nice' campaign. 

 

I suspect sometimes people forget that roads very often have a raised kerb around 3 or 4 inches high between wheeled vehicles and pedestrians. There is no such luxury on towpaths. 

 

Be very careful about 2WV on towpaths. This is a dangerous thing to be allowing. I realise it is a bit too late to be announcing this but it results in negative outcomes for the canals. 

 

 

 

 

They will take over and demand more land. 

Edited July 25, 2023 by magnetman