The UK government is considering an amendment to the crime and policing bill that would modernise the law regarding dangerous cycling, aligning it more closely with existing driving laws. This proposed change, currently under debate in Parliament, aims to address the offence of causing death by dangerous cycling with penalties equivalent to those for dangerous driving.

At present, reckless cycling is prosecuted under legislation dating back to the 1860s, which carries a maximum sentence of two years in prison. The new amendment would bring the offence into line with contemporary road traffic laws, potentially imposing stricter penalties on cyclists found guilty of causing death due to dangerous behaviour.

The original proposal was put forward by the Conservative government in May 2023 but faced criticism from some quarters. Emily Kerr, a Green councillor from Oxford City, described the initiative as “incredibly low down the list of things which would make our roads safer.” Despite this opposition, there are voices in support of the amendment, including local government officials and law enforcement representatives.

Louise Upton, Oxford City Council’s cabinet member for transport, expressed her approval of the bill. Speaking about the equal responsibilities of all road users, Cllr Upton said: “People on bicycles do need to follow the rules of the road just as much as people in cars must, so it makes sense that people who injure or endanger others when riding a bike should be treated in the same way as people driving vehicles.” However, she acknowledged that fatalities and injuries caused by motor vehicles remain far more common. “I do think that there is a greater duty of care to others if you are cruising around safely encased in two tonnes of metal, than if you are protected only by a layer of clothing,” she added.

Drawing from her personal experience cycling in Oxford, Cllr Upton described frustrations with reckless cyclists who flout traffic signals, warning that such behaviour tarnishes the reputation of law-abiding cyclists. Referring to the likely consequences of dangerous cycling, she commented: “And if I catch up with them, I always ask if they have an Organ Donors card, because the most likely outcome of reckless cycling is that they get themselves injured rather than anyone else!”

The issue of cycling-related fatalities has gained local attention following a legal case last year in Oxford. Edward Bressan, 56, was acquitted of causing bodily harm by wanton or furious driving after his bicycle collided with a woman on a towpath, leading to her death. He was tried under the Offences Against the Person Act of 1861, highlighting the antiquated nature of the current legal framework for cycling offences.

Matthew Barber, Thames Valley Police and Crime Commissioner, voiced his support for the proposed legislative update. He stressed that the nature of the vehicle involved in a fatality should not affect the severity of penalties. Barber said: “Thankfully deaths caused by cyclists are incredibly low, but we know that they can happen and it is only right that anyone who causes the death of another person through dangerous driving should face the same penalty whether they were driving a car or riding a bicycle.”

He emphasised the responsibility of all road users to ensure safety: “Whatever our chosen form of transport we have to take responsibility for our own action when we use the roads and have a duty to ensure the safety of others.” He also noted the positive trend in road safety statistics in the Thames Valley area, saying, “Thankfully incidents that have resulted in deaths or serious injuries on our roads are at an all-time low in Thames Valley, but any death is tragic, and when the loss of life is caused by someone else’s reckless or dangerous behaviour the type of vehicle becomes irrelevant.”

The proposed amendment represents an effort to modernise road safety legislation to better reflect current traffic conditions and modes of transport, acknowledging the increasing presence of cyclists on UK roads and seeking to ensure appropriate legal consequences for dangerous behaviour while cycling. The bill remains under parliamentary consideration.

Source: Noah Wire Services