Cyclists face prosecution for not using lanes
By David Millward, Transport Correspondent
Last Updated: 2:23am BST 19/05/2007
Cyclists who fail to use lanes provided for them could face prosecution
as a result of changes to the Highway Code, it became clear last night.
The new code, which radically tilts the balance against cyclists, may
come into force as early as next week unless MPs and peers manage to
block it. A number of politicians in both houses are ready to object
after being lobbied by cycling groups.
The wording of the relevant passage has been the subject of intense
debate over the past few months.
According to the present version of the Highway Code, cycle routes
should be used "when practicable". A revised version said they should be
used "where they are provided". Then, in a concession to cyclists, the
latest version was changed to instruct them to use lanes "wherever
possible".
Although the changes in wording appear very subtle, their legal impact
could be considerable, according to CTC, formerly known as the Cyclists'
Touring Club.
The 1988 Road Traffic Act created the offence of "inconsiderate
cycling", which is guided by the Highway Code.
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That was the offence used to convict Daniel Cadden last year after he
was arrested for failing to use a cycle lane.
However, the conviction by a district judge was overturned by Shrewsbury
Crown Court in January - on the basis of the existing wording.
"Under the revised wording, we fear that Daniel's conviction would not
have been overturned," said Richard George, CTC's campaigns officer. "If
this version of the Highway Code is adopted we fear many more cyclists
will be prosecuted for similar offences, despite having as much of a
right to use the road as anyone else."
Even if cyclists are not pulled over and prosecuted, their legal
position in the event of an accident has also been changed as a result
of the new code.
A driver hitting a cyclist who ignored a cycle lane would be free to
pursue a claim of contributory negligence.
CTC also fears that the revised wording will leave five million cyclists
vulnerable to more aggression from motorists, who will argue that the
existence of lanes means that the rest of the road is the province of
those in cars.
Denis MacShane, Labour MP for Rotherham, is among those at Westminster
concerned about the wording.
He has called on Douglas Alexander, the Transport Secretary, to provide
assurances that cyclists will not be left vulnerable to prosecution.
"I am very worried that some officious police officer may seek to arrest
some granny or middle-aged MP plodding along on her or his bike," said
Mr MacShane.
Edmund King, the executive director of the RAC Foundation, had some
sympathy for the cyclists' position. "There is no doubt that some cycle
lanes are by their very nature dangerous," he said.
"There is a need to address cycle safety, but I am not sure that the
Highway Code is the best way to address it."
--
Tony
"The most savage controversies are those about matters as to which there
is no good evidence either way."
- Bertrand Russell