Sunday 23 September 2012

Criminal Justice system 'failing' to protect people who cycle...

Last week the Manchester Evening News reported that hundreds of people had been fined as Greater Manchester police launched a  "crackdown on pavement cyclists". The article went on to question whether it was a good use of public resources to fine or prosecute people who may well be cycling on the pavements as they do not feel safe cycling on the roads because of the speed and volume of the road traffic.

Only a day later, the cycling website Road.CC ran a story highlighting how a school caretaker in Hull who "deliberately ran down a cyclist in a fit of rage walked away from court with a £350 fine."

It was reported that the caretaker, Cal Groves, 45, shouted abuse at Gerard Lumb before knocking him over and driving off. The driver convicted of 'careless driving' and given nine points on his licence

Perhaps the caretaker was friends with the new Transport Minister, Simon Burns, who was convicted in 2009 of careless driving in an incident which left a cyclist with a broken neck. Road.cc reported how the Conservative MP had told the police that the "coast was clear as he drove out of Houses of Parliament - CCTV evidence proved otherwise".

A previous blog, in January 2011, Cyclists 'left unprotected by police and courts' highlighted a fascinating paper by Jake Voelcker entitled "A Critical Review of the Legal Penalties for Drivers Who Kill Cyclists of Pedestrians" takes as its starting point a CTC news comment:"


The review provides a fascinating and clear, if depressing, picture of how poorly the legal system responds to cases where drivers have killed, or seriously injured, cyclists.

Amongst many interesting comparisons the review highlights how the
"Health and Safety regulations would not permit thousands of one-tonne steel and glass machines with exposed moving parts to repeatedly pass feet or inches away from unprotected workers on the shop floor at well over 10m/s (HSE 1998, Sect.11). Yet this is the situation in our towns and cities today. Why are drivers allowed to impose this danger on pedestrians without more strict prosecution of liability?"


Two cycling organisations, the CTC and British Cycling, have joined together to ask MPs to support an early day motion (EDM) that is demanding a review of the criminal justice system for those injured on the roads.


The Early Day Motion 407 "Victims of Road Accidents" notes: "That this House notes that many victims of road accidents do not feel that the criminal justice system adequately protects or supports them in the aftermath of their case; further notes that it is important that those who have suffered traumatic incidents are given effective and sympathetic support as they attempt to rebuild their lives; welcomes the work of British Cycling and other groups, including CTC, Sustrans, London Cycling Campaign, The Times, Cycling Weekly, RoadPeace and Brake to raise the profile of the issue; and calls on the Ministry of Justice to review carefully the evidence they have submitted and undertake a comprehensive review of each part of the criminal justice system, from crash investigation standards through to sentencing guidelines, to ensure that it is fairer for cyclists, pedestrians and other road users who are hurt or seriously injured on the country's roads."

The following Greater Manchester MPs have already supported the Early Day Motion (407).

Bolton North East: David Crausby
Heywood and Middleton: Jim Dobbin
Manchester Withington: John Leech


As of the 22nd September, the following Members of Parliament had not signed up.  Why not drop them a quick email asking them to support the Early Day Motion and get a review of the way the criminal justice system treats people who cycle.

Altrincham and Sale West: Graham Brady MP.   Email   crowthers@parliament.uk

Ashton-Under-Lyne: David Heyes MP.                  Email    heyesd@parliament.uk
Bolton South East: Yasmin Qureshi MP.               Email   yasmin.qureshi.mp@parliament.uk
Bolton West: Julie Hilling MP.                                Email   julie.hilling.mp@parliament.uk
Bury North: David Nuttall MP.                                Email  david.nuttall.mp@parliament.uk 
Bury South: Ivan Lewis MP.                                   Email  ivanlewis@burysouth.fsnet.co.uk
Cheadle: Mark Hunter MP.                                    Email mark.hunter.mp@parliament.uk
Denton and Reddish: Andrew Gwynne MP          Email  gwynnea@parliament.uk
Leigh: Andy Burnham MP                                     Email  burnhama@parliament.uk
Manchester Blackley: Graham Stringer MP         Email  stringerg@parliament.uk
Manchester Central: Tony Lloyd MP                      Email  contact@tonylloydmp.co.uk
Manchester Gorton: Gerald Kaufman MP            Email   kaufmang@parliament.uk
Makerfield: Yvonne Fovargue MP                          Email  yvonne.fovargue.mp@parliament.uk
Oldham East and Saddleworth: Debbie Abrahams MP   debbie.abrahams.mp@parliament.uk
Oldham West and; Royton: Michael Meacher MP Email  massonm@parliament.uk
Rochdale: Simon Danczuk MP                               Email  simon.danczuk.mp@parliament.uk
Salford: Hazel Blears MP                                        Email  blearsh@parliament.uk
Stalybridge and Hyde: Jonathan Reynolds MP     Email  jonathan.reynolds.mp@parliament.uk
Stockport: Andrew Stunell MP                                Email  enquiries@andrewstunell.org.uk
Stockport: Ann Coffey MP                                       Email   coffeya@parliament.uk
Stretford and Urmston: Kate Green MP                 Email   kate.green.mp@parliament.uk 
Wigan: Lisa Nandy MP                                            Email  lisa.nandy.mp@parliament.uk
Worsley: Barbara Keeley MP                                 Email  keeleyb@parliament.uk
Wythenshaw and Sale: Paul Goggins MP             Email  gogginsp@parliament.uk

If you don't know who your Member of Parliament is - plunk your postcode into the Write to Them website....


Meanwhile, here's a suggestion for Greater Manchester Police, instead of prosecuting and fining people for cycling on the pavement - who may be wary of cycling on the road because of traffic speed and lack of confidence - why not follow Merseyside police and give people postcards advertising the free adult cycle training available for people in Manchester.  See here for details.

1 comment:

  1. I saw that article in the MEN last week, 250+ FPNs every year for the last 5 years. During those 5 years I bet there were less fines handed out for motor vehicles obstructing, driving in or parking in any of the region's cycle lanes, and there's virtually no chance of any motor vehicles being fined for illegally entering the advanced stop zones reserved for (the safety of) cyclists at busy junctions.

    I wonder how many serving police officers and PCSOs are familiar with the guidance that was given out when pavement cycling first became punishable with a FPN:

    "The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required."
    (Paul Boateng, Home Office Minister 1999).

    "...The Government have included provision in the Anti Social Behaviour Bill to enable CSOs and accredited persons to stop those cycling irresponsibly on the pavement in order to issue a fixed penalty notice...I should stress that the issue is about inconsiderate cycling on the pavements. The new provisions are not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of the traffic, and who show consideration to other road users when doing so. Chief officers recognise that the fixed penalty needs to be used with a considerable degree of discretion and it cannot be issued to anyone under the age of 16." (John Crozier of The Home Office, reference T5080/4, 23 February 2004).

    Perhaps GMP are trying to make cycling more expensive than driving, thereby helping to end the "war on the motorist" :/

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