Cyclists face up to 14 years in prison under new powers to treat them like drivers

The UK government is to introduce new legislation – including prison terms of up to 14 years – that will make cyclists liable for causing death or serious injury by dangerous or negligent cycling. The move would bring the penalties for such offenses in line with those for motorists and motorcyclists.

The proposed “offence of causing death by dangerous, negligent or reckless cycling and causing grievous bodily harm by negligent or reckless cycling” is being introduced as an amendment to the Criminal Justice Act. The amendment was supported by the House of Commons and will be debated further in the House of Lords.

Under the new law, cyclists who cause death by dangerous cycling face up to 14 years in prison. Transport Secretary Mark Harper said the legislation was needed to protect pedestrians and other road users from reckless cyclists.

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He also acknowledged the efforts of Sir Iain Duncan Smith MP and campaigners who championed the change. The proposed legislation was met with mixed reactions.

Some cycling groups have expressed concern that it could lead to increased harassment of cyclists. The government claims, however, that the new law is necessary to ensure road safety.

Current legislation for cyclists who cause serious injury or death through reckless riding only allows prosecution under an old law relating to mad and furious riding, originally enacted in the context of horses and carriages. The suggestion for a new directive was made by Sir Iain Duncan Smith (Chingford and Woodford Green), sanctioned by the Government and is currently progressing through Parliament embedded in the Criminal Justice Bill, aiming to become law.

Introducing the need for this law, former Conservative Party leader Sir Iain told MPs it was “urgent”. He explained in his statement to the house: “This is not, as is often accused by people who say something about it, anti-cycling. On the contrary, it is about making sure that this happens in a safe and reasonable manner.” .

The case of Matthew Briggs, whose wife Kim died tragically aged 44 after being hit by a cyclist on Old Street in east London, was addressed by Sir Iain. The individual responsible, who was riding a bicycle with fixed wheels and no front brakes, was jailed for 18 months after being convicted at the Old Bailey of “eager or furious driving” – a charge based on the archaic 1861 Offenses Against the person.

Sir Iain noted: “(Mr Briggs)’s attempt to prosecute a cyclist after his wife was killed in central London in 2016 involved such a complicated and difficult legal process that even the judge who said afterwards, since she’s retired, that she made a mockery and therefore had to be addressed, that the laws don’t cover what happened to his wife and it’s happening to a lot of other people.”

Describing the thrust of the amendment, he said: “I believe the amendment will achieve equal accountability, just as motorists are held accountable for dangerous driving that leads to death, I believe cyclists should face similar consequences for reckless behavior that leads to deaths. .”

In response to the acceptance of the amendment, Transport Secretary Mark Harper noted: “Most cyclists, like most drivers, are responsible and caring. But it is right that the small minority who recklessly disregard others face the full weight of the law for doing so. .”

He continued: “Like car drivers who break the law, we support this legislation which introduces new offenses around dangerous cycling. These new measures will help protect cyclists, pedestrians and other law-abiding road users, while ensuring justice.”

Currently, the Road Traffic Act identifies dangerous riding practices, which refers to acting in a manner that “falls well below what would be expected of a competent and careful cyclist” and where “it would be obvious to a competent and careful cyclist is riding in that place. the way would be dangerous”. The proposed tweak to the law would require cyclists to keep their vehicles “equipped and maintained” in accordance with the law. This includes keeping the brakes in proper working order.

The ruling would apply to cases involving pedal bikes, electric bikes, electric scooters and electric unicycles. Causing death or serious injury by dangerous, reckless or tactless driving are now criminal offences. However, the vehicle involved must be “mechanically propelled”.

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