tag:blogger.com,1999:blog-7651597981151570147.post3851283009659103011..comments2024-03-15T07:44:55.087+00:00Comments on The Cycling Lawyer: Legal Update - Spring 2011Martin Porterhttp://www.blogger.com/profile/07802050121734667593noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-7651597981151570147.post-3274903640928250292011-03-08T16:42:47.230+00:002011-03-08T16:42:47.230+00:00As the parent of Tobias, and having sat through th...As the parent of Tobias, and having sat through the giving of all the evidence, as well as reading the Judgment in full. I think you have simplified the findings somewhat in your summary on the blog, and the interpretation I had of what was said by the parties concerned, in the correct context, was somewhat different to the opinions and interpretation you express. <br /><br />Best wishes ShaniAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7651597981151570147.post-36405632600486211852011-03-08T11:34:04.688+00:002011-03-08T11:34:04.688+00:00Martin, do you think a law of "strict liabili...Martin, do you think a law of "<a href="http://www.kimharding.net/blog/?p=1638" rel="nofollow">strict liability</a>" (or should that be "proportionate liability"?) be of use in dealing with these cases? As a lawyer, do you think such a law could be made to work?Kimhttp://kimharding.net/blog/?cat=9noreply@blogger.comtag:blogger.com,1999:blog-7651597981151570147.post-56374296150776225382011-03-05T09:03:43.470+00:002011-03-05T09:03:43.470+00:00Mikey, send me an email if you want advice on a sp...Mikey, send me an email if you want advice on a specific problem. The general answer is that if you go to Court for riding on the pavement you will get a fine.Martin Porterhttps://www.blogger.com/profile/07802050121734667593noreply@blogger.comtag:blogger.com,1999:blog-7651597981151570147.post-68591997312714301872011-03-04T17:43:32.136+00:002011-03-04T17:43:32.136+00:00Read the "j.voelcker extract" in your ot...Read the "j.voelcker extract" in your other post and 9 deaths a day is not an acceptable price being imposed on the community for the privelege of ALL driving vehicles on British Roads !<br />One death of a "VRU" is one too many considering the current "There but for the Grace of God" attitude that exists !<br /><br />How can the Judiciary continue with this laissez faire behaviour ?<br /><br />Currently unable to use a bike through a repeat bout of Embolisms so i hope as a pedestrian to avoid some of the risks that i was exposed to at speed on the bike .skippyhttps://www.blogger.com/profile/10045948860442711266noreply@blogger.comtag:blogger.com,1999:blog-7651597981151570147.post-89981616653738579482011-03-04T10:20:27.813+00:002011-03-04T10:20:27.813+00:00Martin, what wonderful news. As I read I feared th...Martin, what wonderful news. As I read I feared the worst - it's good to see some sense in Uk justice at last!<br />I wonder if you could help settle something which I can't get my head around.<br />I am chair of Bournemouth Cycling Forum. Last night I challenged the Police Rep on the forum over pavement cycling.<br />I read that the Home Office (with the blessing of Chief POs) has issued guidelines for the 1999 law allowing on the spot fines...<br />"CSOs and accredited persons will be accountable in the same way as police officers... ...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.<br />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. (Letter to Mr H. Peel from John Crozier of The Home Office, reference T5080/4, 23 February 2004)<br />The current 'crackdowns' on pavement cycling prompted by community requests seem to totally disregard this. When I asked him, PC Rob Hammond said that 'it's down to the discretion of the officer'. I tried to get him to acknowledge that if the HO (with Chief Police Officers) have issued these guidelines then officers shouldn't do anything to responsible cyclists. He declined to agree just saying they'd be asked to stop doing so but not fined if they complied.<br />What's the status in law? It seems to me that Police policy is being decided from the bottom up rather than top down? The guidelines are clear to me - what happens if it goes to court to contest a fine?crapbournemouthcyclisthttps://www.blogger.com/profile/07040362064777634431noreply@blogger.comtag:blogger.com,1999:blog-7651597981151570147.post-36199748453915261582011-03-04T09:34:54.515+00:002011-03-04T09:34:54.515+00:00"I hear often (even sometimes from cyclists) ..."I hear often (even sometimes from cyclists) that cyclists are just as much to blame, just as responsible etc" This bugs me, if I go out on my bike I have a responsibility to ride safely, if I go out in my car I have a responsibility to everyone in the vicinity to drive safely. Not the same at all.Donkhttps://www.blogger.com/profile/01919359296842026180noreply@blogger.com