Driver not prosecuted after brutal hit and run

[Chief inspector]

Originally Posted by harveys

To be fair as I said once before let's see the video10 to 15 minutes before the Incident.

Just to get a background how the guy was riding.

I agree, cyclist is probably an idiot, and I would like to see it as well but chasing after and intentionally striking a person with a 2 tonne car has a high chance of incurring a fatality is not an appropriate response. A cyclist riding away from you is no threat.

Under English law he (or she, we don't know) was lucky as you have to prove intent, under Scots law, he would risk an attempted murder charge under the oft used 'wickedly reckless' definition, which is usually used when one causes injury or death by waving a knife around.

[harveys]

I guess the driver could say the city safe feature the car had failed to work. !

Did the cyclist hit the car before hand and Just cycled away ?.

[4candles]

Originally Posted by harveys

Did the cyclist hit the car before hand and Just cycled away ?.

Would that be justification in your book then?
Be careful, Roy Macdonald will have you on an awareness course for a crime far greater than than my own!

[harveys]

Originally Posted by 4candles

Would that be justification in your book then?
Be careful, Roy Macdonald will have you on an awareness course for a crime far greater than than my own!

If so hit and run ,Failure to stop is offences well I believe.


Just found this on the same site as the first link , so who's at fault here van or cyclist or both ?.

https://youtu.be/OEEWLesRc-Q

[4candles]

Originally Posted by harveys

If so hit and run ,Failure to stop is offences well I believe.

Don't know exactly how that works the other way round with no number plate to report?

[Chief inspector]

Originally Posted by harveys

Just found this on the same site as the first link , so who's at fault here van or cyclist or both ?.

https://youtu.be/OEEWLesRc-Q

The van driver appears to have failed to heed rules 151 and 183 and is fully liable.

I would have some sympathy with him due to the stupid road layout, the status and position of the cycle lane is not clear, but he wasn't even indicating.

In this case ......the accident wouldn't have happened if the rider used the Road......

A bit of perspective https://m.youtube.com/watch?v=j2qNup7YNSY

[id5]

Originally Posted by Chief inspector

A motorway is not a public highway in the traditional sense and as such has special rules, quite rightly, it's for motor vehicles.

Cyclists can of course be prosecuted and fined for irresponsible (furious is one of the offences) cycling, but cannot have penalty points added to their motor vehicle license, why should they? If they cause injury, they can also face a prison sentence.

Bicycles are a key solution to urban pollution and congestion in our cities and the use of depleting fossil fuels, I cannot recall anyone being killed by a cyclist
....

You did not mention 'Public Highways', essentially public right of ways or what are now termed 'Byways open to all Traffic', in your post just Highways, which are governed under the Highways Act; of which motorways are created under. It is not just motorways, there are also other roads where Traffic Regulation Orders stop you from walking, cycling, riding or driving.

As to penalty points, driving licenses, bans and death caused by cyclists, take a look at this where the cyclist was banned from driving as part of his sentance. Although the RTA recommends discretionary or obligatory punishments for drivers and only fines for cyclists it is up to the judges discretion to award punishment within reason including points on licenses that may not yet have been yet issued.

As for the rest, every road user needs to act responsibly.

[Chief inspector]

Originally Posted by id5

You did not mention 'Public Highways', essentially public right of ways or what are now termed 'Byways open to all Traffic', in your post just Highways, which are governed under the Highways Act; of which motorways are created under. It is not just motorways, there are also other roads where Traffic Regulation Orders stop you from walking, cycling, riding or driving.

As to penalty points, driving license, bans and death caused by cyclists, take a look at this where the cyclist was banned from driving as part of his sentance. Although the RTA recommends discretionary or obligatory punishments for drivers and only fines for cyclists it is up to the judges discretion to award punishment within reason including points on licenses that may not yet have been yet issued.

As for the rest, every road user needs to act responsibly.

You can't be given points for a cycle offence.... like I said .... only disqualified, or prevented from gaining a licence if the judge thinks you are not a fit and proper person to hold one, as you will note, it rarely happens and is likely to be challenged.


Also as you can't be breathalysed for cycling, it's actually more onerous for cyclists as it's down the judgement of the uniformed officer who stopped them rather than any science.

[Craigy]

Originally Posted by Chief inspector

The van driver appears to have failed to heed rules 151 and 183 and is fully liable.

I would have some sympathy with him due to the stupid road layout, the status and position of the cycle lane is not clear, but he wasn't even indicating.

In this case ......the accident wouldn't have happened if the rider used the Road......

A bit of perspective https://m.youtube.com/watch?v=j2qNup7YNSY

While I agree with you and the Van driver is clearly liable in this case I would also suggest that this is also a case of stupid cycling. Why would you undertake traffic at a junction? I know he's not signalling and it would be difficult to see that he's turning left as he's just pulled away from the stop line, but you could have a fair guess that the vehicle may turn at the lights.
If I were cycling I certainly wouldn't rush past traffic at a junction like that, rightly or wrongly it's still going to hurt me more when someone turns without signalling. I live in Bournemouth where signalling at junctions appears to be optional.

[Warkman]

It's about time that cyclists had to pay road tax and insurance before being in the road.
As they fail all the time to stop at traffic lights, they ride over pavements to cut corners, they ride along past cars on double white lines, they ride without lights, it's tine we charged £1,000 road tax as a minimum