In September 2023, former Cabinet minister Dame Andrea Leadsom reintroduced the argument for tougher laws for offences caused by cyclists. Speaking during justice questions, Mrs Leadsom asked then-justice minister Edward Argar MP about conversations within the Government over equalising the sentencing guidelines for deaths caused by cyclists and drivers.
The current position
Proposals for introducing new, equal offences for causing death by dangerous and careless cycling are not new. In 2018, the Government launched a public consultation regarding such proposals, however, no such response to the feedback has yet to be produced.
Currently, cycling specific offences are covered under the Road Traffic Act 1988. The most serious of which is dangerous cycling, which requires the rider to act ‘far below the expectations of a competent and careful cyclist’ in a way that would be considered obviously dangerous by a competent and careful cyclist.
The maximum punishment for such an offence is a fine of £2500.
Is there an appetite for reform?
Deaths caused by cyclists acting dangerously are low when compared to deaths caused in reported road collisions. In fact, in a 2020 report by the Parliamentary Advisory Council for Transport Safety, it was reported that in 2019, only 5 deaths were caused by a cyclist towards a pedestrian.
In comparison, in 2021, Government statistics show that there were an estimated 1,558 fatalities in Great Britain caused by reported road collisions.
1 HC Deb 12 September 2023, vol 737, col 762.
https://hansard.parliament.uk/Commons/2023-09-12/debates/C346BD42-8370-
4CBB-9327-9055D227E1D3/OralAnswersToQuestions#
2 Department for Transport (2018) Cycling and Walking Investment Strategy safety
review: proposals for new cycling offences. Available from:
https://www.gov.uk/government/consultations/new-cycling-offences-causing-death-
or-serious-injury-when-cycling
3 Road Traffic Act 1988, ss 28-30.
4 Parliamentary Advisory Council for Transport Safety (2020) ‘What kills most on the
roads? New analysis for the new transport agenda’. Available from:
https://www.pacts.org.uk/wp-content/uploads/PACTS-What-kills-most-on-the-roads-
Report-15.0.pdf
5 Department for Transport (29 September 2022), ‘National statistics. Reported road
casualties Great Britain, annual report: 2021’. Available from:
https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-
annual-report-2021/reported-road-casualties-great-britain-annual-report-
2021#overall-casualties-and-casualty-rates.
There is a mass disparity between the number of casualties caused by cyclists and those caused by motor vehicles, which begs the question, why are some MP’s so desperate for reform?
An answer to this comes from the tragic case of Kim Briggs, who was killed by a cyclist riding a bicycle with no front brakes. Whilst crossing the road on her lunch break, Mrs Briggs and the Defendant collided due to the bicycle’s inability to stop. In the absence of a specific offence for causing death by dangerous cycling, the Defendant was charged with wanton and furious driving, an archaic offence with a maximum penalty of 2 years imprisonment.
Cases such as the above are the driving force behind the push for new, specific cycling offences, and with the massive increase of bikes on the road, reform may not be too far away.
Any reform, however, must be accompanied by measures that promote a safe and harmonious coexistence of cyclists and pedestrians, such as improved infrastructure, awareness, and enforcement.
The road is a shared space, and we all have a duty to respect and protect each other.
If you have any queries regarding an injury suffered whilst cycling, please do not hesitate to contact the team.