Cyclist brings first private prosecution for dangerous driving

[Pale Rider]

Always worth bearing in mind the standard of proof - 'satisfied so that you are sure, nothing less will do'.

All 12 members of the jury may have thought the driver probably drove dangerously, but in those circumstances the correct verdict is not guilty.

 

[Simontm]

What we need to do is also simple: organise cycle rides and events for newcomers and keep inviting and encouraging police, judges, decision-makers, legislators and potential jurors to come for a ride. Then they may appreciate that a car passing without crossing the lane/centre line is scarily close.

My wife once put a photo like this up on Facebook:

With the comment:
"You wouldn't stand over the line when a train's coming through...How do you think cyclists feel every day."

Surprising how many people replied: "I hadn't thought of it that way."

 

[mjr]

You think they don't know? People don't let their children ride on the road because it is dangerous. The only step they shy away from taking is acknowledgement of the fact that they themselves are the danger.

I think they don't think it through (HT @Simontm for that example).

I also feel that not letting children ride is more to do with the modern tendency not to let children out of their sight except to go to school or similar approved places. Even in fairly cycling-y places with plenty of cycle tracks, it's fairly rare to see children cycling alone now, although I see them accompanied. Myself, my brother and my cousin (I think) once just rode off and did 30 miles around our nearest city and I'd be surprised if many parents would let them now.

That's all guesswork though: has anyone surveyed why parents don't let children cycle? I found some ranting about a nutty school in 2010 http://www.telegraph.co.uk/women/mo...dren-be-allowed-to-cycle-to-school-alone.html and nothing quantitative but I probably didn't spend long enough looking to find the right search terms.

And I just found this from LCC: http://lcc.org.uk/articles/sign-for-cycling-campaign-launch "This comes as our recent survey revealed that parents think London’s roads are far too dangerous for children to cycle; with 69% of people with children in their household saying cycling was ‘dangerous’ or ‘very dangerous’ for children in their borough" but I can't find the blooming survey. http://www.standard.co.uk/news/tran...-for-child-cyclists-say-parents-a3197961.html gives a few more details: 2064 people. I've tweeted to ask for the basic info and a reply may appear at https://mobile.twitter.com/mjray/status/708241963418591232 - but also, that's London and I suggest that Londoners' views will be different to more rural Norfolk or Somerset.

 

[mjr]

https://open.library.ubc.ca/cIRcle/collections/undergraduateresearch/34125/items/1.0075681 has some interesting Findings about cycling to school but they're not entirely consistent, there seems little attempt to estimate the relative importance of the four themes and it's from a far away cycling-hostile place.

 

[RoubaixCube]

And the irony of all this is that Aslan is a driving instructor. Coaching others on how not to obey the highway code. An issue like this should drag his job or reputation into question

 

[jefmcg]

And the irony of all this is that Aslan is a driving instructor. Coaching others on how not to obey the highway code. An issue like this should drag his job or reputation into question

(I'm not a lawyer but) it looks to me like even a conviction wouldn't affect his right to teach.

Related to this, I wondered how one could be suspended as a driving instructor.

https://www.gov.uk/driving-instructor-suspension-your-rights/when-you-can-be-suspended

[..]you pose a significant threat to public safety.
For example, if you:

• have been convicted of a sexual or violent offence
• are giving dangerous instruction that’s a major risk to the safety of your pupils and other road users

So it sounds like this conviction (if it had happened) wouldn't have been enough to stop him teaching, and that it's ok to teach poor driving as long as it's not a "major risk".

 

[ufkacbln]

OT

A few years ago I was at a set of lights when a Driving School Vehicle vehicle came alongside

Instructor leaned out and gave me a rollicking for not being on the cycle path

When asked where he had got that from he stated it was the law!

So took the video and "forgetting" the car details sent it to several local driving schools expressing my concern that this individual was unaware of the law and had misled the student. Also explained why this section was unfit for cyclists (bad design, illegal parking and used by local garage as a work space)

Everyone pointed out the correct School who were very apologetic, the instructor was "educated" and the pupil had been taken out bu another instructor and given the correct instruction about sharing cycle facilities

He passed me a few days later and simply scowled!

 

[snorri]

I have to wonder if the rather full description of the cyclist could have influenced the jury..............

" , a very experienced cyclist and in 2015 you heard he cycled nearly 8500 miles and passed a number of proficiency tests. He is a safe cycling campaigner and is known as the Cycling Silk, silk being the word used to describe Queen’s Counsel. .......... His bike he told you has very good lights front and back. Described it as a dedicated commuter bike with flat bars, what I believe to be straight handlebars. Wearing distinctive yellow top and on top of handlebars sits device called Garmon Edge which put simply logs power, [energy?], speed and heart rate. ...... which shows you a reading at the relevant time of power, speed and heart rate. Also affixed to the handlebars is a contour rome camera "

I wonder if non cyclists reading this quite lengthy description would be inclined to regard the cyclist as "one of these nerdy cyclists looking to trap a motorist " when compared with the description of the defendant which is fairly brief but includes his driving instructor status?

 

[midlife]

I have to wonder if the rather full description of the cyclist could have influenced the jury..............

" , a very experienced cyclist and in 2015 you heard he cycled nearly 8500 miles and passed a number of proficiency tests. He is a safe cycling campaigner and is known as the Cycling Silk, silk being the word used to describe Queen’s Counsel. .......... His bike he told you has very good lights front and back. Described it as a dedicated commuter bike with flat bars, what I believe to be straight handlebars. Wearing distinctive yellow top and on top of handlebars sits device called Garmon Edge which put simply logs power, [energy?], speed and heart rate. ...... which shows you a reading at the relevant time of power, speed and heart rate. Also affixed to the handlebars is a contour rome camera "

I wonder if non cyclists reading this quite lengthy description would be inclined to regard the cyclist as "one of these nerdy cyclists looking to trap a motorist " when compared with the description of the defendant which is fairly brief but includes his driving instructor status?

Is there a transcript of the case somewhere for you to get that info?

Shaun

 

[Origamist]

See below:

Judge's summing up: https://docs.google.com/document/d/1MH7n17fqlZkRuwpqLdpRRdull9elvdpOhCB6uWS7DP4/mobilebasic?pli=1

 

[DrLex]

In which the passage "I now turn to the evidence of Mr Kayardi. [...] he’s a qualified driving instructor who currently runs a business, a cafeteria in Twickenham" appears, indicating that he's fortunately not working as an instructor.

 

[midlife]

See below:

Ah! That was an interesting read, thanks for the link. I see in the summing up the judge gave the opportunity to the jury to find him guilty of careless driving. Or did I read it wrong?

Shaun

 

[RoubaixCube]

In which the passage "I now turn to the evidence of Mr Kayardi. [...] he’s a qualified driving instructor who currently runs a business, a cafeteria in Twickenham" appears, indicating that he's fortunately not working as an instructor.

Driving tuition could be a weekend job for him though

 

[Origamist]

Ah! That was an interesting read, thanks for the link. I see in the summing up the judge gave the opportunity to the jury to find him guilty of careless driving. Or did I read it wrong?

Shaun

Yes, acquitted on both counts.

 

[Drago]

So he flogged this particular horse, and there was still insufficient evidence. Apparently 'chump' is spelled 'silk' in his neck of the woods. Even better, the public purse picks up the bill.

What a tool.