New offences for cyclists/cycling

[Andy in Germany]

I understand it’s the same in France - if a motorist hits a cyclist, the assumption is that the fault is with the motorist.

It's the same in all EU countries, except Romania, last I heard. The law works on the principle that the stronger, and the one who introduces a greater degree of risk in a given situation, is presumed liable for any consequences.

In Germany, the same applies to me if I'm cycling and hit a pedestrian. As a cyclist, I'm introducing more risk and the pedestrian is more vulnerable.

 

[Mike_P]

It's the same in all EU countries, except Romania, last I heard. The law works on the principle that the stronger, and the one who introduces a greater degree of risk in a given situation, is presumed liable for any consequences.

In Germany, the same applies to me if I'm cycling and hit a pedestrian. As a cyclist, I'm introducing more risk and the pedestrian is more vulnerable.

Thats how the new highway code is set down, problem is only a small percentage of UK motorists will have looked at it and even a smaller percentage understand it.

 

[Alex321]

Thats how the new highway code is set down, problem is only a small percentage of UK motorists will have looked at it and even a smaller percentage understand it.

And the other problem is that the Highway code is only advice, not law.

 

[icowden]

And the other problem is that the Highway code is only advice, not law.

Not entirely. It is advice but many rules are supported by and reflect legal requirements. If the Highway code says "Must" or "must not" then that refers to a legal requirement.

 

[Alex321]

Not entirely. It is advice but many rules are supported by and reflect legal requirements. If the Highway code says "Must" or "must not" then that refers to a legal requirement.

Agreed, but the Hierarchy of road users doesn't fall into that category.

 

[Andy in Germany]

During my driving lessons (I learned to drive in Germany, not the UK, it's a long and rather boring story) it was drilled into me repeatedly that if I hit a pedestrian or cyclist I was in a lot of trouble; they deliberately drove in "shared space" streets and areas with cycleways to I got used to seeing them and reacting appropriately around pedestrians and cyclists. I had to demonstrate that I'd checked every pedestrian crossing for pedestrians waiting or even approaching them.

Correct behaviour around cycle lanes (in exactly the situation shown above) is also a big part of the test: the point being cyclists on cycle lanes have right of way crossing side roads unless otherwise shown by the signage.

It's a very different regime from the UK, and it does improve driver behaviour.

 

[matticus]

To quote the motorists' argument I've seen more times than I could possibly count:

"You're the ones who stand to get hurt, if you don't get out of our way you're stupid".

That's a threat. Pure and simple.