Cyclist v Motorist that's actually worth watching

Car_54

Mercdriver wrote: »

Highway code says to allow enough space for car doors to be opened. The cyclist actually didn't leave enough space. It also says that cars must allow a metre at least beyond the handlebars.

Does it really? Can you quote the rule number(s)?

Car_54

ChumLee wrote: »

Is any of that backed up by an actual law?

Yes. Road Traffic Act 1988 section 38(7):

"A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M2Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings."

Retrogamer

=rizla= wrote: »

http://news.bbc.co.uk/1/hi/england/dorset/8197430.stm , obviously a sad story, and i'll agree it probably is a difficult thing to prosecute for in all but the most extreme cases/outcomes.

Wanton furious cycling is a different offence from furious cycling.
Wanton furious can only be used when someone is injured due to the fault of the cyclist.
Wanton furious is still relevant today i think.

ChumLee

Car_54 wrote: »

Yes. Road Traffic Act 1988 section 38(7):

"A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M2Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings."

So no actual offence?

Car_54

ChumLee wrote: »

So no actual offence?

The earlier poster was asking for an actual law, not offence!

The offences of careless and deangerous driving (and of causing injury or death by CD or DD) can be established respectively by proof of driving below or far below "what would be expected of a competent and careful driver".

The HC is the yardstick used to define a competent and careful driver.

ChumLee

Car_54 wrote: »

Yes. Road Traffic Act 1988 section 38(7):

"A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicles Act 1981 or sections 18 to 23 of the M2Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings."

Car_54 wrote: »

The earlier poster was asking for an actual law, not offence!

The offences of careless and deangerous driving (and of causing injury or death by CD or DD) can be established respectively by proof of driving below or far below "what would be expected of a competent and careful driver".

The HC is the yardstick used to define a competent and careful driver.

Or not in the case of a cyclist.

Car_54

ChumLee wrote: »

Or not in the case of a cyclist.

A cyclist can be charged with careless or dangerous cycling (Road Traffic Act 1988 sections 29 and 28 respectively) - the defintions are much the same as for C & D driving.

The only other offences with which cyclists can normally be charged are riding on the footpath (Highways Act 1835) and cycling while under the influence of drink and drugs (RTA 1988 s 30).

Speed limits on normal roads do not apply to cyclists, and "furious cycling" appears to have been superseded.

Johno100

Car_54 wrote: »

A cyclist can be charged with careless or dangerous cycling (Road Traffic Act 1988 sections 29 and 28 respectively) - the defintions are much the same as for C & D driving.

And how do the maximum penalties compare?

bazster

Minrich wrote: »

I ride a bike too , i would say 10% of drivers drive past me too close , if i chased after every one who did i would never get anywhere !

Unless one of 'ems going the same place as you, then you might set a new record!

Norman_Castle

bod1467 wrote: »

Really? Not from what I saw. The car was past way before the gap ended (considering the cyclist's speed). That was my initial thought when I first watched the video ... why didn't the cyclist pull over to the left lane?

I've no idea if the driver started the overtake before the gap appeared though - that's not clear from the video.

The cyclist would, as would a motorist, judge for themselves if they needed to pull over based on the size of the gap, the likelyhood of the car passing before the gap ending, the extent of the delay and the opportunity to pass soon afterwards. In this instance there was no interest or intention in waiting to overtake.

The areas at each side of the road are marked for parking. There is no left hand lane.