Road wars

Cycling has enjoyed an explosion of popularity in recent years. Fuel costs and a more health-conscious population has led
to a dramatic increase in those prepared to give up the comfort of their cars and put on cycling gear instead. It is not just for commuting either. Such has been the enthusiasm for the two-wheeled form of transport that it has encouraged many
of us to ride purely for fun. Cycling, though, has brought conflict with traditional road users.

So, where does the law fit
in with this? The press is littered with reports about the ‘antics’
of cyclists towards motorists
or vice versa. You would be forgiven for thinking there is a ‘war’ going on out on our roads. Well, to some extent, there is: conflict prevails, abuse is rife, and misunderstandings abound. As a cyclist myself, I am only too aware of the constant abuse given to cyclists by motorists. However, this conflict, as is so often the case universally, results from of a lack of knowledge and a misunderstanding of what the law actually says.

Highway Code

In all matters concerning road usage, we must start with the Highway Code (HC). Although failure to comply with the rules of the HC will not, in itself, cause a person to be prosecuted, the HC may be used in evidence in any court proceedings under
UK traffic laws. So, does the HC apply equally to both motorists and cyclists? Essentially, yes, although the code does provide additional guidance for cyclists in rules 59 to 82.

The law does not make any distinction between modes
of transport, and each form
of transport is regarded as a ‘carriage’, pursuant to the Highway Act 1835. The definition of a ‘road’ is given as ‘any highway and any other road to which the public has access and includes bridges over which a road passes’ (Road Traffic Act (RTA) 1988, section 192(1)). This includes bridleways, footpaths, and cycle tracks. However, what is very clear is that cyclists have the same responsibilities while on the road as motorists. They have the same duty of care towards others.

Cyclist complaints

A common complaint by motorists is that cyclists should remain on the cycle path – not so, under rule 61 of the HC. Where cycle tracks are available, motorists cannot park on them, with the exception of emergency or essential users (RTA, section 21; Highway Act 1980, section 329). An all too common occurrence is cyclists jumping red lights: this is not permitted under section 36 of the RTA 1988 and regulation 10(1) of the Traffic Signs Regulations 2002.

If you think it is all right to drink and cycle, think again. Drink-driving laws specifically state you must be in charge of a ‘mechanically propelled’ vehicle; a cycle is not mechanically propelled. However, section 30 of the RTA 1988 says: ‘It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs.’ This carries a maximum penalty of £2,500.
In the same way, cyclists cannot be stopped for speeding but they can be fined for ‘cycling furiously’ under the Town
Police Clauses Act 1847. More seriously, they could face a term of imprisonment of up to two years if they cause bodily harm to any person while speeding (section 58, Criminal Justice
Act 1948).

Another contentious issue
is the use of mobile telephones while cycling. Surprisingly, this
is allowed. Under the Road Vehicles (Construction and Use) Regulations, amended in 2003,
it is only illegal to drive a ‘motor vehicle’ while using a mobile telephone. However, it is still possible for cyclists to be stopped for an ‘undue care
and attention’-related offence (section 2, RTA 1991).

Can cyclists ride two abreast? There is nothing in the HC to say that you cannot. However, you are obliged to be considerate
to other road users. The same applies to the wearing of helmets. Although sensible,
the law does not compel cyclists to do so. Some cyclists have resorted to using helmet cameras and evidence from them is admissible in court in
the same way as CCTV footage.

And, how many times have you seen cycles without lights? Cycles ridden at night require front and rear lighting, steady or flashing, and must have a rear reflector, under the Road Vehicles Lighting Regulations, amended in 2009.

Cyclists can make a claim against motorists in the same way that motorists can, providing, on the balance of probabilities,
they can satisfy the tests for negligence. If the motorist is uninsured, then a claim can be made against the Motor Insurers’ Bureau.

It is perhaps understandable, given the length and breadth of legislation in this area, that the general public could be so confused regarding their rights. The rules, regulations, and definitions are far from clear.
For the moment, the daily conflict continues while we wait for the legislator to provide clarity and understanding in this very confusing area of law. SJ

Adrian Mason has spent 15 years in legal education specialising in civil litigation

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