Roads: Motorists and Cyclists

Lord Scott of Foscote Excerpts

Wednesday 7th March 2012 Lords Chamber

[Lord Scott of Foscote]

My Lords, I, too, welcome the debate that has been secured by the noble Lord, Lord Glentoran. I have to say that I am in substantial disagreement with some of the remarks made by the noble Lord, Lord Wills.

I start by declaring my interest in and knowledge of bicycling in London. I began working in London in the early 1960s. I used to travel in by train from north Buckinghamshire, have a good journey to Euston and then struggle from Euston to Lincoln’s Inn, by either Tube or bus, each of which was unpleasant and took much longer than it should. Therefore, I began using a bicycle and have used one ever since for the purpose of getting around London. That is now a period of nearly 50 years. On a couple of occasions I have been knocked off my bicycle by cars, although not seriously. The drivers of the cars were enthusiastically remorseful and we parted on good terms. I have never seen a cyclist bang into a pedestrian or a vehicle, and I have never had a cyclist bang into me.

The question for the Government, posed by the noble Lord, relates to the responsibilities of cyclists and motorists. Both have responsibilities in private and public law. The private law responsibilities are that cyclists and motorists alike—and, for that matter, pedestrians—owe a duty of care to all other users of the road that they are using. If there is any breach or alleged breach of that duty by a cyclist, or by a motorist or pedestrian, it is a matter for a judge to resolve. The judge can decide whether the duty of care has been broken and, if so, deal with any damages claim that has arisen from the accident. The law does not need rebalancing; it works perfectly well as it is—so much for private law.

There is also public law, which must be observed by motorists and cyclists. There is, I am afraid, no public law that has to be observed by pedestrians in London, although in some cities abroad pedestrians are required not to cross the road except when the light is green in their favour. As far as I know, there is no such law in this country. However, the law applies to motorists and cyclists alike. They must stop at traffic lights, not go up one-way streets or ride on the pavement, and they must obey speed limits, not that a cyclist is in much of a position to break the speed limit, although many may try. The laws apply to them as they do to motorists.

In my opinion the overriding obligations that cyclists owe to everyone else on the roads are twofold. First, cyclists must do their very best never to bump into a car or be bumped by a car. That means keeping eyes and ears open at all times. Secondly, they must get out of the way of pedestrians wherever the pedestrians may be. Whether the pedestrians are legitimately crossing a road or cyclists are on the pavement with the pedestrians, they must get out of the pedestrians’ way. Those are the two essentials for cyclists in my opinion. If those two essentials are observed, there ought to be no problem and no rebalancing needed.

The enforcement of the public law is, of course, a matter primarily for the police. The police are very sensible about this. As most of them have ridden bicycles themselves in London in their training periods, they know that there are two particular dangers for cyclists. One is at red lights when the cyclist stops as near to the pavement as may be, a vehicle then draws up next to the cyclist, the light turns green and both cyclists and motorists start off at the same time. As I get older I am becoming more aware of the fact that it is almost impossible to start off from a stationary position without some degree of wobble. That is why cyclists try to get ahead of the line of vehicles which have stopped at the red light. They want to start first so that the motorists can see them. I always do that. It means going a few yards ahead of the red light, but no policeman has been silly enough to object to that practice as it is obviously conducive to safety and the avoidance of accidents.

The other danger with which cyclists are presented occurs during the tourist season. Given their experience abroad, foreign tourists naturally expect the traffic to be flowing in the opposite direction from that which applies in this country. Therefore, they step into the road looking to their left for any traffic that is coming instead of looking to their right. If they do that while a cyclist is riding along with a car coming up on one side as well, the cyclist is in a very difficult position. You have to keep your wits about you to avoid banging into these foreign tourists or being banged by the car coming up on your side.

Over the years I have found cycling to and from work in London very enjoyable. One is free of the nuisances of tubes and of buses caught in traffic jams and one is in control of one’s own situation. One arrives at work or at home, depending on the direction in which one is going, a little bit sweaty. That is probably a good thing although one needs to put on a clean shirt when arriving at one’s destination. I would not like to see any government interference with cycling as it operates at the moment. I see plenty of cyclists every day as I go to and fro from my flat in Camden to, formerly, the Royal Courts of Justice and now to this House. Some cyclists go faster than I would go, and I always rather envy them. However, I deprecate the fact that a number of cyclists now ride their bicycles while wearing ear plugs, which enables them to listen to their choice of music. The two things you need when you are on a bicycle are your sight and your ears, so that you can hear what is coming up behind you and you can see what is in front of you. Ear plugs stop you hearing what is coming up behind you. If there was to be any government interference—

[Lord Shutt of Greetland]

The noble and learned Lord has been speaking for seven minutes. Speeches are time limited to four minutes.

[Lord Scott of Foscote]

The clock opposite says five.

[Lord Shutt of Greetland]

I know, but the other one says seven.

[Lord Scott of Foscote]

It has just this moment turned five. I will now sit down. However, I hope to be able to continue cycling, as I have done for the past 40 to 50 years.