Roads: Motorists and Cyclists

Lord Davies of Oldham Excerpts

Wednesday 7th March 2012 Lords Chamber

[Lord Davies of Oldham]

My Lords, I congratulate the noble Lord, Lord Glentoran, on securing this debate and on introducing it in such a clear way. He is of course right to say there are mutual responsibilities because a cyclist and a motorist share some rare space. Transport makes enormous demands upon space in this crowded island, and we all know that our roads are increasingly crowded, particularly in our great cities. Inevitably, a great deal of this debate has reflected the problems of London in particular.

We should therefore appreciate that cyclists of course have obligations. The noble and learned Lord, Lord Scott, indicated their legal obligations that we all know well. He also said that he shaded a little on legal obligations regarding the red light—and I understand the particular demands of two-wheeled traffic. In fact, one of the problems that cyclists face is that far too few motorists have experienced using two wheels and the difficulty there is in balancing a bike and manoeuvring it in limited space.

Cyclists clearly have obligations, certainly when it comes to pedestrians. They need to take the same care with regard to pedestrians crossing roads as those driving motor vehicles are expected to do. Where cyclists break the law by going on pavements, they have a real obligation. It is better that they do not break the law, but we all know the temptation when the so-called cycle lane seems rather more hazardous than normal road space. That can be the case when sunken drains are in the cycle lane and all sorts of other dangers occur, so cyclists are tempted to go on pavements. Their social obligation there is clear, but cyclists cause a very small percentage of accidents.

This debate should highlight public concern about the number of serious accidents to cyclists in recent months. I do not want to exaggerate the matter. We should recognise that our road safety record compares well with other countries, but we should also recognise incipient dangers. Several of them are clear.

One is that large heavy goods vehicles have caused death to our fellow citizens in recent months because the drivers of those vehicles were unaware of the cyclist on their nearside. We need to address that issue. It can be solved by better mirrors for drivers, so that they are more acutely aware of what is on their nearside. It can also be helped by guard rails, which prevent the cyclist, if knocked off the bike by the vehicle, from falling under the wheels, where death or serious injury is almost certain. Is the Minister considering legislation for heavy goods vehicles in view of the recent tragedies from collisions with cyclists?

Secondly, the noble and learned Lord, Lord Scott, raised his problem with traffic lights. We probably need extra consideration for cyclists at traffic lights. We do that for pedestrians, as we need to in crowded circumstances, where we have crossing lights for pedestrians. We probably need a signal which gives cyclists a pre-emptive start on the rest of the traffic to give them the opportunity to move safely. I know that that will not be universally popular, because we all know that traffic lights slow down traffic, and London traffic is still not going much more quickly than it did a century ago. Nevertheless, safety is important.

I should like the Minister to respond to the point raised by my noble friend Lord Haskel and the noble Lord, Lord Taverne. It shadows what happens at sea, where responsibility is placed on power to take care of sail. In the same way, it seems to me, motor vehicles ought to take greater responsibility than people who are pedalling cycles. If an accident occurs, there should be a presumption that it is for the motorist to be answerable.

[Earl Attlee]

My Lords, I am grateful to my noble friend Lord Glentoran for introducing this important subject for debate and for the clear way in which he did so. There are two camps in this debate; however, there is no doubt that all noble Lords are concerned about the safety of all vulnerable road users, so that cyclists are safe and that they do not endanger others.

The commendable Cities Fit for Cycling campaign has been spearheaded by the Times newspaper. Its campaign is in response to the tragic accident involving Mary Bowers. I understand that not only was she such a good reporter that she was on the staff of the Times but that she has undertaken highly commendable aid work in Africa. I am sure that we all hope and pray that she can make a recovery.

My noble friend referred to the mayor’s cycling strategy, which is entirely consistent with the coalition Government’s policies. All road accidents are tragedies that strike hard and without warning, so the Government, like our predecessor, are working hard to make highways safer for everyone. In answer to the noble Viscount, Lord Craigavon, since at least 1997 the UK Government have been strongly pro-cycling. For instance, many cyclist fatalities involve large vehicles, so to make cycling safer in our cities and towns we have recently given councils in England the power to install Trixi mirrors at junctions so that HGV drivers can see more at blind spots.

The noble Lord, Lord Davies of Oldham, raised the issue of visibility and sensors. We are leading discussions at a European level to further improve standards for HGVs to help to reduce accidents caused by poor visibility. We also welcome initiatives such as the Exchanging Places events, at which you can sit in a lorry cab and watch for a police cyclist riding up on the left of the vehicle. This gives you an idea of what the lorry driver can see.

The noble Lord, Lord Davies of Oldham, also asked about side guards on HGVs. Most HGVs already have to have side guards, but the noble Lord will be aware that there are some exemptions, particularly construction vehicles, and they have been disproportionately involved in these tragic accidents. Over time, we should see fewer new vehicles without side guards. New European rules that are currently being phased in are stricter than existing GB rules and should reduce the current fairly long list of exemptions from the fitment of side guards, as well as limit exemptions to vehicles where fitting side guards is difficult or impossible.

We are also considering how to make motorists more aware of the needs of cyclists and are looking at how to incorporate more cyclist awareness in the driver certificate of professional competence for drivers of large vehicles.

The noble Viscount, Lord Craigavon, advised caution on 20 mile per hour speed limits. Reducing traffic speeds can make our roads safer for everyone and make streets more pleasant places for both cyclists and pedestrians. We are supportive of local authorities adopting a 20 mile per hour speed limit, particularly in residential areas, and have relaxed regulations to enable these to be introduced with less bureaucracy. It is for local authorities to determine their suitability for introduction.

We have also committed £11 million per year for the remainder of this Parliament for Bikeability training to help a new generation of cyclists to gain the skills they need to cycle safely. Bikeability is not just for children; it is for adults too, and some local authorities provide free or subsidised training.

My noble friend Lord Glentoran talked about driver testing. We are committed to further improving the safety of young drivers. Young people ought to learn how to handle risks before taking the driving test. We want a driver training and testing system that ensures that learner drivers have the knowledge, skills and, most importantly, the attitude to be safe and responsible on our roads before a full licence is granted and that encourages continued training afterwards.

I am also well aware that your Lordships are very concerned that all users of the highway should abide by traffic laws. Indeed, I have recently answered Oral Questions about cyclists riding on pavements and going through red lights. Cyclists injure other road users less frequently than do motorists. However, it is important for cyclists to comply with road traffic laws for their own and others’ safety and to help to build respect between the different groups of people using our roads. I fully understand the points made by my noble friend Lady Sharples and the noble Lord, Lord Wills. The noble Lord talked about the problem of the underreporting of accidents. It can be difficult to measure cycling accidents, particularly cyclist-only accidents.

The offences of careless and dangerous driving are applicable to drivers of motor vehicles. For cyclists, there is a similar legal framework, including offences of dangerous cycling, careless and inconsiderate cycling, and cycling under the influence of drink or drugs. Noble Lords will be aware that enforcement in relation to cycling offences is an operational matter for the police. They have at their disposal a variety of sanctions, including the use of fixed penalty notices for some offences, such as cycling on the pavement. Fixed penalty notices can be issued to people aged over 16. In answer to the noble Lord, Lord Wills, the most effective deterrent is the probability of sanctions being applied rather than their levels. There is also the problem of some cyclists being ignorant of the law.

The police acknowledge that many cyclists, particularly children and young people, are afraid to cycle on some roads. This is one reason why, at times, they use their discretion and enforce the offence of cycling on the pavement using verbal warnings. Police and crime commissioners, being elected later this year, will set the strategic direction and accountability for local policing. They can represent public concerns, for example about roads policing, and instigate change locally.

Cycling has many benefits, as pointed out by my noble friend Lord Taverne and the noble and learned Lord, Lord Scott of Foscote. Research suggests that for each life lost through a cycling accident, approximately 20 lives will be extended by the health benefits of cycling. As well as the health benefits, cyclists offer other benefits when they replace vehicle trips, and these include reducing carbon emissions, improving air quality, and reducing congestion. My noble friend Lord Taverne has done the House a great service by explaining the benefits so well.

Last September, my colleague Norman Baker chaired the inaugural Cycling Stakeholder Forum. The forum was set up to gather together expert stakeholders who share our goal of increasing cycling. The group is currently looking at the links with health and how to tackle both the real and perceived risks of cycling. I believe that the next meeting is due on 20 March.

The noble Earl, Lord Clancarty, and the noble Lord, Lord Haskel, talked about shared spaces. New guidance to help local authorities to design high-quality shared space schemes was published by the Transport Minister Norman Baker last year. The local transport note on shared space has been developed to assist local authorities that want to put in place well designed shared space schemes. The guidance places particular emphasis on engagement with the local community and on inclusive design, where the needs of a diverse range of people, including people with disabilities, are properly considered at all stages of the development process.

On top of the integrated transport block funding, we are also providing £560 million to local authorities through the local sustainable transport fund to support packages of measures that deliver economic growth and cut carbon: 38 out of the 39 successful bids announced last July included a cycling element. The Government will announce decisions on tranche 2 and large project bids later this year. Last month the Government announced a further £15 million of funding for new cycle infrastructure: £7 million will go to improving facilities at stations for cyclists and £8 million will go to Sustrans to provide better local links by creating new off-road cycle paths or shared-use paths.

My noble friend Lord Glentoran talked about insurance, as did my noble friend Lady Sharples. The Government have no plans to make insurance compulsory for cyclists. We encourage all cyclists to take out some form of insurance, and many do through cycling organisations, such as CTC, which provide it with membership, or through their household insurance. The absence of insurance does not prevent a cyclist from being liable for their actions. The police, and ultimately the courts, will take into account all the circumstances of any incident and judge accordingly.

My noble friend Lord Glentoran mentioned the need for high-visibility clothing. We want to encourage all cyclists to wear high-visibility clothing to help them to stay safe while riding and to make them more conspicuous to other road users. However, to make it a legal requirement would, in certain circumstances, discourage cyclists and many noble Lords have recognised the dangers.

My noble friend Lady Sharples talked about helmets. We want to encourage cyclists, especially children, to wear helmets to protect them if they have a collision. However, we believe that it should be a matter of individual choice, rather than a matter of imposing additional regulations that will be difficult to enforce and, again, could discourage cycling.

The noble Lord, Lord Haskel, and others raised the issue of strict liability. In English civil law, the principle of civil liability in motor insurance is predicated on the establishment of fault. In order to prove fault, it is necessary to prove that the defendant’s actions caused the accident and were either negligent or intentional. We have had the benefit of advice from the noble and learned Lord, Lord Scott of Foscote, which has saved me the effort of straying outside my area of expertise.

[Lord Davies of Oldham]

I am grateful to the Minister for allowing me to intervene, because I realise the constraints of time. He will know that in Holland and Denmark, which have been cited in this debate, the presumption of responsibility for the accident lies with the powered vehicle. That issue was raised by several noble Lords and I sought to emphasise it, too. Have the Government considered that matter?

[Earl Attlee]

My Lords, we have considered it, but it would be a little odd to have a completely different legal system just for cycles. There are serious complexities here that in my opinion are insurmountable.

The noble Viscount, Lord Craigavon, talked about advanced stop lines. There appears to be some misunderstanding about the law. It is essential that all motorists read the Highway Code to avoid inadvertently committing an offence and therefore being prosecuted by the police.

If I have missed any vital point, I will of course write to noble Lords. In conclusion, I can assure the House that we are committed both to promoting cycling and to improving road safety for all road users, including cyclists.