Cyclists face 14-year jail threat under new powers to treat them like drivers

The UK Government is set to introduce new legislation - including sentences up to 14 years in prison - that will hold cyclists accountable for causing death or serious injury through dangerous or careless cycling. This move would align the penalties for such offences with those applicable to drivers and motorcyclists.

The proposed 'offence of causing death by dangerous, careless or inconsiderate cycling, and causing serious injury by careless or inconsiderate cycling' is being introduced as an amendment to the Criminal Justice Bill. The amendment was backed by the House of Commons and will be further debated in the House of Lords.

Under the new law, cyclists who cause death through dangerous cycling could face up to 14 years in prison. Transport Secretary Mark Harper stated that this legislation is necessary to protect pedestrians and other road users from reckless cyclists.

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He also acknowledged the efforts of Sir Iain Duncan Smith MP and campaigners who have advocated for this change. The proposed legislation has been met with mixed reactions.

Some cycling groups have expressed concerns that it could lead to increased harassment of cyclists. However, the government maintains that the new law is necessary to ensure safety on the roads.

Present legislation for cyclists who cause severe injury or death due to reckless riding only allows prosecution under an age-old law pertaining to wanton and furious riding, originally enacted within the context of horses and carriages. The suggestion of a new directive has been laid out by Sir Iain Duncan Smith (Chingford and Woodford Green), sanctioned by the government and is currently progressing through Parliament incorporated within the Criminal Justice Bill, seeking establishment as a law.

Introducing the need for this law, the former head of the Conservative Party, Sir Iain told MPs that it was "urgent". He explained in his statement to the house: "This is not, as is often accused by people who say anything about it, anti-cycling. Quite the opposite, it's about making sure this takes place in a safe and reasonable manner."

The case of Matthew Briggs, whose wife Kim tragically passed away at 44 after being struck by a cyclist on Old Street in east London, was raised by Sir Iain. The individual responsible, riding a fixed-gear bike without any front brakes, was incarcerated for 18 months after being convicted at the Old Bailey of "wanton or furious driving" - a charge rooted in the archaic 1861 Offences Against The Person Act.

Sir Iain remarked: "(Mr Briggs') attempt to get a cyclist prosecuted after his wife was killed in central London in 2016 involved a legal process that was so convoluted and difficult even the presiding judge has said afterwards, since she's retired, that this made a mockery and therefore it needed to be addressed, that the laws do not cover what happened to his wife and is happening to lots of other people."

Describing the focus of the amendment, he said: "The amendment, I believe, will achieve equal accountability, just as drivers are held accountable for dangerous driving that results in death, cyclists I think should face similar consequences for reckless behaviour that leads to fatalities."

In response to the acceptance of the amendment, Transport Secretary Mark Harper remarked: "Most cyclists, like most drivers, are responsible and considerate. But it's only right that the tiny minority who recklessly disregard others face the full weight of the law for doing so."

He continued: "Just like car drivers who flout the law, we are backing this legislation introducing new offences around dangerous cycling. These new measures will help protect law-abiding cyclists, pedestrians and other road users, whilst ensuring justice is done."

Presently, the Road Traffic Act identifies dangerous riding practices, which spans acting in a manner which "falls far below what would be expected of a competent and careful cyclist" and where it "would be obvious to a competent and careful cyclist that riding in that way would be dangerous". The proposed adjustment to the law would necessitate cyclists to keep their vehicles "is equipped and maintained" in compliance with law. This includes maintaining brakes in proper working condition.

The ruling would apply to instances involving pedal cycles, e-bikes, e-scooters and e-unicycles. Creating death or severe injury by hazardous, thoughtless or tactless driving are presently considered offences. However, the vehicle involved must be "mechanically propelled".

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