#presumedliability

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CAPS 2010 - ACTION 12

To undertake a legislative search to reveal the operation of liability Laws and how they work in other countries in

Europe and around the World, and whether there is robust evidence of a direct link to levels of cycling and

KSIs.

CAPS 2010 – OUTCOME 12

A comprehensive report on liability laws and how they affect cycling

CAPS 2010 – ACTION 13

To try and identify what kind of hierarchy, if any, might be established and develop an educational awareness campaign

for all road users.

CAPS Refresh 2013

“The available data does not supply robust evidence of a direct causal link between SL legislation to levels of cycling and KSIs when countries like the UK are clearly reducing fatalities in cyclists.”

Transport Scotland carried out a desk based review looking at the basic impact of strict liability legislation in a number of European Countries

and concluded that…

"Although I am supportive of nearly all the statements that are made in the motion, I cannot support it in its current form, given the lack of robust evidence that stricter liability could have positive benefits for vulnerable road users. However, there will continue to be debate on the issue, in which we will continue to participate."

RoadShare.co.uk

Strict?Stricter?

Presumed?

History Lesson

“where a person is held responsible not for his failure to display the diligence of a reasonable man, but because he is in control of a source of danger to other people’s lives, health or property”

British Sense of Fair Play

“In the present state of motor traffic, I am persuaded that any civilized system of lawshould require, as a matter of principle, that the person who uses this dangerousinstrument on the roads – dealing death and destruction all round – should be liableto make compensation to anyone who is killed or injured in consequence of the useof it. There should be liability without proof of fault. To require an injured person toprove fault results in the gravest injustice to many innocent persons who have no thewherewithal to prove it” – Lord Denning, 1982.

The Proposal

Case Study - France

“In France as you know, insurers now support the ‘Loi Badinter’because it has given high protection to vulnerable road users. Atthe FFSA, we believe that it has had a positive effect because thelaw is a law of indemnisation rather than liability. Consequently,vulnerable road users are very quickly indemnified without goingthrough the Court… So, in fact, after the implementation of the law,the road traffic accidents decreased. This is why insurers supportthese safety programmes.”

Elisabeth Le Cheaulier at the FFSA

Loi Badinter – lost in translation

Fatality rate for cyclists fell by 66% between 1990 and 2012 (Source OECD)

Fairer and swifter

"Fell off my bike today in a way which would have me laughing at myself if it had not been caused by a motorist. If you were driving a wee dark red car with registration beginning SY07 up the Dallas road this morning I would like a word with you!"

Benefits

#SNP14

Sign online petition at

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Culture of Road Share

#presumedliability

RoadShare.co.uk

Brenda.mitchell@cyclelawscotland.co.uk