In the past I have written a number of posts about Strict Liability, It is something which I strongly feel is important as evidence from cycling groups on the Continent show stricter liability to be an integral part of cycle safety, increasing mutual respect between motorists, cyclists and pedestrians. The UK is only one of a small number of EU countries, along with Cyprus, Malta, Romania and Ireland that does not operate a Strict Liability system for road users.

In 1982 Lord Denning stated that:

In the present state of motor traffic, I am persuaded the any civilized system of law should require, as a matter of principal, that the person who uses this dangerous instrument on the road – dealing death and destruction all round – should be liable to make compensation to anyone who is killed or injured in consequence of the use of it. There should be liability without proof of fault.

To require an injured person to prove fault results in the gravest injustice to many innocent persons who have not the wherewithal to prove it.

 

Thirty two years on this state of injustice remains on our roads, it is time for change!

Below is a press release sent on behalf of the Road Share Campaign for presumed liability, if you would like to show your support for introducing a member’s bill for presumed liability between motorists,cyclists and pedestrians please sign this petition.

New research says cycling is not dangerous; a minority of bad drivers are responsible for road traffic collisions.
 
Commissioned by Cycle Law Scotland (CLS), the legal firm behind the Road Share campaign for presumed liability on Scotland’s roads, the research compares case data with publicly available statistics to provide a greater understanding of the causes and severity of road traffic collisions.
 
CLS then asked its own community of cyclists about their own ‘near misses’ to help paint a clearer picture of cycling on today’s roads.
 
The research found that out of the 151 cases handled by CLS between June 2011 and August 2013, incidents were dominated by drivers’ incompetent turning manoeuvres. Almost half of the incidents were due to drivers turning off the road of travel, or pulling on to it, or U-turning. If roundabouts are added, the proportion rises to 61% of the CLS incidents. Further analysis of statistics from the Department of Transport (DfT) and City of Edinburgh Council revealed very similar patterns.
 
Cyclist actions were a minority factor making up about a third of the DfT study of urban casualties and less than a fifth in the data available from Transport Scotland.

According to official figures released by Transport Scotland, in 2012, there were 9 deaths, 167 serious injuries and 901 total accidents involving pedal cyclists.
 
Malcolm Wardlaw, who carried out the analysis of the all the data available concluded that the main risk of collision is at junction, at least on urban roads. At junctions, vehicles turning off the road of travel are just as much a risk as those pulling out from side roads.
 
The evening rush hour period incurs a higher risk to cyclists than the morning peak period.

He said:

Whilst most drivers are safe and courteous, one of the striking observations that can be drawn from the CLS and public data available is that most cyclist casualties in road traffic collisions are due to errors by drivers. Cyclists are primarily the victims of bad driving and inflict negligible harm on others.

 

Founder of Cycle Law Scotland, Brenda Mitchell has 25 years’ experience as a personal injuries lawyer. She said:

We constantly see cases where the driver blames the cyclist, but when it is put to the test, it is bad driving that is to blame. If we seriously want to make Scotland a cycle-friendly nation, we have to start by understanding that good driving standards are fundamental.
 
My strongly held belief is that if we introduce a system of presumed liability in civil law, drivers will change their mindset towards cyclists on the road.

 

Concerned by the findings, Cycle Law Scotland carried out a survey of cyclists experiencing “near misses”.
 
Its research found that of the 137 people questioned in December 2013, 70% reported having experienced a ‘near miss’ within the previous four weeks.
 
The most common scenario was found to have occurred when a vehicle passed too close and clipped the bike. Once again, the most ‘at risk’ period was the evening rush hour and on roads where the speed limit is below 30mph, with junctions and roundabouts highlighted as particular blackspots.
 
Brenda adds:

I am concerned that the degree of danger facing cyclists on Scotland’s roads is not sufficiently understood. Bad drivers are the exception, but they can cause serious injury.
 
I am a massive supporter of cycling and want the right safety measures put in place. But while we don’t have – or accept – the full picture of cycling conditions and risks on our roads, the safety measures will never be sufficient.

 

So far, more than 5,350 people have signed a petition to see the introduction of presumed liability regime into Scots Civil Law. If adopted, it will mean that following a collision between a motorist and a cyclist or pedestrian, the motorist would be presumed to be liable for injury, damages or loss, unless they can prove otherwise, thereby shifting the burden of proof from the vulnerable (as it is currently) to the powerful.
 
Key findings from Malcolm Wardlaw’s research into CLS and public data:

  • Most cyclist casualties in collisions are due to errors by drivers.
  • he main risk of collision is at junctions, at least on urban roads.
  • 83% of cyclists involved in collisions recorded by Cycle Law Scotland were male. This dataset matches the national profile of cycling participation. The National Travel Survey reports males account for 80% of distance travelled by bicycle in the UK.
  • In 66% of all cases recorded by Cycle Law Scotland’s data the cyclist was wearing a helmet.
  • At junctions, vehicles turning off the road of travel are just as much of a risk to cyclists as those pulling out from side roads.
  • 75% of the accidents recorded took place on roads with a speed limit of 20-30mph.
  • In 35% of Cycle Law Scotland’s cases the cyclist was wearing bright, hi vis, fluorescent, reflective, light, yellow, lights or bright clothing. 32% wore other clothing and 33% recorded no information about their clothing.
  • Cyclists and pedestrians inflict negligible harm on each other.

 

If you would like to show your support for the introduction of a member’s bill for presumed liability between motorists,cyclists and pedestrians, into the Scottish Parliament: please sign this petition

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Today was one of those (supposedly) rare occasions, a sunny bank holiday. By way of celebration we decided to make uses of our Historic Scotland membership and visit one of their properties. One of the great things about living in Edinburgh is that there is so much to do within easy pedalling range, for today’s wee outing we chose Seton Collegiate Church, which we had not visited before.

Rather than join the tin box bampots, who seem to love sitting (fuming) in long stationary lines of traffic, we chose to follow much of the newly opened John Muir Way, mostly along off road paths, listening to the bird song. On reaching Musselburgh, we were please to find that the Electric Bridge was open (it being a race day) ,so we didn’t have the faff of negotiating the barriers at either end of the footbridge. For those confused by this statement, maybe I should give a brief explanation: the Electric Bridge was built in the 1960′s a few hundred metres north of the “New Bridge” built in 1806 (to replace the old bridge built by the Romans on their short holiday in Scotland, c. AD 71 to AD 213). The Electric Bridge was built was to allow transport of the turbines to Cockenzie power station. Having used it once and installed the turbines the Central Electricity Generation Board (CEGB) then offered the bridge to the Town Council for a nominal sum, but the offer was declined. As a result, gates were installed and the bridge is only opened on race days to allow access to the local racecourse. However, with the recent closure of Cockenzie power station (in March 2013), there is uncertainty about the future of the Electric Bridge.

The River Esk safely crossed, we headed down stream to the confluence of the Esk and the Forth, where we paused to look back to Edinburgh and take a few photos (note today I only had my phone with me and not the usual SLR).

View from the mouth of the Esk, looking west to Edinburgh

Had I had the SLR with me, I could have zoomed into the National Disgrace on Carlton Hill which was clearly visible. But I hadn’t, so we carried on around the coast past the former ash lagoons, now grassed over, to Prestonpans where we rejoined the road. From Prestonpans through Cockenzie to Port Seton, this was the least pleasant part of the ride, as you have to ride along a busy main road engineered to generate conflict. However, today the majority of motorists were tolerant (I have had bad experiences here in the past). Having survived this, we pulled off the road to look at the map and were passed by a smiling, waving Chris Oliver, AKA the Cycling Surgeon. The first time I met Chris we were viewing an x-ray of my clavicle, but that is another story.

The map consulted, we knew that just before the caravan park there is a wee path running up through the woods to the Seton Collegiate Church. We were greeted by Linda (?) of Historic Scotland who was very friendly and told us to leave our bikes along side her wee hut/office, as there is no cycle parking provided. She then gave us a brief history of the site and suggested the best way to view it, basically go left to the remains of the of priests’ accommodation, then peek over the gate at Seton House Castle (you are not allowed to go in, but peeking over the gate is free), and then enter the church through the west door. History wise, the original church was built in 1242 to serve the parishioners of Seton. Over time it was extended and adapted, it also became the private place of worship and burial vault of the Seton family. In 1470 the 1st Lord Seton introduced a college of priests, whose primary role was to pray for the souls of their benefactor, his wife, and his family. Evidently the Seton family had a lot of sins to atone for, as the “college” consisted of a provost, six priests, a clerk and two choir boys.

Over the years the church suffered damage during the various troubled periods of Scottish history, for instance during the Rough Wooing by the English army under the Earl of Hertford. They looted and stripped the vestments, communion vessels and stole the bells and organ, before setting fire to the timber work. Lady Janet, widow of the 3rd Lord Seton, did her best to repair the damage, demolishing the earlier chapel built by Lady Katherine St Clair (to house the tomb of her late husband, Sir John Seton) and building the present transepts and bell tower. A bell, cast in Holland in 1577, was installed, but the steeple was never completed. The church was further damaged around 1668 during the Scottish Reformation, with a number of the carvings being defaced by a mob of zealous Covenanters. Also at this time its role as a Collegiate Church came to an end, and for a short time it served as the parish church for Seton, until Seton was joined with the parish of Tranent and therefore was no longer needed.

The church finally left the control of the Seton family after the Jacobite Rising of 1715. The Setons were supporters of the Old Pretender (the self-styled James the 3rd and 8th), who caught a cold (or was it man flu) after the Battle of Sheriffmuir and beetled off back to France, leaving it to his son, the Italian coward Young Pretender to carry on the family tradition of romantic (or romanticised) failed rebellions. Anyway, I digress, back to the story, the kirk was desecrated, this time by the Lothian Militia in search of “hidden treasure”. Following this, the estates of the Setons passed to the Earls of Wemyss, who partially restored the kirk and used it as a burial place of deceased members of their family, until 1946 when they gave it to the Scottish people (probably in lieu of death duties). Enough writing, time for a few photos:

The Seton Collegiate Kirk
Seton Collegiate Church

The wee hoose next door
Seton Castle

Some of the Carvings
Carvings at Seton Collegiate Church

Carvings at Seton Collegiate Church

Effigies of an unknown knight and his lady (possibly Sir John Seton and Lady Katherine)
Effigies of an unknown knight and his lady

And a final carving, this one of Lady Janet Seton. If you are wondering about the colours, it is due to the sun coming through the stain glass windows.
Lady Janet Seton, Seton Collegiate Church

The bell. The kirk’s original bell was stolen along with the organ by the English Army in the 1544. This bell was cast for the 5th Lord Seton in 1577 by the Dutch.
Seton Collegiate Church bell

There were an number of Peacock butterflies (Aglais io) flying about the place, and this one dead on the floor
Peacock butterfly (Aglais io)

After an enjoyable hour or so wandering about the place, we decided it was time to head in to Longniddry to find a spot of lunch. Ulli suggested that we should go to the Summer House which has a wee café. The building was gifted to the village of Longniddry as a Reading Room in 1890 by the Countess of Wemyss and March. Its other claim to fame is that the Scottish Women’s Rural Institute held its first meeting there in 1917. There is a seating area outside where it would have been very pleasant to sit in the sun and eat, if it hadn’t been for the traffic noise which blights the village.

We returned to Edinburgh by much the same way as we had come.

On the way back to Edinburgh

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On a day when a man in his 50s has been killed while riding a bicycle in Angus and a 10 year old boy has been airlifted to hospital after being knocked off his bike by a van driver in Aberdeenshire, I feel the need to write about why we need #PoP2014 more than ever.

First off, I should explain that #PoP2014 is short hand for the Pedal on Parliament (PoP) protest ride which will be taking place on the 26th April this year. The first PoP took place in 2012, and when we started planning it we thought that it would be a one-off event, but things didn’t work out that way. When we were planning the 1st PoP, we didn’t think that many people would actually turn up, how wrong we were. We were far from alone at being worried how vulnerable road users are treated and wanting this to change.

The PoP Manifesto takes an evidence based approach, inspired by the idea that a great city is not one that has highways, but one where a child on a tricycle or bicycle can go everywhere safely (Enrique Peñalosa). Active travel is a great idea, as it achieves so many policy objectives: it is clean, it is green, it reduces congestion in towns and cities, it is good for developing the sustainable local economies which much of Scotland needs, and it is healthy. Yet we have a Government which ignores all the evidence, which talks about making Scotland a modern Nordic nation, but then does the opposite. Far from learning from the Nordic Nations, such as Denmark’s green economy and Finland’s turn-around from being the sickest country in Europe (a title Scotland now holds) to being one of the most healthy. Successive Scottish (and British) administrations have treated roads deaths as being something beyond their control and refuse to take simple actions which could reduce the death rate. For this reason we have to stand up and make our voices heard, tell our elected representatives that it DOESN’T have to be this way. There are countries just across the North Sea which show that change is possible, and that this can lead to a better quality of life for all.

Please join us on the 26th April and show you care!

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This evening I saw the first bat of 2014, it was probably Pipistrellus pipistrellus or Pipistrellus pygmaeus (based on previous identifications). Interestingly this sighting is later than in the last two years, it was 26th March 2012 and 30th March 2009. Maybe I haven’t been looking out enough.

I take the bat sighting as a sign of the coming summer, a couple of times recently I thought I heard swifts overhead, but have yet to see any, so I can’t confirm their presence just yet.

Update 19-4-2014: Noticed today the swift calls I have been hearing aren’t actually from swifts, they were from starlings mimicking swifts, which is a new one on me. I have heard starlings mimicking a range of other sounds before, including a car alarm.

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The observant may notice that there is a wee banner saying I proudly support Earth Hour, and as I write it tells me that Earth Hour 2014 will start in 7 hours and 5 days. When Earth Hour arrives, between 20:30 – 21:30 (GMT) 29 March 2014, this blog will look something like this:

Earth Hour preview

Why, you might ask, am I doing this? Well the short answer is that I am joining millions of people across the world are switching off lights for one hour – to celebrate their commitment to the planet.

The longer answer is that it is a reminder that together we can make change happen, and it gives us a chance to think about the small things we can do everyday to help create a brighter future. And change is needed, currently we in the Anthropocene a geological epoch in which the human species is have a greater impact on the plant than any other group of organises since the rise of the cyanobacteria which formed the stromatolite about 3.5 billion years ago. They change the composition of the Earth’s atmosphere, increasing the oxygen levels and so bringing about the rise of multicellular organisms. However, our current impacts is far less benign and could risk bringing about the collapse of the ecosystems which we all rely upon for life. For this reason we need to move to a more sustainable life styles, these need not be any less comfortable than the ones we currently lead, just different we just need to the drive and imagination to move on to the Sustainocene instead.

Remember Earth Hour is not about sitting, shivering in the dark (that is where we are going if we don’t make the change), it is about thinking about how to make the world a better place for all. For this reason I would urge you to sign up to Earth Hour and do the same.

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