The case for Stricter liability - Parliamentary Reception Dec 2014

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Brenda Mitchell, founder of Cycle Law Scotland and the Road Share Campaign presents the case for Stricter (Presumed) Liability in Civil Law claims following a road traffic collision involving a motor vehicle and a cyclist or a cyclist and a pedestrian.

Transcript of The case for Stricter liability - Parliamentary Reception Dec 2014

#stricterliability#roadsharereception

What we are proposing

Benefits

CAPS 2010 ACTION 12

To undertake a legislative search to reveal the operation of liabilityLaws 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

To undertake a legislative search to reveal the operation of liabilityLaws 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.

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 2010 – OUTCOME 13

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

for all road users.

A reduction in the rate of cyclist KSIs

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…

"In virtually every collision between a car and vulnerable road user, it will be the pedestrian or the cyclist who is injured. I fail to see how anyone who accepts that cyclists have an equal right to be on our roads cannot support the introduction of legal safeguards that address the imbalance.”

John Lamont MSP

"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."

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