by Arthur
Tue Aug 08, 2006 10:40 am
CTC - the UK's national cyclists' organisation
7th August 2006
Cyclist who refused to stay in the gutter loses court case
A cyclist who was prosecuted for obstructing the highway, whilst
cycling in accordance with the National Standard for cycle training,
has today been found guilty by a District Judge in Telford Magistrates
Court and fined ?100 with ?200 costs.
CTC member Daniel Cadden was cycling fast downhill on a single-lane
approach to a roundabout when he was stopped by police who believed
that the position he had taken in the centre of his lane was forcing
cars to cross the solid white line in the centre of the road illegally
in order to overtake. But rather than stop the cars that had broken the
law, the officers decided to charge Daniel Cadden with obstructing the
highway.
Cyclecraft, the book published by The Stationery Office on skilled
riding techniques, states: "The primary riding position (the centre of
one's lane) should be your normal riding position when you can keep up
with traffic, or when you need to prevent following drivers from
passing you dangerously."
CTC Director, Kevin Mayne, said "The police at the scene said that
Daniel should have been cycling well over to the left - effectively in
the gutter - but the judge felt that Daniel should have crossed three
lanes of busy traffic and used a segregated cycle track to save
fractions of seconds off the journey times of a few motorists. CTC
continues to fight a re-draft of the Highway Code, which says cyclists
'should use cycle paths where provided', in order to tackle the
attitude, held by many people in the judiciary, police and public
alike, that cyclists should be out of the way of motorists."
Daniel Cadden was supported in his defence by the Cyclists' Defence
Fund (CDF), the independent charity which was founded by CTC to provide
cyclists with support in legal cases. The CDF paid for John Franklin,
author of 'Cyclecraft', to appear as an expert witness for the defence.
Chair of the CDF, Colin Langdon, said: "This is an extremely
regrettable judgement and I fully expect it to be contestable. Daniel
Cadden clearly needs to take legal advice about the options open to
him. However, this is exactly the sort of case for which the Fund is
always in need of donations, so that we can defend the rights of
cyclists as road users and more generally to raise awareness of
cyclists' position in law."
To donate money to the Cyclists' Defence Fund, go to
www.cyclistsdefencefund.org.uk
Ends
For more information including photography contact CTC Media Officer
Yannick Read 0870 873 0063
Notes to editors
* CTC fears that the re-drafted Highway Code, which states that
cyclists should "use cycle paths where provided" can only increase this
kind of hostile prosecution of cyclists by reinforcing the perception
that cyclists should keep out of the way of motorised traffic. Earlier
this year, over 11,000 cyclists lobbied their MPs for a change to the
new version of the Code, which is due to be published next year.
* CTC is the national organisation for all cyclists in the UK and
Ireland, including children, families, and commuters. CTC has 70,000
members and affiliates and is the oldest and largest cycling body in
the UK. www.ctc.org.uk
* The Cyclists' Defence Fund is an independent registered charity,
originally founded by CTC in 2001. Its formation was prompted by the
claim of insurer Provident against the parents of nine-year-old cyclist
Darren Coombs who was brain damaged when hit by a car. Its aims and
activities have since been widened (see www.cyclistsdefencefund.org.uk
for full details), but its focus is still on issues of cycling and the
law, including support for court actions with the potential to affect
the general position of cyclists or cycling in law.
7th August 2006
Cyclist who refused to stay in the gutter loses court case
A cyclist who was prosecuted for obstructing the highway, whilst
cycling in accordance with the National Standard for cycle training,
has today been found guilty by a District Judge in Telford Magistrates
Court and fined ?100 with ?200 costs.
CTC member Daniel Cadden was cycling fast downhill on a single-lane
approach to a roundabout when he was stopped by police who believed
that the position he had taken in the centre of his lane was forcing
cars to cross the solid white line in the centre of the road illegally
in order to overtake. But rather than stop the cars that had broken the
law, the officers decided to charge Daniel Cadden with obstructing the
highway.
Cyclecraft, the book published by The Stationery Office on skilled
riding techniques, states: "The primary riding position (the centre of
one's lane) should be your normal riding position when you can keep up
with traffic, or when you need to prevent following drivers from
passing you dangerously."
CTC Director, Kevin Mayne, said "The police at the scene said that
Daniel should have been cycling well over to the left - effectively in
the gutter - but the judge felt that Daniel should have crossed three
lanes of busy traffic and used a segregated cycle track to save
fractions of seconds off the journey times of a few motorists. CTC
continues to fight a re-draft of the Highway Code, which says cyclists
'should use cycle paths where provided', in order to tackle the
attitude, held by many people in the judiciary, police and public
alike, that cyclists should be out of the way of motorists."
Daniel Cadden was supported in his defence by the Cyclists' Defence
Fund (CDF), the independent charity which was founded by CTC to provide
cyclists with support in legal cases. The CDF paid for John Franklin,
author of 'Cyclecraft', to appear as an expert witness for the defence.
Chair of the CDF, Colin Langdon, said: "This is an extremely
regrettable judgement and I fully expect it to be contestable. Daniel
Cadden clearly needs to take legal advice about the options open to
him. However, this is exactly the sort of case for which the Fund is
always in need of donations, so that we can defend the rights of
cyclists as road users and more generally to raise awareness of
cyclists' position in law."
To donate money to the Cyclists' Defence Fund, go to
www.cyclistsdefencefund.org.uk
Ends
For more information including photography contact CTC Media Officer
Yannick Read 0870 873 0063
Notes to editors
* CTC fears that the re-drafted Highway Code, which states that
cyclists should "use cycle paths where provided" can only increase this
kind of hostile prosecution of cyclists by reinforcing the perception
that cyclists should keep out of the way of motorised traffic. Earlier
this year, over 11,000 cyclists lobbied their MPs for a change to the
new version of the Code, which is due to be published next year.
* CTC is the national organisation for all cyclists in the UK and
Ireland, including children, families, and commuters. CTC has 70,000
members and affiliates and is the oldest and largest cycling body in
the UK. www.ctc.org.uk
* The Cyclists' Defence Fund is an independent registered charity,
originally founded by CTC in 2001. Its formation was prompted by the
claim of insurer Provident against the parents of nine-year-old cyclist
Darren Coombs who was brain damaged when hit by a car. Its aims and
activities have since been widened (see www.cyclistsdefencefund.org.uk
for full details), but its focus is still on issues of cycling and the
law, including support for court actions with the potential to affect
the general position of cyclists or cycling in law.