Section 141 Dangerous, careless or inconsiderate cyclingI1

The Road Traffic Act 1988 is amended as set out in subsections (2) to (6) .

Before section 28 (dangerous cycling) insert—

“Causing death by dangerous cycling

27A

A person who causes the death of another person by riding a cycle dangerously on a road or other public place is guilty of an offence.

Causing serious injury by dangerous cycling

27B

(1)

A person who causes serious injury to another person by riding a cycle dangerously on a road or other public place is guilty of an offence.

(2)

In this section “serious injury” means—

(a)

in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b)

in Scotland, severe physical injury.”

In section 28—

After section 28 insert—

“Meaning of “dangerous cycling”

28A

(1)

This section applies for the purposes of sections 27A, 27B and 28.

(2)

A person is to be regarded as riding dangerously if (and only if) the condition in subsection (3) or (4) is met.

(3)

The condition in this subsection is met if—

(a)

the way that the person rides falls far below what would be expected of a competent and careful cyclist, and

(b)

it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(4)

The condition in this subsection is met if it would be obvious to a competent and careful cyclist that riding the cycle in its current state would be dangerous.

(5)

In determining the state of a cycle for the purposes of subsection (4), regard may be had (among other things) to—

(a)

whether the cycle is equipped and maintained in accordance with regulations under section 81 (regulation of brakes, bells etc, on pedal cycles);

(b)

anything attached to or carried on the cycle and the manner in which it is attached or carried.

(6)

In determining what would be expected of, or obvious to, a competent and careful cyclist in a particular case, regard is to be had both to—

(a)

the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and

(b)

the circumstances shown to have been within the knowledge of the accused.

(7)

References in this section to something being “dangerous” are references to it resulting in danger of—

(a)

injury to any person, or

(b)

serious damage to property.

Causing death by careless, or inconsiderate, cycling

28B

A person who causes the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

Causing serious injury by careless, or inconsiderate, cycling

28C

(1)

A person who causes serious injury to another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

(2)

In this section “serious injury” means—

(a)

in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b)

in Scotland, severe physical injury.”

In section 29 (careless, and inconsiderate, cycling)—

After section 29 insert—

“Meaning of careless, or inconsiderate, cycling

29A

(1)

This section applies for the purposes of sections 28B, 28C and 29.

(2)

A person is to be regarded as cycling without due care and attention if (and only if) the way the person cycles falls below what would be expected of a competent and careful cyclist.

(3)

In determining what would be expected of a competent and careful cyclist in a particular case, regard is to be had both to—

(a)

the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and

(b)

the circumstances shown to have been within the knowledge of the accused.

(4)

A person (A) is to be regarded as cycling without reasonable consideration for other persons only if those persons are inconvenienced by A’s cycling.”

The Road Traffic Offenders Act 1988 is amended as set out in subsections (8) to (12).

In section 23 (alternative verdicts in Scotland)—

In section 24 (alternative verdicts: general)—

The table in Part 1 of Schedule 2 (prosecution and punishment of offences) is amended as follows.

After the entry relating to “RTA section 27” insert in columns 1 to 4—

“

RTA section 27A	Causing death by dangerous cycling.	On indictment.	Imprisonment for life.
RTA section 27B	Causing serious injury by dangerous cycling.	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 5 years or a fine or both.

”

After the entry relating to “RTA section 28” insert in columns 1 to 4—

“

RTA section 28B	Causing death by careless or inconsiderate cycling.	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 5 years or a fine or both.
RTA section 28C	Causing serious injury by careless or inconsiderate cycling	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 2 years or a fine or both.

”

The following provisions are amended as follows—