CityCyclingEdinburgh Forum » Commuting

Privat Prosecution in England

(6 posts)
  • Started 7 years ago by I were right about that saddle
  • Latest reply from Frenchy

  1. I were right about that saddle
    Member

    If failing to see an illuminated cyclist on a well-lit road is not careless driving, and no explanation for that failure is required, that reinforces the arguments Cycling UK has made through our Road Justice Campaign for many years: namely the definition and identification of bad driving offences needs urgent review.

    Posted 7 years ago #

  2. Frenchy
    Member

    Careless driving (driving without due care) occurs when someone's driving "falls below the standard expected of a reasonable, prudent and competent driver."

    Driving into the back of someone is apparently expected of "reasonable, prudent and competent" drivers.

    Posted 7 years ago #

  3. Stickman
    Member

    An account of the evidence presented. Nauseating.

    http://www.cyclinguk.org/blog/duncandollimore/mason-verdict

    Posted 7 years ago #

  4. I were right about that saddle
    Member

    English common law being - as I understand it - driven largely by precedent, does this mean that you can now drive your car into a stranger cycling in dark clothes without a helmet with impunity?

    I mean it would be different if you knew them. Wouldn't it?

    Posted 7 years ago #

  5. stiltskin
    Member

    It's a sad case, but given the police/CPS wouldn't prosecute I think it was always going to be the case that the jury would acquit, no matter what the facts of the incident itself.

    Posted 7 years ago #

  6. Frenchy
    Member

    That report states that the rationale for not seeking charging advice included that:

    1. Mr Mason was wearing dark clothing, the collision having taken place during the hours of darkness;

    2. Mr Mason was not wearing a cycle helmet, the cause of death being head injury;

    3. Whilst there was always debate as to whether Mr Mason was there to be seem, there was no argument as to Ms Purcell’s vehicle being visible;

    4. CCTV corroborated how busy the area in general was, with both motorists and pedestrians;

    5. Mr Mason was displaying lights on his bike, but these lights could have easily be lost to a driver’s sight in a busy London road in the dark where there are numerous other lights displayed.

    Sickening. This is the reason I wear a helmet.

    Posted 7 years ago #

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