Strict Liability

Part of the debate – in the Scottish Parliament at on 29 October 2013.

Alert me about debates like this

Photo of Graeme Dey Graeme Dey Scottish National Party

I take the member’s point, but the starting position is a presumption that the driver is in the wrong. I raised that very point with Cycle Law Scotland, which told me that it recognises that a cyclist might be negligent, but it would be up to the motorist to argue that point. I was told that in the case of young or elderly cyclists or pedestrians, the driver would need to establish a degree of recklessness on the part of the injured party. I am not quite sure how that sits in terms of natural justice.

If we are to accept that what the petition calls for is justified, we must believe that cyclists are rarely, if ever, at fault in traffic accidents, when the reality is that the behaviour of cyclists on our roads often leaves much to be desired, just as the behaviour of drivers does. In the course of the past few weeks, for example, on London Road, just a short distance from here, I have twice witnessed a cyclist jumping off the road and on to the pavement to get round a queue of traffic, before diving back on to the carriageway in front of moving vehicles.

Unlike Cycle Law Scotland, however, I do not deem it appropriate to tar one group of road users with the same brush. If we are to get more people cycling safely on our roads, we need to create a culture of respect among the people who use the roads, in which everyone is required to behave responsibly and everyone is held equally to account when they cause injury or damage through carelessness.

I agree with Alison Johnstone that a jigsaw of measures is required to get us to that point. We must take a balanced approach. Measures might include the introduction of a cycling proficiency examination that cyclists of all ages must pass before they take to the roads, and, as Christine Grahame said, a requirement for cyclists to carry third-party liability insurance to cover damage that they are found to be responsible for inflicting on vehicles and pedestrians.

There is a considered debate to be had on the issue. This afternoon’s good debate has kicked that off and I look forward to its continuation.