header-logo header-logo

17 November 2017 / Alec Samuels
Issue: 7770 / Categories: Features , Profession
printer mail-detail

Protecting the pedestrian

nlj_7770_samuels

Alec Samuels addresses an irresponsible minority & lays down the law for safer pavements

The pedestrian on the footway needs protection from the unlawful or irresponsible cyclist and mobility scooter driver. The pedestrian has been intimidated, knocked down and injured. The pedestrian may be a child, an old person, a disabled person, indeed anybody. Abuse of the footway is rife, albeit by a minority of irresponsible people.

Careless cycling is an offence (Road Traffic Act 1988 s 29, penalty level 3 fine), and dangerous cycling is an offence (Road Traffic Act 1988 s 28, penalty level 4 fine). Doing or causing to be done bodily harm by wanton or furious driving of any carriage (which includes cycle) is an offence (Offences Against the Person Act 1861 s 35, penalty maximum two years).

Charlie Alliston who caused the death of a pedestrian on the carriageway by wanton or furious driving of an unroadworthy cycle was convicted not of manslaughter but of the Offences Against the Person Act 1861, and sentenced in September 2017 to 18 months imprisonment.

The unlawfulness of cycling on the footway should be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll