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17 November 2017 / Alec Samuels
Issue: 7770 / Categories: Features , Profession
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Protecting the pedestrian

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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

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