Having written to my Westminster MP about Fairness and liability on the roads and received a reply that justice is devolved to the jurisdiction of the Scottish Parliament. I decided to follow up with a similar letter to my MSPs. So far I have had a number of replies, mostly along the lines of “I will forward the matter to my colleague Keith Brown, Minister for Transport, for his consideration” and one “I have written to the Minister for Justice asking him to respond”. So far I have had response from neither Keith Brown or Kenny MacAskill, and I am not holding my breath in anticipation a response either. There were a couple of MSPs who didn’t bother to reply, so I won’t bother voting for them come May.

The most interesting reply so far has come from Robin Harper MSP (Scottish Green Party), he has suggested that I to lodge a petition with the Petitions Committee of the Scottish Parliament. This is something which I intend to look in to doing. Robin also suggested that this was something he would like to include in the Green Party manifesto. Well, Robin, if you are reading this, here are a few more manifesto suggestions

Addendum: Following my reply to Amoeba (see comments below), I noticed that in the Cycling Action Plan for Scotland has the following statement under the section labeled “Legal Powers“:

Liability Issues

In most Western European countries, the liability in any collision involving a motor vehicle and a cycle (or a pedestrian) lies with the driver of the vehicle, other than in the case of an adult cyclist who is shown to have been responsible for the accident. In the UK, this is not the case. As the majority of cycling accidents involve a motor vehicle, and given the vulnerability of cyclists and pedestrians, the Scottish Government will undertake to explore a “Hierarchy of Care for Road Users”. This consultation document is asking whether the liability should always lie with the vehicle driver, until proven otherwise.

Liability and insurance issues are a UK wide matter and if feedback from this consultation document highlighted a public desire to research this area further, the Scottish Government would undertake to write to the UK Government about this.

So there is some recognition that there is a problem, but there is a need to stiffen backbone of our elected representatives and push them to actually do something about it! I urge to to contact your elected representative and encourage them to stop being so spineless and do the right thing.

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