Entries tagged with “road safety”.


The UK was first country in the world to require drivers of motor vehicles to have insurance. When the Road Traffic Act (1930) introduced compulsory third-party insurance, it was intended to provide a means of assured compensation for the injured victims of road traffic collisions (then, as now, mostly pedestrians and cyclists).
“However, since then we have created a David v Goliath culture, where the odds are frequently stacked against the vulnerable, who have had the misfortune to have been hit by the driver of a motor vehicle. In many cases, it is impossible for them to claim compensation (to which are fairly and reasonably entitled) without resorting to litigation. This only adds to the distress for those who have been injured through no fault of their own.

We at Road Share think it is right for Scotland to lead the rest of the UK by changing its Civil Law to respect and protect the vulnerable in society by moving to a system of presumed liability. This change will support pedestrians and cyclists injured in road traffic collisions.

All political parties who care about social justice should incorporate the Road Share proposals for presumed liability in their 2016 manifestos. We can no longer sit back and watch our legal system fail the Nation’s pedestrians and cyclists. We need to ensure that fairness to the individual sits at the very heart of our civil legal system. At present, the process for obtaining compensation is heavily weighted against the injured individual who has to take on the might of the driver’s insurance company.
“Presumed Liability would encourage insurance companies to re-evaluate their prospects of success in showing that the injured party has been negligent in some way. This would mean that vulnerable road users would be compensated quickly and fairly, without resort to expensive Court actions. These Court actions affect everyone in terms of cost, time, money and, often for the injured party, a great deal of stress.

The Road Share campaign was initiated to highlight the shortcomings in civil law road traffic liability cases where there seems to be little recognition of the sheer disparity between a motorised vehicle, and walking or cycling regarding the ability to cause serious harm to others. Presumed liability allows for a recognition of who brings most harm to a collision and, thereby, shifts the burden of proof from the vulnerable to those with the potential to cause greater harm. If liability for a collision between a cyclist and motorist falls equally on both parties, or on one party more than the other, this can be accounted for within the framework of Presumed Liability. It is not intended to unfairly blame the party with the greater potential to do harm. Therefore, Presumed Liability offers a fairer and more responsible approach to compensating vulnerable road users while, at the same time, ensuring that reckless cyclists and pedestrians, who are entirely “the author of their own misfortunes” are not compensated. At present, injured vulnerable road users very often face a David v Goliath battle against an insurance company. This must change.

Please show your support for Presumed Liability by signing our online petition.

Kim Harding is a member of the steering group of the Road Share campaign.

The post first appeared in Holyrood, Scotland’s fortnightly political and current affairs magazine that keeps people informed.

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I was at the Cycling Scotland conference and tried to do a bit of live tweeting. Derek MacKay MSP stated in his speech that he prefers not to be photographed in hi-viz, to which I tweeted:

I was rather surprised by the reaction that this sparked off on twitter. Firstly, there was the comment that wearing nice clothes was not going to make the roads safer. But It was a comment that rather missed the point, as neither wearing hi-viz nor a helmet does. To make the roads safer we need to start with a danger reduction approach, which means reducing danger at source. The point of the tweet was to point out that we finally have a transport minster who is not following the Taliban approach to road safety and does not feel that he has to set an example by wearing hi-vis and a helmet to be photographed. Instead, for cycling occasions he is always photographed in normal clothes for press photo shoots, even when some around him choose to do otherwise.

More tweets followed from a number of people, suggesting that I was in some way “anti-Lycra”, and was in some way blaming people in lycra for putting off others. This is where trying to discuss issues on Twitter can get very confused, sometimes it can be very hard to make a nuanced point in 140 characters. My comment above was very much about the use of images and the message which such images can send. There were also comments from other about infrastructure being more important that clothing, but in many ways the two are interlinked.

Why is clothing important in normalising cycling? Ask anyone in the fashion industry and they will tell you that clothes speak volumes about who you are and how you feel. In places where cycling is a normal means of getting from A to B, people just ride in ordinary clothes. They don’t get dressed up to ride a bicycle, unless they are doing so to ride for sport (there is also a misunderstanding about Danish “cycle chic”, Copenhageners don’t dress up to ride a bike, that’s just normal dress for them). In the UK some people seem to believe that it is necessary to dress in a certain way in order to ride a bicycle, for what ever reason. Part of this is to do with something I refer to as the Taliban approach to road safety, the failed idea that making people dress in a particular way makes the roads safer – it doesn’t. Indeed, the promotion of hi-viz and helmets can create a barrier to cycling. Added to this, the motor lobby is always keen to promote the use of hi-viz and helmets, as a means of transferring blame to the victim, and to avoid liability.

Does this mean that we should all start to ride in ordinary clothes as a political statement? No, of course not. There are those who will do so, but for most people the choice of cycle clothing is more about comfort, or more correctly, comfort and fear. Before I moved to Aberdeen I had never felt the need to wear Hi-viz, but in Aberdeen I felt different, it was/is hostile to anyone cycling (or even walking). So I bought a yellow cycling jacket, which made me feel better, but made no real difference to the way I was treated. Drivers still treated me as if they couldn’t see me. Over time, I came to realise that in places like Aberdeen drivers simply don’t look for people cycling, as there are so few. Later I came to realise that bright lights were more effective for being seen in a hostile environment, but not a solution. Like bright clothing, they are a survival mechanism (the real solution is to change the road environment).

In places where there are more cyclists (and pedestrians), drivers are more likely to look out for those more vulnerable road users. However, that doesn’t automatically lead to greater safety or a feeling of safety, you only have to look at images from London to see that there is plenty of fear there. There is a flaw in the “safety in numbers” theory, the death rate on UK roads per Km walked or cycled is higher than in many other parts of Europe. In places where cycling is common, it is infrastructure and legal structure that make cycling (and walking) safe, and this is why you see people of all ages, wearing normal clothes, using bicycles as transport.

In the UK there is another thing going on, which has to do with group identity. This has led to the term MAMIL or “Middle Aged Men In Lycra”, and generally refers to male cyclists who treat travelling to work as an adventure sport. There are those who justify wearing Lycra for commuting on the grounds that they have to ride fast due to the distance of their commute. It is an interesting thing that the average cycle commuting distance in the UK is longer than on the Continent. This is probably because so many cycle commuters in the UK are keen cyclists and like to use their commutes as training rides. On the Continent, in places where cycling is seen as normal (something the 95% engage in, not just the 5%), the sort people who in the UK have 1-5 km journeys and would drive or take the bus, ride a bicycle instead. So there are a great deal more short journeys by bike. For longer distances, the Contintentals are more likely to travel by multimodal means, for example: cycling to the station to take a train, and then walking or using another bicycle at the other end, to get to their final destination. That is not to say that there aren’t people commuting distances of greater than 5 Km by bicycle in these countries, it is just that they are more likely to use an e-bike, so that they don’t arrive sweaty.

Is the MAMIL image a problem? I have been accused of being anti-Lycra or even anti-cycling for using the term MAMIL. Neither is true, there is a place for Lycra and it fine in its place. However, it can be a barrier to making cycling more inclusive, as it can put people off, especially those not currently cycling. No doubt there are some cyclists who will say that the sort of people who are put off by MAMILs wouldn’t cycle anyway. However, if you go to a Women’s Cycle Forum and listen, you will find women saying that the perceived need for lycra, hi-viz and helmets does put them off cycling. A case study: L. is a woman over the age of 40 who says she is put off by the MAMIL image of cycling. However, on a trip to Bruges, L. was persuaded to try riding a bicycle because people of all ages, shapes and sizes were cycling in normal clothes. She now occasionally rides a bicycle in Edinburgh, and although L. is not a regular cyclist, she now has greater understanding of cycling, which is useful, given that her current job is in transport policy.

Before going any further, I will return to the point I made above, people should be free to wear whatever they feel is comfortable for their cycling journey. Images are important here, and where everyday cycling is being promoted, images which show hi-viz and helmets should be avoided. It is always disappointing to see organisations which soak up large amounts of funding, using images of people on bicycles dressed up in hi-viz and helmets. Generally, the majority of people are less likely to engage in an activity that looks like a minority activity, where you need to dress up in specific clothes and that may be dangerous. This makes trying to increase funding for active travel much harder, as it is seen to only benefit the few rather than the many. If you make cyclists look like a small outgroup, it going to be far, far harder to get those with the power to take space from motor vehicles to act. The Dutch didn’t get their famous cycle infrastructure by campaigning for “cyclists”, they did it for the children. Now that those children have grown up, they are the most relaxed parents in Europe, as they don’t have to worry about the safety of their children outwith the home. If we want the same here, we have to make active travel attractive and desirable, and we also have to make it normal and inclusive.

Cycle chic inspires others

Remember images are important

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For 6,000 years the street was a place where people met and talked, they traded and did business, above all they could walk where they liked. The street was a democratic space which belonged to no one group or form of transport. This all ended in the 20th Century with the arrival of the motorists who demanded that they had a greater “right” to use the road than anyone else. Pedestrians were forced to the sides and restricted in where they could cross, cyclists were barely tolerated and expected to keep out of the way. How did all this come about?

When the car first arrived, they were few in number and tightly controlled as it was recognised that motor vehicles were a danger to all. However, as the people who owned cars were wealthy and powerful these measures were soon being watered down. First off, the 1865 “Red Flag Act” was replaced by the Highways Act 1896 which set a limit of speed limit to 14mph (23km/h). This change is still commemorated each year by the London to Brighton Veteran Car Run. Then in turn this speed limit was replaced by the Motor Car Act 1903, which raised the limit again, this time to 20mph (32km/h), which is where the speed limit in built up areas should have stayed.

However, after a great deal of pressure from the motoring lobby, all speed limits for cars and motorbikes were removed by the Road Traffic Act 1930. It is very telling that Lord Buckmaster’s opinion at the time was that the speed limit was removed because “the existing speed limit was so universally disobeyed that its maintenance brought the law into contempt”. It is also worth noting that the AA was founded in 1905 to help motorists avoid police speed traps, and the RAC also has a long history of lobbying against speed restrictions.

At this time there were relatively few cars on the roads but the death rate was considerable. Data on road deaths in Great Britain were first collected in 1926, in that year there were 4,886 recorded deaths. The result of the removal of all speed limits for cars meant that in 1931 the death rate hit a new high of 7,343 deaths and 231,603 serious injuries. As a consequence, the new Minister of Transport, Leslie Hore-Belisha, described it as “mass murder” and reintroduced a speed limit for cars at 30 mph in built-up areas (defined in Scotland as areas where the lighting columns are spaced at 185m or less).

But is 30mph an appropriate speed for motor vehicles in a built up area? Well no, as this infographic from Pedal on Parliament clearly shows:

Speed & Fatalities

As speed increases so the survivability of a collision declines. Why would this be?

It’s a simple matter of physics, if streets have large amounts of kinetic (movement) energy moving along them they are more hazardous places to be. Kinetic energy can be shown by the equation Ek = 1/2mv2, where Ek is the amount of kinetic energy (usually given in Joules), m is mass or weight of the vehicle (usually given in Kg), and v2 is velocity or speed which is squared (usually given in meters per second). But what does this mean in reality? Let’s look at the kinetic energy of a small car, these weigh about one tonne (1,000Kg) travelling at 20mph (8.9m/s), so Ek = 0.5 x 1,000 x 8.92 = 39,969J (39.97kJ).

This also tells us that as speed increases, because velocity is squared, the amount of energy increases exponentially. If the vehicle speed doubles, then its kinetic energy quadruples, so at 40mph a one tonne car will now have a kinetic energy of 159.88 kJ. It also tells us that heavier cars are more lethal than lighter ones, so a big 4×4 which can weigh about three tonnes, will have a kinetic energy of 119.91kJ at 20mph and 479.63kJ at 40mph. Just to put all this into context, the kinetic/muzzle energy of a 12 bore shotgun is 4.45kJ. OK so there are some differences is the area over which the kinetic energy would be transferred, but it shows just how lethal cars can be.

Before I move on, just a quick note on the data source for the infographic above. When Donald was drawing it up, we at PoP had a discussion about which paper to take the data from and why. There are a couple of newer papers which appear to give higher survival rates at 30 mph. However, when you read the original source material, you find that the most vulnerable groups, children under 15 years and adults over 70 years, have been excluded from the analysis. No reason is given for this exclusion of data and the reader is left to draw their own conclusions, so we chose to use Aston & McKay 1979. We have received a certain amount of criticism for using “old” data, but as I have shown above, the laws of physics haven’t changed. People say that cars have changed, and yes they have, they have gotten bigger and heavier. A small car in 1979 would have weighed 500-750Kg, now 1,000 Kg, and there were very few 4×4 SUVs. The levels of kinetic energy on our roads for the same speeds are greater than they were before.

Of course the level of kinetic energy is not the only factor that makes lower speed limits safer in built up areas. There are other things to think about too, such as stopping distances, here again the same laws of physics come into play. There is the relationship between driving speed and braking distance. The kinetic energy of a vehicle is proportional to the square of its increased speed, this means that as the driving speed is doubled the braking distance quadruples. Of course there will be those who say the brakes on modern vehicles are better than they used to be. But they are not (as some drivers imagine them to be) magic, they can not overcome the laws of physics. Anti-lock brakes do not significantly reduce braking distance on a dry road, they merely reduce the risk of skidding out of control. Of course braking distance is only one component of Stopping Distance, the other part is thinking distance.

The speed with which the human brain can think hasn’t changed in well over 3 million years, no matter how much some people might want to think otherwise. (Insert your own joke here about Neanderthal taxi drivers). For an alert driver the average time between seeing a hazard and applying the brakes is 1.5 seconds. This means that at 20mph (32Km/h) the driver travels 13m while still thinking, this compares with 20m at 30mph (48Km/h) and 27m at 40mph (64Km/h). Remember this is for an alert driver, increasingly drivers are increasingly distracted by things like mobile phones and satnav systems. This can be the difference between life and death for a pedestrian or a cyclist using the same road.

As speed rises so the amount of time the driver has available to look around for hazards reduces and so does their peripheral vision.

peripheral vision image

In a busy environment there is a need for the driver to be more aware of what is going on around them. In less busy environments, i.e. motorways where the traffic is all moving in the same direction and there are fewer hazards coming from the sides, allowing the driver to focus more on what is happening in the distance. This is why motorways are generally considered to be safer than urban roads, even though motorways have higher speeds. As any trained advanced driver can tell you, driving at any speed requires constant attention and observation.

Aside from the clear safety benefits of 20mph speed limits for all road users, there are also other benefits to keeping the speed of motor vehicles below 20mph in built up areas. These include reductions in air pollution and noise pollution, both of which have an impact of human health.

There is increasing evidence that air pollution is shortening all our lives. Reducing motor vehicle speeds reduces levels of air pollution at source, so this has to be a good thing. There are some who claim that there are modelling studies suggesting that 20mph speed limits would increase pollution levels. However, there are no measurement studies I can find that bear this out. Models are only as good as the data and assumptions on which they are based, if they can’t be validated by real world data, they are worthless.

By reducing speeds by 10mph, traffic noise is reduced by about 3dB (depending on road surface). High levels of traffic noise cause stress and discourage active travel – who wants to walk along a noisy urban street? This not only bad for the health of people living in urban areas (and the majority of people do now live in urban areas), it is also bad for the local economy as it makes local shopping less attractive. “High street” businesses rely on footfall, not drive past. A study in the UK showed that people who walked to town centres spent an average of £91 per week on shopping, while motorists would spent £64 per week. Edinburgh’s bold move to bring in an almost blanket 20mph speed limit (excluding major roads), will help to make the whole city more vibrant.

The introduction of the 20mph speed limit in Edinburgh has been a long process, first we had the Southside trial. Then there was a two year consultation which showed there is significant support for 20mph speed limits. There was also cross-party support within the council with only the Tories objecting (and one of them called for more roads at 20mph in his ward, after he had voted against the city wide limit). The local chip wrapper did try to play up the “mass protest march” against 20mph, however this turned out to be 47 people organised by a taxi business. The police didn’t need to estimate the numbers which the organiser would then claim to be double. They just did a head count, as did an independent observer who said there were only 43.

Despite this evidence the politicians keep saying that reducing the national speed limit in built up areas to 20mph is unpopular with the electorate, so the question is, is 20mph so unpopular? In a recent poll commissioned by the Royal College of Paediatrics and Child Health, found that 58% of Britons “support reducing the national speed limit in built up areas to 20mph to attempt to reduce deaths from road traffic accidents”. The RCPCH recommend that we should: “Encourage physical activity for all children and young people – with and without disabilities – by creating more cycle lanes and promoting 20mph speed limits” and “Reduce the national speed limit in built up areas to 20mph to reduce the number of deaths by road traffic accidents”.

Edinburgh has now committed to doing something which Graz in Austria managed to do 23 years ago. Now if we could just get just Edinburgh to pick up a few other ideas from cities across Europe, maybe Zurich’s policy of one car out, one car in? But then that would need the City of Edinburgh Council to have the ambition to make Edinburgh a world class city.

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You might not realise it, but today is the World Day of Remembrance for Road Traffic Victims, which takes place on the third Sunday in November every year as the appropriate acknowledgement of victims of road traffic crashes and the victims’ families. It is estimated, worldwide, that 1.2 million people are killed in road crashes each year and as many as 50 million are injured. I was going to list all the people I have personally known who have died on the roads, members of my extended family, friends and acquaintances. But by the time I had got to 20, I was finding it all too depressing and so abandoned the idea. Too much loss, too much pain.

The theme for this year is “Speed kills – design out speeding”

For some years now, along with the Pedal on Parliament campaign group, I have been advocating the idea that the statutory speed limit for built up areas in Scotland should be lowered from 30mph to 20mph. This would undoubtedly save lives and make Scotland a better place to live. Not only would it be relatively cheap to do, but it is also within the gift of the Scottish Parliament. The power to vary speed limits was devolved, along with the power to vary the drink-driving limits, as part of the Scotland Act (2012). The Scottish Parliament has exercised the power to change the drink-drive limit, from 5th December 2014 the permitted blood alcohol limit for drivers will be cut from 80mg to 50mg in every 100ml of blood. This has to be a good thing. However, the powers to vary speed limits has, so far, only been used to raise the speed limit for heavy goods vehicles using the A9. This is a retrograde step as Holyrood does not have the power to change the Laws of Physics, and therefore this will in no way make the A9 a safer road.

As I have said elsewhere, it has been known for well over 30 years that, as traffic speed increases, so does the risk to pedestrians:

  • Hit by a car at 20 mph, 3% of pedestrians will be killed – 97% will survive
  • Hit by a car at 30 mph, 20% of pedestrians will be killed – 80% will survive
  • Hit by a car at 35 mph, 50% of pedestrians will be killed – 50% will survive
  • Hit by a car at 40 mph, 90% of pedestrians will be killed – 10% will survive
  • Hit by a car at 50 mph, >99% of pedestrians will be killed – <1% will survive
At 20mph just 3% of pedestrians or cyclists are killed

The difference just a few miles per hour makes

Many drivers don’t think about the fact that at 30 mph, a vehicle travels 44ft (roughly three car lengths) every second and at 20mph a vehicle travels 29.3ft (roughly two car lengths). The average reaction time of drivers is between 1 and 1.5 seconds. Then it takes time to actually stop, and to stop safely drivers have to think ahead rather than just try to react to the situation. Lowering the speed limit allows drivers more time to think and therefore reduces the frequency of accidents collisions. There are people out there who think that they are a good drivers and that it wouldn’t happen to them – I would suggest that they read about the experiences of this Hertfordshire GP, who used to think it wouldn’t happen to him.

Once again, I call on the Scottish Government to lower the statutory speed limit in built up areas from 30mph to 20mph, this will save lives. If you agree with me write to your MSPs today and tell them so.

This post also appears on the Pedal on Parliament website, in a slightly modified form.

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Hardly a week goes by without another victim blaming letter to the papers, the latest was entitled Cyclists must help themselves (quoted below in full):

Wearing a helmet while cycling may be a “peripheral issue”, according to W Henderson (Promote cycling, not use of helmets, Letters, July 27).

However, surely it is highly desirable in urban traffic? We do not enjoy the excellent traffic segregation and social cohesion of “Denmark and The Netherlands”, nor are we ever likely to. The antiquated and cramped fabric of our towns and cities and our unwillingness to think, and spend, boldly – it’s the British way after all – have seen to that.

No-one disagrees that cycling is good for you and should be encouraged and funded more, but if the increasingly shrill cycling lobby insist on their right not to do everything reasonable to be seen and be safe, then “strict liability” – the proposal that in the event of a collision the motorist is presumed to be at fault – cannot be seriously entertained. In particular, the perverse refusal to use high-visibility accoutrements, good lights and a warning bell is unacceptable and stupid. Legislation is the only way.

 

I am saddened by the knee jerk victim blaming attitude expressed in this letter. Repeated studies have failed to find evidence that wearing “Hi-visibility” clothing make any significant difference to the frequency of cyclist or pedestrian road casualties. It is important to note that the UK has one of the worst records in Europe for pedestrian safety. Before anyone said that the numbers of pedestrians killed or seriously injured on our roads is declining, this is entirely due to the fact that people are walking less, once that is taken in to account pedestrian KSI rates are rising.

The evidence from repeated studies of collisions involving motor vehicles and vulnerable road users, that in over 85% of cases it was the drivers that was solely at fault. In under 15% of cases was there joint liability between drivers and vulnerable road users, and in only about 1% of cases was the vulnerable road user solely at fault for the collision.

It really is time that we learned from other countries that there is a better way. All but five countries in Europe (those being the UK, Cyprus, Malta, Romania and Ireland) have some form of “strict liability”. Why is it that the opponents of the current campaign for introduction presumed liability in Scots civil law, are not holding up Romania as a beacon of freedom and liberty?

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