Mark Harper, the transport secretary, says he will consider Sir Iain Duncan Smith's amendments. Photo: PAUL GROVER FOR THE TELEGRAPH
The Transport Secretary has said he will look “with an open mind” at proposed new laws that would see cyclists who ride dangerously or carelessly face harsher prison sentences, the same as motorists.
< p>Mark Harper told The Telegraph the law is “under review” and could lead to an update to Victorian laws currently used to prosecute cyclists who kill or maim.
Sir Iain Duncan Smith, the former Conservative leader, introduced a number of amendments to the Criminal Justice Code. The bill will mean those who ride bicycles, e-bikes, electric scooters, unicycles and “personal transporters” will face harsher penalties if they harm or kill pedestrians.
Sir Ian hopes to close a legal loophole that often means cyclists who cause fatal injuries are charged under an 1861 law designed for horse-drawn carriages.
The proposed amendments would apply to electric bicycles and a range of other motorized vehicles, as well as regular bicycles. Photo: CHRISTIAN MIRSEA BALATE/ISTOCKEDITORIAL
A cyclist who commits murder while riding carelessly or dangerously can be jailed for a maximum of two years for “wanton or furious driving” under an 1861 law. In contrast, motorists face life imprisonment if found guilty of causing death by dangerous or careless driving.
Asked whether he supported Sir Ian's proposed changes, Mr Harper said: “I will look at his amendments and we will consider them.” it's with an open mind. I have made it clear that we are keeping this legislation under control.”
He added that there are several “specific offenses” in the legislation that allow cyclists who ride dangerously or carelessly and cause harm to pedestrians to be prosecuted.< /p>
Mr Harper stressed that the Government remains committed to advancing the active tourism programme. schemes to promote cycling, walking and public transport.
The chances of Sir Ian's amendments becoming law depend in part on the Government's support for the proposed changes.
The Speaker will also have to table amendments to MPs for debate in the House of Commons.
Speeding cyclist avoids prosecution in road crash
The issue, which is considered non-political, will then have to be put to a vote to decide whether it will be converted into law.
Sir Ian, himself a keen motorcyclist, introduced the amendments just days after The Telegraph reported that a cyclist riding a timed lap in Regent's Park was involved in a crash that killed an 81-year-old year-old woman, but he has not been charged with any criminal offense.
Brian Fitzgerald, a director at Credit Suisse, was in a “fast group” of cyclists clocked at 49mph in a 20mph zone at one o'clock when 81-year-old Hilda Griffiths crossed a park road in London, apparently without looking.
Mr Fitzgerald, a member of the Muswell Hill Peloton cycling club, told the coroner they were riding on an aerodynamic ” pace line” to maximize momentum when he hit a former kindergarten teacher walking her dog in June 2022.
< p>Police concluded that there was “insufficient evidence for a real conviction” and the case was closed “without further actions.”
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