ed_m wrote:
does anyone else not have a clue what that was all about ?
or is it just me.
Probably you!
1. The law requires a cyclist to use lights on bicycle in the dark. We thus issue a fixed penalty when we cop them.
This is a
MUST and the
MUSTs are the LAW. The small print underneath these refers to sections of the Road Traffic Act by the way
S38 of the Road Traffic Act 1988 states that
Quote:
A failure on the part of the person to observe a provision of the Highway Code does not in itslef render that person liable to criminal procceedings of any kind but any such failure may in any proceedings (whether civil (usually insurance disputes) or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Act 1981, or sections 18-23 of the Transport Act 1985) be relied upon by party to the proceedings as tending to establish or negative any liability which is question in those proceedings.
Interestingly as an aside - and folks here may find this interesting
The braking distances shown in the Highway Code are
not admissible in proving
speeding cases. (It works both ways

) as they amount to hearsay (R v FRIEL 1993 SLT 791 refers)
However, back to fining unlit cylcists .

..
This is not targetting cyclists. We pull drivers who fail to apply lights who have faulty lights as well.
We may use some discretion if the battery has "died" or bulb suddenly "blown" - and ask the cyclist to report in with the matter fixed - same as we do with some minor car problems.
That's the difference with real cops as opposed to automation. We can apply a bit of basic common sense to the situation in hand.
But in reality - it is rather black and white... Highway Code Rule 46 does state that the bicycle must have front and rear lights and all bikes manufactured after 1/10/85 are required to have amber reflectors.
Now whatever you ague to the contrary - a bicycle with working front and rear lights happens to be the law and insurance companies do take account of this when settling a claim - even in the so-called mythical land of cyclotopia on the continent

(You know - that place where the motorist pays even if the cyclist caused the accident per the C+ drivellers.

Only - in much the same way as they seem unable to read posts properly and understand exactly what they are reading - and do old fashioned comprehension questions per the old 11+ exams - they appear unable to read the small print on that foreign practice as well

"Educated?" More like the slow learning class in a bog standard failing comprehensive school

as one of the riff-raff commented to me. (Oooh - getting in the acid!

Fingers over the road will be a-drumming again... dry day today - they should be enjoying a crisp ride as I did earlier this morning and will be going out again on my bike - in my full hi-viz

gear! ) If cyclist clearly in the wrong - motorist is not automatically liable to pay him or her damages - even in Holland and Denmark where this is supposed to be the practice.
Road Traffic Act 1988 - s 28 and 29 regulate the standard of cycling on roads. Perhaps I should point out to all that the offence of causing bodily harm by dangerous driving also applies to pedal cycles under the provision of the Road Traffic Act 1988 s 2. and the "Offences Against the Person Act of 1861"
There are a number of other laws which we can use bring thugs on bikes and in cars - for that matter -

to account.
As for not wearing high viz or something to make one SEEN - it's basic common sense. I recall the BST experiment. Every other advert reminded pedestrians to wear something "light in colour" and to be seen in the dark at the time - and we all wore hi- viz kagouls over our blazers when going to school. (I seem to have worn a hi-viz kagoul all my life now

)
I am sure all of us know that even a road with normal street lighting will have shadows. These shadows can make a darkly clad figure be observer
too late by some. I base this on the number of statements I have taken over the course of a long, long career and not some inane waffling by a bunch of cyclists on an obscure forum which thankfully the big wider world have never even heard of. It is only in the minds of those self-obsessed nutcases that the world is held to revolve around their "opinion" on C+.

A good many people I talk to have never heard of either the site or the magazine until my mention of it. They have, however, heard of safespeed because "it's been mentioned in the papers"
My other post which I find odd that you "do not understand" was copy typed from this week's copy of CW which reports on the CTC's concerns over the EU proposal to require all cars to use dippies 24/7.
But basically - law requires a bicycle to be fitted with front and rear lights which actually work. Just like cars are required to have lights.
I fail to see what is so difficult to understand about a comment that if you are copped breaking this law - we will fine you just the same as we would fine a driver for the same offence of being unlit at night.