Transport Secretary open to backing tough new laws on dangerous cyclists

The Transport Secretary says he will consider “with an open mind” proposed new laws to make cyclists who ride dangerously or carelessly face tougher prison sentences similar to motorists.

Mark Harper has told The Telegraph legislation is being kept “under review”  that could see Victorian laws currently used to prosecute cyclists who kill or maim being updated.

Sir Iain Duncan Smith, the former Conservative leader, has tabled a series of amendments to the Criminal Justice Bill that would mean those riding bicycles, e-bikes, electric scooters, unicycles and “personal transporters” face tougher penalties if they injure or kill pedestrians.

Sir Iain is hoping to close a loophole in the law that means cyclists who cause fatal injuries are often charged under an 1861 law intended for horse-drawn carriages.

A cyclist who kills while riding recklessly or dangerously can be jailed for a maximum of only two years for “wanton or furious driving” under the 1861 law. In contrast, motorists face a life sentence if convicted of causing death by dangerous or reckless driving.

Asked if he backed Sir Iain’s proposed changes, Mr Harper said: “I will look at his amendments and we will consider it with an open mind. I have been clear that we are keeping this legislation under review.”

He added that there are some “specific offences on the statute books” that allow for the prosecution of cyclists who ride dangerously or recklessly and injure pedestrians.

Mr Harper stressed that the Government remained committed to promoting its Active Travel schemes, meant to promote cycling, walking and public transport.

The chances of  Sir Iain’s amendments becoming law are, in  part, reliant upon the Government backing the proposed changes.

The Speaker would also have to choose to put the amendments before MPs for debate in the House of Commons.

Speeding cyclist escaped death crash prosecution

The issue, which is regarded as not party political, would then have to go to a vote to decide whether or not it would be made into law.

Sir Iain, who is himself a keen motorcyclist, submitted the amendments just days after The Telegraph reported how a speeding cyclist doing timed laps in Regent’s Park was involved in a collision which caused the death of an 81-year-old woman but could not be charged with any criminal offence.

Brian Fitzgerald, a director at Credit Suisse, was in a “fast group” of cyclists doing up to 29mph in a 20mph zone when Hilda Griffiths, 81, crossed the park’s road in London, apparently without looking.

Mr Fitzgerald, a member of the Muswell Hill Peloton cycling club, told a coroner they were travelling in an aerodynamic “pace line” formation to maximise momentum when he struck the retired nursery teacher walking her dog in June 2022.

Police concluded there was “insufficient evidence for a real prospect of conviction” and the case closed with “no further action”.