August 30, 2010

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Should the consequence of striking a cyclist be only a few demerit points on a driver's license and a fine?

In North America, the onus is not wholly on the driver to avoid collisions with cyclists, which can result in a fine or demerit points being issued as opposed to a harsher sentence after a car-cyclist collision. Not so in the Netherlands. There, the driver must prove he or she was not at fault after striking a rider. Some say this "strict liability" principle should be enacted in other jurisdictions. That way, drivers would be more likely to slow down when approaching riders on two wheels.

August 30, 2010

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Latest Comments

  • Great Idea

    IThis is great, bring it in here in Australia. It makes sense. More vunerable road users should be protected in law from stronger road users.

    Posted by James June 11, 2011 04:25:03

  • Not just in Netherlands

    Hey, thanks for linking to my video. That's a short extract from a longer video on a bunch of UK Lords and MPs visiting the Netherlands.

    The concept Hans is talking about is called the EU Fifth Motoring Directive. It's upheld in most EU countries and states that the strong must bend to the weak. So car drivers at fault when crashing into cyclists. And cyclists at fault when crashing into pedestrians.

    The onus is on the driver (or shock, horror) the cyclist to prove they weren't at fault. In most non-EU jurisdictions it's for the victim to prove they had nothing to do with the crash.

    Sadly, UK has never adopted EU Fifth Motoring Directive. Whenever the idea is breached, motoring orgs and tabloids go into overdrive, spewing hate over the idea. The pedestrian angle is never discussed. It's only ever "but if I hit a cyclist who has run a red light I'm automatically at fault. All cyclists are b*stards."

    Shifting the onus of blame on to the 'strongest' party is one of the key reasons Germany, the Netherlands and other EU countries have good conditions for cyclists.

    Posted by Carlton Reid September 10, 2010 01:18:38

  • Yen 'n' No

    When I'm riding my bike, I agree.
    When I'm driving my car, I don't. Some Dutch cyclers have a deathwish that can cost me dearly.

    Posted by Eric September 09, 2010 05:51:32

  • It's crystal clear

    (Less than) two of the best minutes in cycling safety and driver responsibility! Hans is from www.fietsberaad.nl.

    Let's start to work on "strict liability" for tailpipe and other emissions....

    Posted by Todd Edelman, www.greenidea.eu August 30, 2010 23:29:02

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