Back-to-front road traffic law charges cyclist for delaying van by seconds

October 14, 2022

road traffic law

If you're looking for a good example of how road traffic law enforcement is back to front, how about the case of the cyclist who was charged for delaying traffic by nine seconds?

Following an intervention by the Cyclists' Defence Fund, the Crown Prosecution Service (CPS) has dropped its case against Tom Bosanquet who used his helmet cam to film a driver illegally using a handheld mobile phone. The van driver behind Tom was impatient at having to wait less than 10 seconds so sounded his horn before driving through a red light.

You can watch the helmet cam footage for yourself to better understand the nonsensical decision taken by the CPS.

https://www.youtube.com/watch?v=dECm-zQ-nvA&t=80s

Mr Bosanquet was charged with inconsiderate cycling contrary to section 29 of the Road Traffic act 1988, an offence that carries a maximum fine of £1,000. The case was due to be heard last week but was wisely dropped at the eleventh hour by the CPS.

Charging a cyclist for pausing for a few seconds is at odds with the way the justice system deals with the most dangerous drivers.

Examples of ludicrously lenient sentencing of drivers who kill are numerous. A driver in 2017 who was parking, and travelling at an estimated 5 mph, not only managed to collide with a woman, but continued driving until the car had passed over her body - killing her in the process. The same driver had previously been banned from driving twice. At the time of the fatal crash, the driver was banned from driving and uninsured.

Sentencing, Judge Mark Brown told the defendant: 'This is on any view a very sad and tragic case. You drove your car looking for a space and your vehicle collided with her and you then drove over her body. I have no doubt this has all happened within the blink of an eye."

A collision report concluded that the defendant was driving at about 5 mph and there were no defects with the vehicle.

The judge summed up by saying 'I hope you have learned a profound lesson' before allowing the defendant to walk free with an 18-month driving ban - that's a ban, on top of a ban on top of a third ban.

62 points and still no driving ban

A Freedom of Information Request by the BBC, found a man you continued to drive legally with 62 points on his licence. At the last count, over 8,000 drivers have accrued 12 points and yet escaped a ban.

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