KNOW YOUR RIGHTS
also introduce separate offences of causing serious injury by dan- gerous cycling and causing death by inconsiderate cycling, both car- rying a maximum penalty of five years. These are the same sentences that currently apply for offences committed by drivers of motor ve- hicles.
The calls over the last few years have been increasing, especially with the number of cyclists and cars going up. Inevitably there are going to be conflicts, and deaths are sadly going to happen. And many argue it’s only fair that, as road users, cyclists are at risk of the same sentences as motorists.
and EU negotiate additional arrangements, which continue until the end of 2020.
The current rules on international driving will continue to apply dur- ing the transition period.
These rules state that any driver with a UK licence can drive in the EU indefinitely, and conversely any EU driver can drive in the UK. There is no need to exchange licences or retake tests. There is no time period upon which a person can drive. An EU licence is essen- tially equivalent to a UK one.
After 2020 it is not clear what will happen. That is up for negotia- tion.
It may be that the current arrangements continue to apply, and EU/UK drivers will be able to continue to drive in the UK/Europe.
However, it may be downgraded to “a designated country”. Currently in the UK there are a list of countries (South Africa, Zim- babwe and Japan amongst them – there are 15 in total) where the UK allows the driver to drive for 12 months from becoming resident, after which they are required to exchange their foreign licence for a UK one. The UK may negotiate a similar arrangement with the EU.
Or if there is no deal at all, it could revert to any other international licence in the UK where the driver has 12 months to drive on their foreign licence from the day they become resident, after which they are required to take a full UK test, and a similar arrangement for British drivers in Europe.
DEATH BY DANGEROUS CYCLING
And to end on a slightly more interesting note, a case was heard in the High Court in February where a gentleman successfully chal- lenged a speed camera.
Mr Marrable was accused of travelling at 72mph in a 50mph limit by a TruCAM speed device.
He said he had not been speeding and produced evidence from his GPS tracker fitted to his company vehicle which showed a speed of 53/54mph.
The burden will always remain on the prosecution in these cases to prove beyond doubt that the defendant is speeding. And the defen- dant need only cast doubt on that in order to be found not guilty.
And in this case, the magistrates found that doubt had been cast and indeed, found him not guilty.
The prosecution appealed, and the High Court found in favour of the driver. They said that his GPS tracker clearly cast doubt on the pros- ecution case, and so the decision to find him not guilty was not wrong.
It does not by any means set a precedent that all speed cameras are going to be incorrect, and of course Mr Marrable seemed to have good evidence to show that at the exact time he was recorded speeding he was actually going a lot slower, but it was stated that “evidence from approved devices was not conclusive” and so there can be scope to challenge on occasions.
This has been rumbling in the background for some time but finally a new bill of causing death by dangerous cycling has been intro- duced to the House of Lords and received its first reading.
It proposes introducing a new offence punishable by up to 14 years’ imprisonment under the Road Traffic Offenders Act 1988. It would
MARCH 2020
If you need any advice on motoring matters please email:
e.patterson@
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99 DPP v MARRABLE
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