A simple change to our road laws to protect cyclists

I'm in the middle of my third cycling trip to Europe in the past four years. Over the years, I've ridden thousands of kilometres in France, Germany and Austria and also spent time in Belgium and The Netherlands. I don't claim to be an expert in all matters of cycling safety, but my experience in Europe is starkly different to my every day ride in Australia.
While there's no doubt cycling infrastructure in Europe is light years ahead of what the majority of us experience in Australia, I don't believe it's necessarily the only contributing factor as to why I feel so much safer here in Europe than back home in Australia.
While it's vital that we all continue to lobby for infrastructure that separates cyclists from cars, I think there's one simple law that could dramatically change the culture of road use in Australia. Unfortunately, it's not the 'a-metre-matters' trials that are currently being conducted in Qld and soon to begin in the ACT. 
It's the 'strict liability laws' that operate in many countries in Europe and also in Canada. Put simply, it means that if a motor vehicle causes damage to any fellow road user who is not driving a vehicle (ie: a cyclist), then the owner of the motor vehicle is automatically deemed to be liable for damages. 
Please note, this is not criminally liable, but liability in financial and civil matters. That is, the insurance company of the motor vehicle would have to pay for damages to the cyclist in the event of an accident. It's designed to specifically address the disparity in danger between the operator of a motor vehicle and a cyclist, and the consequence of this law seems to be that motorists take far more care around cyclists. 
This type of law already operates in other aspects of life in Australia, including in WorkPlace Safety where it's assumed that the employer must be responsible for the safety of his/her workers. That is, the onus is clearly on the so-called 'more powerful' party. 
I see the ramifications of the 'strict liability' law each day when I cycle in Europe. Motorists give space to cyclists in every aspect of road use. At intersections and roundabouts, I'm constantly amazed at how I'm being given 'right of way.' Even when I'm riding, legally, on a footpath and about to enter an intersection, motorists slow down or stop, just in case I do the unexpected and pull out in front of them. 
Three weeks ago in The Netherlands, I saw a truck driver trying to turn left into a street. It was near a school and the children were coming out of the front gate in droves on bicycles. They rode around the truck as if he wasn't there, seemingly oblivious to his potential danger. He slowly inched forward until another wave of cyclists surrounded him. 
I couldn't believe what I was seeing. A truck was being bullied on the road by a bunch of kids. 
I'm not saying that Australian truck drivers would have acted any differently in that situation. But the Australian children would never have entered such a potentially dangerous intersection because they know, in our country on the roads, might is right. 
In The Netherlands and elsewhere in Europe, the exact opposite is the case. Those with the powerful vehicles must bear the responsibility for choosing to use such a vehicle in a public space. Simply put, it confirms in law what we already know - that the 'duty of care' is on the person operating a potentially dangerous vehicle. 
Sadly, we've seen recently where a few cyclists have been killed when hit from behind by motor vehicles or trucks. In these cases, it's not clear whether the 'a-metre-matters' law would have been enforceable as the motorist can claim that the cyclist did something unexpected. The law, in effect, puts the burden of proof on the victim. 
With 'strict liability,' the assumption is that the motorist must prove that the cyclist did something unexpected. In one-on-one incidents this would be impossible. Again, this doesn't mean that the motorist is necessarily criminally liable for the accident. But, I'm sure lawyers would be lining up to sue the motorist in a civil court. I believe this would quickly lead to a change in the culture of how we motorists see our most vulnerable road users. 
If nothing else, it ratifies in law what we all truly believe - that the most vulnerable should always be protected - in our courts and more importantly, on our roads.







I've written three travel ebooks on my cycling adventures across Europe. They sell for between $2.99 and $3.99, depending on which currency you use. You can visit my Amazon page here for the USAhere for the UK and here for Australia


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