Road Traffic Offences (Cycling) Bill [HL]

1 Causing death or serious injury by dangerous, careless or inconsiderate cycling

(1)

The Road Traffic Act 1988 is amended as follows.

(2)

Before section 28 (dangerous cycling) insert—

“27A Causing death by dangerous cycling

A person who causes the death of another person by riding a cycle
dangerously (as defined in section 28) on a road or other public place
is guilty of an offence.

27B Causing serious injury by dangerous cycling

(1)

A person who causes serious injury to another person by riding a
cycle dangerously (as defined in section 28) on a road or other public
place is guilty of an offence.

(2)

In this section “serious injury” means—

(a)

in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
the Person Act 1861, and

(b)

in Scotland, severe physical injury.

27C Causing death by careless, or inconsiderate, cycling

A person who causes the death of another person by riding a cycle
on a road or other public place without due care and attention, or
without reasonable consideration for other persons using the road or
place, is guilty of an offence.”

(3)

In section 28 (dangerous cycling), after subsection (3) insert—

“(4)

For the purposes of subsection (2), what would be expected of a
competent and careful cyclist includes that their cycle is equipped and
maintained in accordance with regulations made under section 81 of
this Act.”

(4)

After section 32 (electrically assisted pedal cycles), insert—

“32A Interpretation of sections 27A to 32

(1)

For the purposes of sections 27A to 32 of this Act, “a cycle” includes
but is not limited to—

(a)

a pedal cycle,

(b)

an electrically assisted pedal cycle, and

(c)

a mechanically propelled personal transporter, including—

(i)

an electric scooter,

(ii)

a self-balancing personal transporter (including a
self-balancing scooter, self-balancing board or electric
unicycle), and

(iii)

any other mechanically propelled personal transporter
provided for by the Secretary of State in regulations
made under this section.

(2)

For the purposes of subsection (1)(c), mechanically propelled personal
transporters are to be defined in regulations made by the Secretary of
State under this section.”

2 Penalties

(1)

The table in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 is
amended as follows.

(2)

After the row beginning “RTA section 27” insert in columns 1 to 4—

“RTA Section 27A

Causing death by dangerous cycling.

On indictment.

14 years.

RTA Section 27B

Causing serious injury by dangerous cycling.

(a) Summarily.

(b) On indictment.

(a) 12 months or the statutory maximum or both.

(b) 5 years or a fine or both.

RTA Section 27C

Causing death by careless or inconsiderate cycling.

(a) Summarily.

(b) On indictment.

(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.

(b) 5 years or a fine or both.”

3 Extent, commencement and short title

(1)

This Act extends to England and Wales and Scotland.

(2)

This Act comes into force at the end of the period of six months beginning on the day on which it is passed.

(3)

This Act may be cited as the Road Traffic Offences (Cycling) Act 2022.