Families left disappointed after law protecting cyclists not outlawed

‘More people will die until something actually happens’: Bereaved families of relatives killed by reckless cyclists say they are ‘deeply disappointed’ over Government’s failure to honour pledge for new laws to close legal loophole

  • Under an 1861 law, reckless cyclists can only be jailed for up to two years  

Bereaved families due to reckless cyclists are incensed that the government will not honour their pledge to overcome a legal loophole.

Under Section 35 of The Offences Against The Person Act 1861, a cyclist who kills someone while riding dangerously will only be jailed for a maximum sentence of two years for ‘wanton or furious driving.’

The law was introduced for his horse carriages and provides a legal loophole for dangerous cyclists with ministers saying they would rectify the issue and introduce new legislation to amend this.

One victim who was negatively affected by this was Kim Briggs whose killer Charlie Alliston was jailed for 18 months in 2017.

The then 18-year-old was travelling at 18mph on an illegal Olympic-style bike with no front brakes when he crashed into 44-year-old Kim Briggs as she crossed the road on her lunch break. 

Matthew Briggs (left) pictured with his wife Kim Briggs (right) who died in February 2016 after being hit by an illegal bike while on her lunch break in east London

Christine Berridge said she felt ‘terribly let down’ at the news, whose brother, Peter McCombie, 72 (pictured), was killed by a cyclist jumping a red light in east London

Charlie Alliston (pictured) was travelling at 18mph on an illegal Olympic-style bike with no front brakes when he crashed into Mrs Briggs 

Husband of Kim Briggs, Matthew Briggs, 52, was left ‘deeply disappointed’ after his meeting with Roads Minister Richard Holden a few weeks ago after struggles to put a new bill through

Writing for The Mail+ in August, the then Transport Secretary Grant Shapps said the current ‘archaic law’ means prosecutions of killer cyclists must rely on ‘a legal relic of the horse-drawn era or invoke manslaughter, a draconian option’

However according to The Sunday Telegraph, the Department for Transport (DfT) has admitted to relatives of killer cyclists that they will struggle to change the law due to a lack of parliamentary time before the next General Election.

Husband of Kim Briggs, Matthew Briggs, 52, was left ‘deeply disappointed’ after his meeting with Roads Minister Richard Holden a few weeks ago after struggles to put a new bill through.

READ MORE: Grant Shapps launches crackdown on killer cyclists: Transport Secretary vows to create new ‘death by dangerous cycling’ law

Grant Shapps says he wants to close an ‘archaic’ legal loophole which means reckless cyclists who kill pedestrians can only be jailed for a maximum of two years

Writing for Mail+ in August, the then Transport Secretary Grant Shapps said the current ‘archaic law’ means prosecutions of killer cyclists must rely on ‘a legal relic of the horse-drawn era or invoke manslaughter, a draconian option’. 

He added: ‘We need the cycling equivalent of death by dangerous driving to close a gap in the law and impress on cyclists the real harm they can cause when speed is combined with lack of care.

‘For example, traffic lights are there to regulate all traffic. But a selfish minority of cyclists appear to believe that they are somehow immune to red lights.

‘We need to crack down on this disregard for road safety. Relatives of victims have waited too long for this straightforward measure.’

Mr Briggs said: ‘Has the DfT now become cowed by the militant fringes of the cycling lobby? Or were Mr Shapps’s announcements last year simply an act of political opportunism.’ 

Peter Walker, 85, whose wife Dianne was killed by a Cyclist in 2016 in Pewsey Wilshire, said:  ‘All we are asking is that if a cyclist causes a pedestrian’s death it should be treated in the same way as any other road accident with commensurate legislation.’

Christine Berridge said she felt ‘terribly let down’ at the news and that more people will have to die ‘before something actually happens.’

Christine’s brother, Peter McCombie, 72, was killed by a cyclist jumping a red light in east London.

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