Cyclists who flout the rules could soon be dodging points on their licence and fines by taking a safety course instead, sparking concerns over road safety. The proposed changes would see offences such as ignoring school crossings, dangerous cycling, and hitching rides from moving vehicles addressed with an educational approach rather than punitive measures.
This shift is part of the Home Office’s plan to incorporate offenders into the National Driver Offender Retraining Scheme (NDORS) at a cost of £100, potentially avoiding traditional penalties.
The Home Office report explains: “Such courses are offered as an alternative to an offer of a fixed penalty notice, and therefore a driver who successfully completes a course is not required to pay a fixed penalty amount in relation to the offence, or to have points endorsed on their driving record.”
It further clarifies that “The operation of the NDORS allows the police the discretion to deal with low level driving offences without reference to the courts by offering training courses as an alternative to prosecution.”
Following consultation, the Home Office is moving forward with legislation to enact these changes. The 9 offences under review mostly pertain to cyclists, who may soon be able to opt for a 30-minute online module called the Safe and Considerate Cycling (SCC) course instead of facing points and fines, reports Coventry Live.
The 13 offences originally under scrutiny, which predominantly concern cyclists, have sparked debate during consultations with councils and police forces. The Durham Police and Crime Commissioner voiced concerns over the potential leniency towards the infractions of failing to stop at or comply with a school crossing.
They argued that due to the ‘gravity of these offences and their potential impact on communities, including risks to school crossing patrol officers and children’, such offences should only be dealt with fixed penalties and points. The proposal seeks to add 13 offences to schedule 3 of the Road Traffic Offender Act, enabling them to be managed through an educational course.
One respondent contended that ignoring a school crossing patrol should be considered more severe than running a red light due to the risk posed to children. Both the Metropolitan Police Service and Transport for London expressed reservations about including dangerous cycling in the list.
According to the report, “Three respondents were concerned that the list of offences in the proposal included both dangerous and careless cycling offences, which they felt could set a bad precedent. They highlighted that there is already confusion and overlap between these offences and the careless and dangerous driving offences, and questioned whether any road user behaviour sanctioned as ‘dangerous’ should be dealt with out of court.”
Some were up in arms following the Government’s nod to potentially let some cyclo-rogues off with just a slap on the wrist—a brief e-learning course—for what’s deemed dangerous biking. After sounding out the public, it’s been decided nine new misdemeanours will be eligible for retraining rather than a court date, down from the original 13. Ignoring lollipop ladies and gents and reckless riding are included.
The Government said: “In response to the feedback received to this consultation, the government has carried out further engagement with NPCC and UKROEd to discuss the concerns which have been raised, including which offences are suitable to be added to the list of offences for which an NDORS course may be offered.”
They added, “The above offences cover a range of behaviours which would impact on the nature of the safety risks presented (e.g. the dangerous cycling could have taken place on an empty road or in a busy area with lots of other vehicles and pedestrians). It is therefore right that the police officer should decide on the appropriate penalty, taking into account the circumstances of each case.”
Final list of road traffic offences which will be added to schedule 3 Road Traffic Offenders Act
Offences under Royal Parks and Other Open Spaces Regulations 1997:
- Failure to comply with any direction given by a constable or by a notice exhibited by order of the Secretary of State regarding the use of a pedal cycle in a Royal Park or other specified land;
- Using a pedal cycle in manner that endangers or is likely to endanger any person in a Royal Park or other specified land;
- Using a vehicle or pedal cycle between sunset and sunrise, or in seriously reduced visibility between sunrise and sunset, with no lights in a Royal Park or other specified
Failure to stop at a school crossing patrol;
Cyclist holding on to a vehicle while in motion on a road for the purpose of being drawn along;
Cycling on a road dangerously;
Cycling on a road without due care and attention or without reasonable consideration for other persons using the road;
Offences under Road Vehicles Lighting Regulations 1989:
- Using a pedal cycle without lights between sunset and sunrise;
- Using lamps so as to cause undue dazzle or discomfort to other persons using the road;
- Using a non-motor vehicle with any lamp so as to cause undue dazzle or discomfort.