Drivers angry at cycle injury plan

The EC plans to protect cyclists and bring insurance into line

LONDON, England -- The UK government is set to object to EC proposals that would make motorists automatically responsible for all accidents involving cyclists, whoever was to blame.

Under the proposals, first released in June, motorists would be liable for compensating injured cyclists, even if the driver was not responsible for an accident.

Such a policy, if passed, would bring Britain in line with fellow European Union members including France, Belgium, Scandinavia, the Netherlands and Germany where the motorist is almost always liable for damages or compensation.

The European Commission also says the scheme would provide better protection for pedestrians and cyclists.

The commission's draft document states that most accidents are caused by motorists, adding: "Whoever is responsible, pedestrians and cyclists usually suffer more."

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It added: "In some member states the cyclist is covered by the insurance of the vehicle involved in the accident irrespective of whether the driver is at fault."

The move faces opposition from British motoring organisations, which say it would increase drivers' insurance by about £50 (80 euros).

The motoring group, the RAC, said it would also encourage cyclists to ignore the Highway Code (UK road laws). Motorists are already angered by cyclists riding through red lights and snaking their way through queues.

Jonathan Simpson, of the RAC Foundation, said increased costs could lead to fewer people taking out insurance. It called instead for more safety awareness and formal training among cyclists.

Simpson told the Press Assocation: "The onus should not be put on the motorist for accidents. It has to be done in a way which is equitable."

But the trade body, the Association of British Insurers, said it was not clear premiums would rise, although it sought clarification.

ABI spokesman Malcolm Tarling told PA: "If you did have a system where every time somebody was in an accident they received automatic compensation, that would impact on premiums.

"We're seeking clarification on this. To us, it's suggesting that whilst they would want to extend compensation automatically, on the other hand it quite specifically says this will always be subject to the legal framework in a particular member state."

The move has been welcomed by cyclists and two-wheel support groups that say vulnerable roadusers will be better protected.

The European Cyclists' Federation told the UK broadsheet newspaper, The Guardian; "The responsibility for road safety should be laid on the shoulders of those that cause a hazard rather than on the shoulders of the potential victims."

Motorists are set to have their misgivings backed by the British government despite its efforts to promote alternative modes of transport.

In Britain, currently, the motorist involved in an accident is presumed innocent and it is up to the cyclist to prove negligence to win compensation.

The Department of Transport stressed that the proposals were still at an early stage and were likely to be altered before they came into force.

A spokesman for the department said: "There are some concerns about the content and phraseology. We're going to have to go back to the commission with comments on the draft.

"There are occasions when you can break the law by cycling, such as riding while under the influence.

"We've got to look at how this would work. If a cyclist has committed an offence, should the onus be on the motorist?"