A very common accident involving cyclists is where the cyclist is filtering through traffic or overtaking vehicles including parked vehicles when a driver or passenger opens a car door directly into the path of the cyclist. This is known as car dooring.
Rule 239 of the Highway Code states that motorists “must ensure you do not hit anyone when you open your door. Check for cyclists or other traffic”. The Highway Code serves as a guidance only, which means that non compliance with a rule of the Highway Code is not an offence.
Section 42 of the Road Traffic Act 1988 makes it an offence to open “any door of a vehicle on a road so as to injure or endanger any person”.
The offence arises simply by endangering a person – there does not have to be a collision.
Currently, the offence is only punishable by a fine of up to £1,000 and no penalty points can be imposed.
Cycling UK has repeatedly pressed the Government to introduce new offences of causing serious injury or death by car dooring with tougher penalties.
Ironically, on the 12th October 2016 the Transport Secretary, Chris Grayling, opened his car door outside the Houses of Parliament in London, hitting a cyclist who was attempting to pass. Fortunately, little damage was caused to both the cyclist and his bicycle.
For one family, tragedy struck on the 27th July 2016 in Leicester. Sam Boulton, a School Teacher, was cycling home along one of Leicester’s busiest city roads. A taxi was parked outside the train station when the passenger opened the door without looking. Sam was knocked off his bicycle into the path of a van. He sustained fatal injuries and sadly died later that day – it was his 26th birthday.
The passenger pleaded guilty and received a £150 fine, which due to her limited income was paid at £50 monthly instalments.
The taxi driver pleaded not guilty but later at the Magistrates’ Court he was found guilty of permitting a passenger to open a vehicle ‘so as to injure or endanger a person’. He was ordered to pay a £300 fine, £635 prosecution costs and £30 victim surcharge.
Sam’s family were represented by Steven Baylis of this Firm.
So what can be done to improve the safety of cyclists and indeed anyone else from being struck by an opening car door. The answer is to go “Dutch”.
The Netherlands have introduced a simple manoeuvre called Dutch Reach. It is a method of opening a car door with the hand furthest from the handle. So in the UK, the left hand of the driver, or the right hand of the front passenger, meaning that the individual about to exit the vehicle is forced to turn their body towards the door, allowing them the opportunity to look over their shoulder to see whether a cyclist or motorcyclist is coming.
By adopting the Dutch Reach method, lives can be saved and help elevate the reputation of Britain’s roads to that of cities such as Amsterdam and Copenhagen.
