CTC Road Justice News

Common driving offences

Thu, 16 Mar 2017, 5:00pm
Tackling common, bad driving offences effectively would help create a safer and more attractive environment for cycling and walking. (This briefing covers: speeding, drink/drug driving, mobile phone use, driving without entitlement). steering_wheel.jpg Headline Messages: 

Penalising bad driving offences effectively would help create a safer and more attractive environment for cycling and walking. In particular, the drink/drive limit should be lowered in England and Wales, and hands-free mobile phones banned.

Note: 'Common Driving Offences' is one of a series of Cycling UK briefings covering various aspects of traffic law and enforcement. Others consider bad driving in the context of the legal framework in general and specific aspects of it including sentencing, prosecution, the courts, the vital role of the traffic police, and driver training, testing and licencing (forthcoming).

Key facts: 
  • Speeding: From 2011-15 (GB), around a quarter of road deaths and 15% of KSIs (killed or seriously injured) occurred in collisions where the police believed that 'exceeding the speed limit' or 'travelling too fast for conditions' was a contributory factor. In 2015, 84% cars exceeded the speed limit on 20 mph roads (47% by 5 mph or more), while 52% of cars exceeded the speed limit on 30 mph roads, even though 89% of people believe that drivers should obey limits.
  • Drink/Drug driving: In 2014 (GB), 14% of all road fatalities (240 people) happened in incidents where a driver was over the limit. In December 2014, Scotland cut its drink-drive limit to 50mg alcohol per 100ml blood, bringing it in line with most EU countries except for England, Wales and Malta where the limit is still 80mg/100ml. In 2015 (GB), the police thought that a driver/rider being ‘impaired by drugs (illicit or medicinal)’ was a contributory factor in incidents in which 67 people were killed, and 350 seriously injured.
  • Mobiles/other distractions: In 2015 (GB), the police thought: that mobile phone use at the wheel contributed to collisions in which 22 people died and 99 were seriously injured; and that ‘distraction in vehicle’ contributed to collisions in which 66 people died and 504 were seriously injured. Drivers are four times more likely to crash when using a mobile phone. Over two thirds of the population feel that the law on using a mobile phone whilst driving is not properly enforced.
  • Entitlement: The Motor Insurers’ Bureau settles around 25,000 claims a year made by innocent victims of uninsured/untraced drivers, including c.120 fatal cases. The risk of crash involvement for un-licenced drivers could range between 2.7 to 8.9 times greater than that for all drivers.
Cycling UK View (formal statement of Cycling UK's policy): 

Exceeding the speed limit

  • Speeding fines are currently too low to have any significant impact on driver behaviour.
  • Extreme speed (e.g. 20 mph+ over the limit) should be treated as dangerous driving in the first instance.
  • There should be no margin over the speed limit at which a driver avoids penalty.

Drink/drug driving

  • The drink-drive blood alcohol limit should be lowered in England, Wales and Northern Ireland from 80mg/100ml to not more than 50mg/100ml, in line with most European countries and Scotland. Novice drivers should not be allowed to drink at all before driving.
  • We support the use of targeted checkpoints, but also believe that the police should be given more freedom to carry out random breath testing.
  • Alcohol interlocks should be fitted in offenders’ vehicles. If successful, the measure should be extended. 
  • The definitions and standards for drug-related driving offences should relate solely to whether a drug impairs the ability to drive; it should not relate to whether it is legal to use it - i.e. over-the-counter and prescription drugs should be included.

Mobile phones and other in-car distractions

  • Use of hands-free mobile phones whilst driving should be banned.
  • More research needs to be done on the impact of other in-car distractions (e.g. SatNavs, radios, in-car computers etc.). Drivers who put others in danger because they have been distracted by such devices need to be appropriately penalised.

Driving without entitlement

  • Any driver convicted of a bad driving offence whilst unlicensed or disqualified, and those who persistently break driving bans or go on driving despite not being entitled to do so for some reason, should receive a custodial sentence for the crime.  
Download full campaigns briefing:  Common driving offences Publication Date:  March 2017

We've done it! Too Close For Comfort meets target in first 48hrs

Fri, 10 Mar 2017, 7:33pm
Cycling UK ‘Too Close For Comfort’ Kickstarter campaign smashes its fundraising target in less than 48 hours. kickstarter_-_close_pass_mat_1_5.png

Cycling UK today (Friday, 10 March) celebrated, as with the help of the UK’s cyclists, they met and exceeded its intended target of £12,000 for their fundraising campaign ‘Too Close for Comfort’ in less than 48 hours. 

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

  1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone. www.cyclinguk.org
  2. Full details of Cycling UK’s #TooCloseForComfort Kickstarter campaign: https://www.kickstarter.com/projects/cyclinguk/toocloseforcomfort-the-close-pass-cycle-mat 
  3. Cycling UK called the ‘Give Space, Be Safe’ campaign on its launch “the best cyclist road safety initiative ever”: https://www.cyclinguk.org/press-release/2016-09-16/cycling-uk-hails-west-midlands-police-%E2%80%9Cbest-cyclist-road-safety-initiative- 
  4. For further information on the West Midlands Traffic Police ‘Give Space, Be Safe’ campaign visit: http://bhamcyclerevolution.org.uk/userfiles/file/BCR%20'GiveSpace'%20Fly...
  5. The Road Danger Reduction Forum gave its first award to West Midlands Police for its ‘Give Space, Be Safe’ campaign in recognition of this “exciting new approach by police services towards danger to cyclists.” https://rdrf.org.uk/2016/11/22/a-new-dawn-in-policing-to-prevent-danger-to-cyclists-the-rdrf-award-to-west-midlands-traffic-police/ 
  6. According to findings from Dr Rachel Aldred’s Near Miss Project, close passes account for a third of threatening encounters cyclists have with motor vehicles. They present a significant barrier for people new to cycling, or who cycle at a more sedate pace (<8mph). The project found close passes are particularly a problem for women, who on average cycle more slowly than men, and experienced a 50 per cent higher rate of close passes.
  7. http://www.nearmiss.bike/wp-content/uploads/2014/12/Nearmissreport-final...
  8. Road traffic police numbers have dropped by 37 per cent over the 10 years of 2004 – 2014. Over the same period overall policing numbers fell by 3.5 per cent: https://www.gov.uk/government/statistics/police-workforce-england-and-wales-30-september-2014-data-tables
  9. Cycling UK's fundraising video was produced and directed by Luke Stanley, www.offthewhale.co.uk

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Roads policing protecting cyclists - with half the budget?

Wed, 8 Mar 2017, 11:22am
The Government has been told that traffic law enforcement needs specialist traffic officers and visible roads policing, but the numbers keep falling alongside the decline in detection of traffic offences. Whilst political will and more resources are needed, does the West Midland's close pass scheme show how, whilst we're waiting, clever enforcement can mean getting more for less? police_officers_on_bikes.jpg Invisible roads policing and evaporating enforcement

Most people will be able to guess my age when I say that I can still remember the days when a cycle ride or car journey would often take you past a traffic officer's patrol car. It was a visible reminder of a roads policing presence and that non-compliance with the rules might have consequences, and potentially for drivers, points on your licence. It made you think about your driving.

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'Car dooring' as an offence must be taken more seriously

Fri, 3 Mar 2017, 2:00pm
Today Friday 3 March, defendants Ms Mandy Chapple (56) and Mr Farook Yusuf Bhikhu (56) were both summoned to Leicester Magistrates Court for the offence of opening a car door, or causing or permitting it to be opened, so as to cause injury, an action which resulted in the death of Leicester schoolteacher Sam Boulton. justice.jpg

Ms Chapple pleaded guilty to the charge and, due to her limited income, was handed a £150 fine, broken down as £80 for the offence, a £40 victim surcharge and £30 court costs. This is to be paid in £50 monthly instalments.

Mr Bhikhu, who was driving the taxi Ms Chapple was travelling in, pleaded not guilty and his case will be heard at Loughborough Magistrates Court on 5 June. 

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

  1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone. www.cyclinguk.org
  2. 'Car dooring' is a criminal offence under Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986 http://www.legislation.gov.uk/uksi/1986/1078/regulation/105/made  and Section 42 Road Traffic Act 1988 http://www.cyclistsdefencefund.org.uk/the-law-for-cyclists-hit-by-vehicl.... However this offence is only punishable by a fine of up to £1,000 and no penalty points can be imposed on the offender’s licence.  
  3. Cycling UK recently made the case for adequate sentencing for car dooring offences in their response to the Ministry of Justice’s consultation on the review of road traffic offences and penalties. 
  4. For further information on the Dutch Reach and Cycling UK’s position see: https://www.cyclinguk.org/blog/samjones/dutch-reach 
  5. Cyclist Sam Harding was killed https://www.cyclinguk.org/cycle/car-door-dangers in August 2012, when driver Kenan Aydogdu opened his car door in front of Harding on London's Holloway Road. Given that this was not a 'driving offence', and the maximum penalty for car dooring was only £1000, the Crown Prosecution Service brought a 'manslaughter' prosecution against him, but he was acquitted despite his windows being coated with dark plastic film, reducing visibility in and out of the car to 17% of their normal level. He was fined £200 for the car-dooring offence.
  6. Cyclist Robert Hamilton was killed in January 2014, when driver Joanne Jackson opened the driver’s door of her car in front of Robert as he was cycling along Linaker Street in Southport. Jackson was prosecuted for a car-dooring offence and fined £305.

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Increasing mobile phone penalties - but will this be enforced?

Wed, 1 Mar 2017, 11:01am
The penalties for mobile phone use whilst driving have increased, but where's the deterrence without enforcement, what about the wider issues with distracted driving, why did the Government listen on this issue, and what's the lesson for other campaigning? Cycling UK's Senior Road Safety Officer Duncan Dollimore investigates. staged_photo_sam_jones.jpg Double points for distraction

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Three years on and still waiting for justice for Michael Mason

Fri, 24 Feb 2017, 9:24am
Tomorrow (25 February) will be the third anniversary of the tragic collision which led to the death of 70 year old teacher Michael Mason, who was hit from behind as he cycled along London's Regent Street. Three years of waiting and fighting, but in five weeks time his family will finally get to hear the evidence about what happened, as the private prosecution finally comes to trial at the Old Bailey.

"My father’s death still touches every part of our lives and our long drawn out attempts to get some measure of justice remains painful", Michael Mason's daughter, Anna Tatton-Brown, told us. "The ongoing support offered us by the Cyclists’ Defence Fund, and the many people who have donated money, is an ongoing source of support and solace."

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Do you do the Dutch Reach?

Fri, 10 Feb 2017, 4:08pm
We all know the Dutch have it pretty sussed when it comes to cycling, but is copying the way they open their car doors going a step too far in our admiration? Campaigns and Communications Coordinator, Sam Jones says not. flickr_cc_amsterdamized.jpg

I’m going to ask a bit of a personal question: do you do the Dutch Reach? If not, why not? 

If you’re one of the many who does not practice the Dutch Reach, I would hazard a guess and assume it is probably because you have never heard of it – yet. 

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Cycling UK's response to the Ministry of Justice consultation on driving offences and penalties

Thu, 9 Feb 2017, 3:54pm
With over 9000 responses to the Government consultation on driving offences and penalties a clear message has been sent - the system needs an overhaul, and just tinkering with it won't do. Here's what Duncan Dollimore, Cycling UK's senior road safety officer has told them they should start with - we'll see if, as the Prime Minister promised on day one in office, this is a government that will listen. 3098344728_6393a0b2b0_b.jpg What weight do they give to public opinion?

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Pevensey cyclists celebrate as lorries barred from country lane

Fri, 3 Feb 2017, 3:37pm
Cycling UK action results in regular HGV movements blocked on national cycle network and walking route. rickney_lane.jpg

Cycling UK, the national cycling charity, local cycle groups including the 1066 Cycle Club and Bexhill Wheelers, and local walkers celebrated a return to safer roads and country lanes yesterday (Thursday, 2 February) as Wealden District Council councillors unanimously blocked retrospective planning permission for a heavy goods vehicle operation to operate out of premises at Chilley Farm, Rickney Lane, Pevensey. 

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

  1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone. www.cyclinguk.org
  2. For information on 1066 Cycle Club go to: http://1066cycleclub.org.uk/ 
  3. For information on Bexhill Wheelers go to: http://www.bexhillwheelers.org.uk/body_index.html 
  4. For information on Countyclean Environmental Services Ltd go to: https://www.countycleangroup.co.uk/ 

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Cycling and the Justice System

Fri, 27 Jan 2017, 11:10am
The parliamentary inquiry into cycling and the justice system kicks off next week. Those who would like the justice system to do a better job for cyclists can support the inquiry, and make a noise about it. Those who prefer to just complain can join the naysayers. Senior road safety and legal campaigner Duncan Dollimore explains...+ 4984060658_1e2fea3c8a_z.jpg

Whilst cycling is a fun, healthy and comparatively safe activity, many people reading this blog will have a tale to tell about what happened to them, a family member, or someone they know. Their story about how, at some point in the process, they believe that the justice system failed them, or simply that something could have been done better is all too common. 

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6,000 say don't make innocent victims pay

Wed, 11 Jan 2017, 12:27pm
Ask yourself, "Who is cheating who?" Is it the pedestrian or cyclist who just wants fair compensation when they're hit by a careless driver, or is someone trying to cheat them out of what's right, and fair? 6,000 of you agreed with us, and have told the government that road victims are real victims who shouldn't have their pockets picked to profit insurers.

Just before Christmas, Cycling UK joined up with walking and road crash victim charities to send a message to the government to think again about changes to civil compensation procedures which restrict vulnerable road users (VRU) access to justice.

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Encouraging car dooring is fine - it's just "heavy irony" says Sunday Times

Thu, 22 Dec 2016, 12:02pm
The Sunday Times says it's fine for national newspapers to print articles promoting and encouraging crime, distressing victims families, and with boasts about the columnist's own attempted crimes. You just print it and say you were being heavily ironic - the poorest excuse for lazy journalism ever. rod_liddle_2.jpg Heavy irony and human foibles

It's all about "heavy irony", according to the Executive Editor of The Sunday Times, Bob Tyrer. Besides, he says, the paper's columnist Rod Liddle is merely "a commentator on human foibles, not a diplomat".

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Sunday Times glorifies Transport Secretary’s car-dooring of a cyclist

Wed, 21 Dec 2016, 3:54pm
The injuries suffered by cyclist Jaiqi Liu, hit by Chris Grayling MP’s ministerial car door, has prompted a mocking response from Sunday Times columnist Rod Liddle. Cycling UK Policy Director Roger Geffen reacts. rod_liddle.jpg

When the Guardian released footage of Transport Secretary Chris Grayling 'car-dooring' cyclist Jaiqi Liu, there were were several aspects of the case that concerned us at Cycling UK.

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Sunday Times told: apologise for "inflammatory and dangerous" anti-cycling article

Wed, 21 Dec 2016, 2:11pm
Cycling UK demands retraction after columnist Rod Liddle supports ‘car dooring’ grayling.jpg

Cycling UK, the national cycling charity, today (21 December) has written to demand a retraction and apology from The Sunday Times following columnist Rod Liddle’s anti-cycling piece published on 18 December.

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

  1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone. www.cyclinguk.org
  2. Cycling UK’s letter of complaint is available to download below.
  3. A similar letter of complaint has been sent by May Hamilton, husband to Robert Hamilton, who was killed in a “car dooring” incident in January 2014, http://road.cc/content/news/129686-woman-who-caused-cyclist-fall-his-bik.... This is available for download below. 
  4. 'Car dooring' is a criminal offence under Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986 and Section 42 Road Traffic Act 1988. However this offence is only punishable by a fine of up to £1,000 and no penalty points can be imposed on the offender’s licence. It is dealt with by the magistrate’s court and the defendant can plead guilty by letter. 
  5. Teacher Sam Boulton died on his 26th birthday, July 27 this year, as he was cycling outside the railway station on London Road in Leicester http://www.mirror.co.uk/news/uk-news/popular-cyclist-killed-26th-birthda...
  6. The Ministry of Justice launched its review into road traffic offences and sentencing in December 2016, which omitted calls from Cycling UK for the inclusion of offences such as “car dooring” https://www.cyclinguk.org/press-release/2016-12-04/government%E2%80%99s-...

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Cycling UK statement on Transport Secretary "car dooring" of cyclist

Fri, 16 Dec 2016, 1:16pm
Cycling UK's today (Friday 16 December) reacted to the news of the car dooring incident involving Transport Secretary, Chris Grayling MP and cyclist Jaiqi Liu, touching upon the criminal and civil legal implications of the incident, and how it highlights the need for national design standards to create Space for Cycling. grayling.jpg

On the criminal implications of the Transport Secretary’s 'dooring', Duncan Dollimore, Cycling UK’s Senior Road Safety and Legal Campaigns Officer said:
 
“Mr Grayling as a former Justice, and the current Transport, Secretary should know it’s a criminal offence to open any door of a vehicle on a road so as to injure or endanger anyone. Currently, it’s treated as a minor offence with a maximum £1,000 fine, despite the fact that people have been killed and seriously injured by car dooring.
 

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

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Cheating victims - a sledgehammer to cyclists' compensation

Thu, 15 Dec 2016, 11:07am
Hit by a car whilst cycling or crossing the road - snapped collarbone - forget fair compensation - the Ministry of Injustice thinks you're a whiplash fraudster! Cycling UK, RoadPeace and Living Streets value road crash victims - and that's why we've launched our "Road victims are real victims" action today. Take part now! Baldric's cunning plan to please the insurers

Pandering to the insurance industry lobbyists, the Ministry of Justice (MoJ) has dreamt up a cunning plan to reduce whiplash compensation claims by car occupants. "I know", said Baldric, "we'll stop those pesky pedestrians and cyclists claiming compensation for fractures after car drivers hit them, that's bound to solve the whiplash problem."

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Whiplash claim plans cause backlash from cycling community

Mon, 5 Dec 2016, 6:04pm
Plans to reform the claims process used by motorists seeking compensation for whiplash injuries are set to leave cyclists and pedestrians with legal bills if they need to make a claim that’s under £5,000. credit_caroline_flickrcc.jpg

A Ministry of Justice consultation seeking to reform the process used by motorists claiming compensation for whiplash injuries is set to affect the pockets of cyclists and pedestrians. While we agree that compensation claims for whiplash do need to be reviewed, we are horrified at the Government’s apparent sledgehammer approach outlined in its whiplash claims consultation.

For more information, contact Duncan Dollimore on duncan.dollimore@cyclinguk.org, 01483 238309 or David Murray on 07786 320 713, david.murray@cyclinguk.org.

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone
2. The Ministry of Justice consultation on “Reforming the soft tissue injury (whiplash) claims process” is open until 6 January 2017 and is available at
https://www.gov.uk/government/consultations/reforming-the-soft-tissue-injury-whiplash-claims-process
3. According to the law firms Slater + Gordon and Leigh Day (both firms support Cycling UK’s position on this consultation), 70% of cyclists’ compensation claims are for less than £5,000.
4. Andrew Bradley at Leigh Day set out in his recent article the range of injuries that could potentially be classified as small claims may include (depending on the severity):

  • fractures to the nose or cheekbone;
  • hernia;
  • collapsed lung;
  • fractured ankle or foot;
  • fractured clavicle, elbow or wrist;
  • neck, back and shoulder injuries with symptoms persisting for up to 2 years;
  • facial scarring;
  • loss of teeth;
  • Post Traumatic Stress Disorder.

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Government’s motoring offences review falls short of what’s needed to truly tackle driving standards

Mon, 5 Dec 2016, 12:14am
Cycling UK expresses both relief and dismay at the Government’s long-awaited review of road traffic offences and penalties. ministry_of_justice_photo_flckr_cc_dun_can.jpg

The Government's consultation on motoring offences and sentencing, first promised in May 2014 in response to Cycling UK’s Road Justice campaign, plans to increase sentences for the most serious offenders but falls short of what is needed to tackle driving standards on Britain’s roads.

Cycling UK Press Office
Email: publicity@cyclinguk.org
Telephone: 0844-736-8453

1. Cycling UK, the national cycling charity, inspires and helps people to cycle and keep cycling, whatever kind of cycling they do or would like to do. Over a century’s experience tells us that cycling is more than useful transport; it makes you feel good, gives you a sense of freedom and creates a better environment for everyone.

2. The consultation, which runs until 1 February 2017, is due to be published on Monday 5 December at https://consult.justice.gov.uk/digital-communications/driving-offences-causing-death-or-serious-injury

3. For Cycling UK’s briefing on common driving offences, visit https://www.cyclinguk.org/campaigning/views-and-briefings/common-driving-offences

4. Motorist Christopher Gard, 30, of Linnet Way, Alton, Hampshire, pleaded guilty to causing the death of Lee Martin in a collision in August 2015 on the A31 near Bentley. Sentenced at Winchester Crown Court on 5 September 2016, Gard was jailed for nine years after admitting causing Lee Martin’s death.

5. It has taken the Government over two and a half years from making the announcement for a review of motoring offences and penalties to today’s consultation. Here is a summary timeline of Cycling UK’s lobbying on this issue since May 2014:

May 2014 – After campaigning from Cycling UK, Government announces a full review of motoring offences and penalties to take place over the next few months.
December 2014 – Cycling UK met with Mike Penning MP, Minister of State for Policing, Criminal Justice and Victims to set out our concerns and proposals. Penning said review could take up to a year.
May 2015 – Michael Gove MP replaced as Justice Secretary by Christopher Grayling MP. Following Cycling UK intervention, review is promised "in due course".
September 2015 – Cycling UK briefed MPs raising questions regarding the delay in progressing the review during a Westminster Hall debate on dangerous driving. Review promised "soon".
July 2016 – Cycling UK briefed Peers to raising questions at a House of Lords debate regarding the delay in progressing the review. A consultation, but not the remit, was promised to commence before the end of the year. 
July 2016 – Christopher Grayling replaced by Elizabeth Truss MP as Justice Secretary (with Grayling becoming Transport Secretary).
July 2016 – Cycling UK wrote directly to Elizabeth Truss regarding the delayed review.
September 2016 - Cycling UK met with MOJ officials, who indicated the public consultation would commence before Christmas into serious driving offences.

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  • Patron: Her Majesty The Queen
  • President: Jon Snow
  • Chief Executive: Paul Tuohy
  • Cycling UK is a trading name of Cyclists’ Touring Club (CTC) a company limited by guarantee, registered in England no: 25185. Registered as a charity in England and Wales charity no: 1147607 and in Scotland charity no: sco42541. Registered office: Parklands, Railton Road, Guildford, Surrey GU2 9JX.