There has been (in our view, justified) outrage about the case of Michael Mason who was run down and killed in central London in February 2014 (reported here and specifically on the inquest here by Martin Porter QC ) largely because the driver was not charged and prosecuted for any driving offence. Issues have been raised about traffic law enforcement which coincide with our conference in November 2014 and the formation of the Traffic Justice Alliance which hopes to address them. Below is our take on the issues, including the response of the Mayor of London to this case.
For us this indicates, above all, a critical and serious failure on the part of the Metropolitan Police Service (MPS). Other issues are raised, such as the discrimination against cyclists voiced in this case (although, as commented on this post by chairrdrf, attitudes towards pedestrians are often as negative as those towards cyclists – and indeed an example is given in another comment to this effect here).
The central point is that there was no charge made by the MPS against the driver, despite the weight of evidence and the guidelines of the CPS , with the CPS not even consulted. This is why the Cyclists’ Defence Fund has decided to assist Mason’s family in the steps they may take to secure justice, with further protest from the London Cycling Campaign
The issue is addressed by one of the commenters on The Cycling Lawyer’s report
Anonymous 17 December 2014 at 19:59
Far be it from me to question a QC’s reporting ability but I can’t help but think there is something missing. As a police officer who served for 22 years this case should have been a walk through for a Due Care charge, and if, as I assume, the death was caused by the effects of the collision, then a charge of causing death by careless driving would have equally been a walk through. But the case was not taken through CPS and why not? CPS guidelines state that a decision on such a case must be taken by a senior representative but they weren’t even asked. As it is reported here, something stinks about this case. Still, as with all actions by the Met, the motto is “Never attribute to malice anything adequately explained by stupidity.” I do hope that someone commences a private prosecution, then at least the CPS might actually look at it. I don’t particularly want the driver punished, but she should be brought to account.
While it might seem obvious what is wrong here, it needs to be clearly stated. If an apparently obvious case of rule- and/or law-breaking driving results in someone (who has been behaving according to the rules) being killed, then a civilised society would expect somebody to be held accountable. This need not exclude methods to engineer vehicles or the highway to reduce the possibilities of such incidents, but as long as such possibilities exist – which they will, whatever forms of segregated or other cycle facility are introduced – then the relevant laws and rules should be applied.
Indeed, this is not simply of concern for cyclists, but for all road users at risk from careless or dangerous driving. The failure to take danger from drivers of motor vehicles seriously has always been an issue, but is even more obvious in an otherwise highly risk-averse culture. Nor is this something which should be seen as vindictive: trying to get a reasonable level of law enforcement with deterrent sentencing (which need not involve custodial sentencing except in extreme cases) is simply a requirement of living in a civilised society.
Questioning of the Mayor of London
Bear these issues in mind when we see how Mayor Johnson responds to questioning on this case by Jenny Jones MLA in this extract here https://www.youtube.com/watch?v=PVANkYv0csk:Jenny Jones’ questioning…
While Jenny Jones has been (and continues to be) a good supporter of Road Danger Reduction, there are some points missed here:
Even if we are witnessing reduced chances of cyclists being hurt and killed – and unlike some others, we believe it can be useful to point out the low chances of being seriously hurt or killed when cycling on London’s roads – what does this mean in the context of the Mason case?
In an assessment of TfL’s first Cycle Safety Action Plan, I have argued that reductions in cyclist casualty rates have little to do with TfL’s initiatives:
But, anyway, none of this addresses what the purpose of initiatives by TfL and the MPS should be. It needs to be repeated that these initiatives should be based on road danger reduction or, as the MPS are now saying, “harm reduction” principles. Looking at traditional measures of “road safety” is inadequate at best. Even showing that an initiative has reduced cyclist casualty rates per journey made by bicycle is of limited use. Road users need to know that threats to their safety are seen as problems whether or not people have actually been hurt or killed by them: the current Near Miss project refers to behaviours that don’t result in injury but nevertheless intimidate.
One can go further. Ultimately the issue is an ethical one: it is about the morality of allowing some road users to endanger others. The Mason case shows that a key way of addressing this – through traffic law enforcement – is not happening.Discriminatory policing?
The November 1st 2014 Road Danger Reduction and Enforcement conference has, I believe, been a key event in focusing attention on the need for high quality traffic law enforcement. The conference was called by organisers RDRF, RoadPeace, CTC and LCC because whatever highway infrastructure is in place, road users in general and cyclists and pedestrians in particular will still be at risk from inappropriately driven motor vehicles. Hosted by LB Southwark, the conference was notable in being booked out despite being held on a Saturday, with Councillors from seven Councils in London as well as transport and road safety professionals and campaigners. Before the Michael Mason case there has been a clear demand for enforcement as part of a programme of stigmatising and deterring behaviour which endangers others.
In my presentation I raised the issue of whether the MPS – and other police forces in the UK – are biased in ways which do not allow for a non-discriminatory focus on harm reduction. Looking at policing in this way is not an attack on the police – quite the contrary. It is arguing, as Equal Opportunities culture (taken up the police as well local authorities) has propounded throughout its development, that discrimination occurs through failing to question background assumptions. It argues that discrimination happens when everyday beliefs are the basis for actions, whether intentionally or not.
This issue was raised at various times during the conference. Two important comments were made by Sgt Simon Castle (MPS), a long serving traffic police officer and currently working for the Cycle Task Force. On the question of whether there is excessive concern on cyclist misdemeanours compared to those of drivers, he commented that he had no problem dealing with cyclist law-breaking if motorist law-breaking was targeted as well he had no problem dealing with cyclist law breaking if motorist law breaking was as well.
But that’s what so many of us see as the central problem: we do not think that the numerous forms of rule and law breaking driver behaviour (whether as careless or dangerous driving or other offences) are addressed in a way which reflects their potential to threaten others.
The other comment was in response to my suggestion that a form of equal opportunities procedures should be used to deal with preconceptions of unacceptable road user behaviour. Sgt Castle’s comment indicated that police officers do indeed reflect the prejudices of the population as whole: “The police are the people and the people are the police”. But if commonly held prejudices are indeed held by those charged with enforcing the law, that should be seen as the problem – and one we need to address as a priority. It should not be seen as an acceptable fact of life.The Traffic Justice Alliance
Those attending the conference demonstrated a massive desire to see the MPS developing a Traffic Law Enforcement Strategy and action plan based on a harm reduction (or road danger reduction) approach. Key asks were for:
In order to push this Road Danger Reduction and Traffic Law Enforcement agenda along, a Traffic Justice Alliance has been formed in London: so far organisations RoadPeace, Road Danger Reduction Forum, LCC and 20s Plenty, and Cllr Caroline Russell (LB Islington) and Brenda Puech (Disabilities consultant) are represented on its Committee. We’ll be publishing the formal Key Performance Indicators we would like TfL and MPS to employ; our involvement with local communities in matters such as achieving compliance in 20 mph areas; and reviews of what we see as the issues with regard to levels of law enforcement and traffic offences in London.
Watch this space…
Postscript: To help the family of Michael Mason you can make an online donation to the Cyclists’ Defence Fund to support its work on cycling and the law – such as challenging unduly lenient law-enforcement of dangerous drivers, unjust prosecutions of cyclists, and highway and planning decisions which disregard cyclists’ needs. Or see information on other ways to donate to CDF here
Cycling culture is a term which is nebulous enough that it can mean significantly different things to different people.
To some, it will bring to mind images of hipsters and the fixed gear scene, or the likes of the counter-cultural Critical Mass movement. To others, it will invoke the BMX scene, or road cycling clubs, or people who live and breathe mountain biking. The one thing linking all of these ideas of cycling culture is that their members all take the bicycle and make it a significant part of their identities.
Because of this, I find it weird when “cycling culture” is discussed as a cause of cycling being a mainstream mode of transport in The Netherlands. The implication is that Dutch people are not choosing how to travel primarily based on their experience of their environment, but because of some sort of unique “cycling culture” which is a part of being Dutch. This implies that this ill-defined “cycling culture” would need to be somehow replicated in the UK in order to allow cycling to become a mainstream mode of transport here. Some people may make the further inference that replication of this Dutch “cycling culture” is sufficient in itself to allow cycling to become a mainstream mode of transport.
Also worth noting is that just because driving is the dominant mode of transport in the UK, it does not follow that the UK has an equivalent “car culture” which is a part of being British. Certainly there are car and motorsport enthusiasts who make the car part of their identities, but this is hardly typical of the average person in the UK. I also occasionally see arguments that the use of cars as status symbols in the UK produces a culture of driving and works against the cause of cycling as a mode of transport. Whilst there are also people who spend a lot of money on cars which they see as status symbols, these are also the kind of people who will spend money on other conspicuously expensive items in exactly the same way. It is the display of having the means to buy the car which is important, not the car itself (or the watch, clothes, house, boat, etc.). Again, I don’t see this being a major factor in the dominance of driving as a mode of transport in the UK. This kind of behaviour can also be seen in The Netherlands. Just owning a car is not in itself much of an indicator of socio-economic status nowadays.
The truth is that The Netherlands has no cycling culture and the UK has no car culture. What both countries have is people who choose how to get around by picking the path of least resistance, based on their own experience. Whereas for British people choosing the car is usually the path of least resistance, for Dutch people choosing the bike is often the path of least resistance. This is not due to a difference of culture, but an result of the differences in the built environment.
Certainly, there are also additional non-infrastructural factors increasing the attractiveness of cycling in The Netherlands, such as the provisions organisations and businesses make for people travelling by bicycle, but these are a reaction to the transport choices people make, not the main reason they make them. This reaction serves to reinforce the effect of the built environment on transport choice, as it does in the UK.
The argument that The Netherlands has a particular cycling culture which we would need to somehow replicate here for cycling to become a mainstream mode of transport is at its best cargo cult thinking, and at its worst, acts as an excuse for inaction and a quiet acceptance of the status quo.
Infrastructure is the foundation of cycling as a mainstream mode of transport. Nothing else will stand up if that foundation is not there first.
About 6 weeks ago I did a series of tweets of my initial thoughts on cycling in Rotterdam. I want to spend a few minutes expanding on them.
1. You can cycle everywhere, the quality of the infrastructure varies but you can guarantee that it exists.— Paul James (@pauljames) November 4, 2014
Rotterdam is not renowned within the Netherlands as a great place for cycling, but you have to remember that it’s got a lot of serious competition. First a quick history lesson.
In the Second World War, as a key position between Germany and Britain, Rotterdam was bombed completely flat by the Nazis in a bid to break the Dutch resistance and force the Netherlands to surrender. After a day of intense bombing, the entire city centre (2km square) was burned to the ground, the only medieval building to survive was the church of St Lawrence.
This meant the city had to be rebuilt, between the 1950’s and 70’s it was transformed into a modern US style city with large blocks and wide boulevards. Luckily, at this point the Dutch had already started down their path of building cycleways along main roads and so a comprehensive cycle network along the boulevards was also built.
The centre of the city has cycleways on each side of the main streets, they are 2+ metres wide, smooth and flat and meet at block corners with large traffic light controlled junctions. Due to the width of the cycleways and the streets in general (2 x tram lanes + 4-6 x traffic lanes + 2 x cycleways + 2 x footways), salmoning is common as there’s plenty of space to pass people coming the other way while crossing and then crossing back to get to a destination on the near side is much slower than going against the flow for a short distance.
Further out of the city centre, in the newer parts of town and along the Nieuwe Maas riverside, bi-directional cycleways are the norm as sideroads are fewer and further between and there’s more space between the main roadway and the cycleway reducing the problems when roadway and cycleway must cross.
Sometimes the cycleways do run out, but when they do you are either out of the city and have a quiet access road without through traffic, or there are still cycle lanes better than any in London. Some areas of the city are old and the bike infrastructure looks it, but motor traffic numbers are restricted or there are much better alternative parallel routes.
Although Rotterdam isn’t like the medieval streets of many European cities, I think there are many lessons for London and beyond to learn from it.
What is ‘natural’?
The word, formally, means something that is not made, or caused, by humans. But this strict definition is very rarely employed. We use the word ‘natural’ to describe all kinds of things that are not ‘natural’ at all. Indeed, Britain has a very confused sense of what is actually genuine ‘nature'; very little of the landscape of this country is ‘natural’ at all.
Places like the Lake District – perhaps the archetype of ‘natural beauty’ – really aren’t very natural, in the conventional sense of the word. The Newlands Valley, pictured below, was extensively mined from Elizabethan times until the 19th century, and the current landscape is essentially the product of sheep grazing; human intervention writ large.
And our impressions of the value of ‘natural’ have changed over time. Genuine wilderness was seen as something terrible; scary and forbidding. Upland areas like the Lake District were not valued at all by societies that relied upon productive land. It was only with the advent of the romantic movement, arising in response to growing industrialisation, that the British public began to value landscapes that had little apparent sign of human intervention, although in truth these were landscapes largely created by humans. The romantic movement attached value to the pre-industrial, in the context of their concerns about the spread of industry and urbanisation across Britain, and we are still living with this attitude to ‘nature’ today.
So we have a confused, and evolving, sense of what is ‘natural’. What this word really means, in practice, is a landscape that has been formed by human activity, but human activity of a certain kind. Implicitly, this is human activity that is ‘rural’, not involving features associated with the urban environment, or industry.
This has particular pertinence for cycling infrastructure, and the forms of it we are seemingly prepared to tolerate in ‘rural’ areas. Muddy paths, or tracks formed of rough or loose stone, are acceptable. They look ‘natural’, despite the fact they are clearly a human intervention on the landscape.
But providing tarmac paths, properly surfaced with good drainage, is something that is still anathema in many parts of Britain, almost certainly because it falls under the description of something that is not ‘natural’. This is the legacy of the early 19th century Romantic movement, and its revolt against industrialisation – that only certain forms of human activity are acceptable in an ill-defined ‘countryside’. Muddy paths – while as obviously anthropogenic as tarmac ones – fit into our ‘natural’ template, while tarmac paths don’t.
For whatever reason, these attitudes do not seem to bedevil the Netherlands. To speculate, this might be because so much of their country is engineered, and reclaimed – a selfmade land, built by humans, for humans. But even in areas that look, to British eyes, ‘natural’, smooth tarmac paths are always provided. If it is a route that serves a useful transport function, then the surfacing reflects that, rather than preconceived ideas about fitting it in with a hypothetical ‘natural’ character.
Earlier this year, I cycled from west to east across the country, predominantly through rural areas, and not once was I ever cycling on anything other than tarmac or concrete.
Yet in most parts of Britain I suspect this kind of provision would be met with resistance. This is especially true in West Sussex, which I think has a particular problem, probably worse than other parts of the country.
To glimpse why, we need only look at the Downs Link. This is the former railway line, that used to run between Guildford and the English channel, at Shoreham, until the railways running on it – the Cranleigh Line between Guildford and Horsham, and the Steyning Line, between Horsham and Steyning – were closed in the late 1960s following ‘the Beeching Axe’. In hindsight, this was obviously a huge mistake, as a railway link between Horsham and Guildford in particular would be tremendously valuable today.
But even without the railway returning, the Downs Link has great potential as a transport link between the villages and towns it connects. With shallow gradients and direct routes into the centres of these places, it’san open goal to open up mobility in these rural areas, blighted by dwindling public transport. Even as it stands today, it’s tremendously popular as a leisure route, mainly because it’s one of the few areas where families can easily cycle long distances in West Sussex without being menaced by motor traffic.
But there is – of course – a problem here, namely that the Downs Link does not have a suitable surface. It is mostly composed of mud, interspersed with large chunks of gravel (at best!); just about acceptable in summer, but come the autumn, it becomes very muddy, and unsuitable for use by anyone who does not have a mountain bike, or who is not willing to get covered in mud.
That means that it does not form part of the National Cycle Network, despite being a direct, traffic-free link between some pretty major towns and villages. On the Sustrans’ website, it even comes with a health warning.
This is because West Sussex County Council refuse to provide a tarmac surface on the Downs Link. Which – let’s remember – was a railway line until 1966, so hardly ‘rural’ in origin. It passes through cuttings and tunnels, and along embankments, and in form is plainly a human intervention in the landscape, albeit one that West Sussex County Council continue to insist should have a mud and gravel surface, rather than one of tarmac.
Below is an excerpt from an email sent by a West Sussex County Council Transport Planner, in response to requests to provide tarmac surfacing on this route.
tarmac creates an urbanising effect for recreational walkers and creates more surface water run-off and drainage issues. Many off-road leisure cyclists with mountain bikes (myself included) also prefer non-tarmac surfaces. Cyclists with road bikes do, of course , have alternatives to the Downslink… It is therefore, unlikely that WSCC will be seeking a tarmac surface for the Downslink, except where it crosses any new roads [my emphasis]
New roads (of which there are many now being built around Horsham) will, of course, have tarmac surfaces, so where the Downslink crosses these new roads – hey, you’ll get some tarmac! For free! Because that’s a new road! Enjoy that tarmac as you momentarily cross it!
Elsewhere, you’ll just have to carry on with the mud and gravel, because laying tarmac ‘creates an urbanising effect’. Which is fine if we’re building lots of new roads through the countryside, but plainly not for cycling, which West Sussex County Council persist in seeing as some kind of leisure pursuit, a ‘keep fit’ activity for mountain bikers, rather than as a viable mode of transport. Witness the implication that the preferences of ‘off-road leisure cyclists’ should be considered ahead of people who don’t want to get covered in mud, or people with pushchairs, or people using wheelchairs, or mobility scooters.
Indeed, this isn’t really just about ‘cycling’, at all. The refusal to provide high quality surfaces on these kinds of paths means that they are a no-go area for many people with mobility problems. This was an issue picked up (believe it or not) by Prince Charles when he guest-edited the BBC CountryFile programme last year. Muddy paths and tracks, in combination with poorly-designed gates, mean that these routes are not usable by these groups, as well as by anyone who wants to use a bike for practical, utility purposes, not just for leisure, or mucking around. This is to say nothing of the relative attractiveness of these routes as an alternative to the car if they are surfaced in mud and gravel, compared to the tarmac you will obviously find on the equivalent route for motor traffic.
By contrast a properly surfaced route is something anyone can enjoy.
This refusal to upgrade bridleways and footpaths in allegedly ‘rural’ areas on the grounds of having an ‘urbanising effect’ is sometimes ridiculously myopic, and counterproductive in policy terms.
To take an example. The large village to the west of Horsham, Broadbridge Heath, is currently being greatly expanded by a new housing and shopping development, adding many thousands of people to the area. You can see the scale of this development in the satellite view on Google.
A new dual carriageway is being built through this development (you can just about see the route on the view above), running east west and connecting with the existing bypass of Horsham (running north-south) at a gigantic new grade-separated junction, near the bottom of the image above.
This is what it looked like during construction in October.
And then being surfaced (with tarmac, naturally) in November.
Plainly, this is a large, ‘urban’ (if you like) intervention in the landscape.
The Horsham Cycling Forum had spotted – in the context of all this development – that there was some potential for this new area (and indeed the village of Broadbridge Heath as a whole) to be connected up to Christs Hospital railway station, which sits on a main line into London Victoria, which also carries trains to the south coast, including Portsmouth and Southampton. From Christs Hospital you can be at Victoria in around an hour.
Such a route would have significant distance advantage over the driving route, which is circuitous, and involves country lanes as well as A-roads.
There is an existing path that runs approximately along the line of the red arrow; but (unsurprisingly) it is not suitable for anyone who doesn’t have a mountain bike, or a pair of wellies. The picture below was taken in June.
At Christs’ Hospital station itself, this path uses a pre-existing bridge under the railway line, which hints at a slightly more functional route, at some point in the past, than the current muddy bog would suggest.
Closer to the new development, to the north, the path skirts around the edge of these fields.
This could quite easily be a beautiful, safe and attractive walking and cycling route to a mainline railway station, reducing the current amount of driving to the station, and future demand created by the development. In the context of the amount of money being spent on the development here, it would cost peanuts, and in the context of the intrusion into the landscape of the whole development, a 2-3m tarmac path running through this landscape would pale into insignificance.
But this is West Sussex, and of course our suggestions have been rejected, due to – guess what – such a surface having an ‘urbanising effect.’
So sadly many more people will be driving this short distance to Christ’s Hospital station, needlessly clogging up local roads, and exacerbating the existing parking problems at the station itself.
More motor traffic on the roads; more pollution, more noise, more queues, and (probably) a much bigger car park required here. Ironically, all because tarmac is ‘urban’ rather than ‘rural’.
The final example also involves Horsham and a different satellite village, this one a couple of miles to the south – Southwater. Below is the current state of Horsham District Council’s official designated ‘Cycling Route’ – grandly entitled ‘Pedlars Way’ – between these two large settlements, of around 55,000 and 10,000 people, respectively.
As you can see, it is effectively unusable for anyone who does not want to get muddy between September and April, and pretty uncomfortable for the remaining part of the year. Once again, this official ‘route’ is nothing more than a muddy track, composed of mostly of slippery clay and leaves, as well as bog.
Yet with a little bit of willingness and imagination, it could be transformed into a really attractive link between the two settlements, suitable for use all year round, by anyone. With some clearing of foliage and minor excavation at points, the path is easily wide enough to accommodate both a 2m wide tarmac strip and a muddy track alongside, for use by horse riders or mountain bikes.
Perhaps something like this.
The issue of a safe and attractive route between Horsham and Southwater was brought into sharp focus by the death last week of a man cycling on the road (which naturally has a tarmac surface) which runs parallel to the official muddy ‘Pedlars Way’ route – killed in what appears to be a head-on collision with a motor vehicle.
Kerves Lane – where the collision occurred – lies only a few hundred metres to the east of this track, but if you have not got a bike capable of handling mud, or you simply don’t fancy getting muddy yourself, it is (currently) the best available option for cycling between Horsham and Southwater. (The most direct route – the main road south out of Horsham – carries tens of thousands of motor vehicles a day, and also involves negotiating an insanely dangerous 70mph roundabout on a bike).
Despite being a rural road, Kerves Lane carries a significant volume of motor traffic, principally because it is a much more direct route to Southwater for drivers travelling from the east side of Horsham than the main A24, and also because it avoids the need to negotiate the aforementioned large roundabout on the bypass that passes between Horsham and Southwater. It is unattractive, so much so that I have stopped using it myself, opting instead for a lane even further east (just visible on the map above).
How many people are cycling on Kerves Lane (which is clearly less direct), because of the conditions on the muddy ‘Pedlars Way’ route? In principle, it should be much more attractive, because it is more direct, and also traffic-free, but I suspect many are opting for the road because of the poor conditions on the official route.
I think these examples (doubtless there are many, many more, across Britain) point to the desperately poor outcomes that result from a refusal to consider high quality surfaces in an allegedly rural context. Our strange ideas about what is apparently ‘natural’, and therefore valuable – informed by a centuries-old romantic movement – are actually inhibiting good policy outcomes, in terms of transport, health and environment. It is more than likely that the refusal to tarmac the kinds of routes outlined in the post here is, at a national level, creating huge environmental problems in terms of car dependence, and needless car use for short trips. Ironically, it is this, if anything, that is doing most to erode what we perceive as ‘natural’ – not good surfaces for walking and cycling in rural areas.
To summarise, this obsession with ‘natural character’
For all these reasons, isn’t it time we jumped forward two hundred years to 2014, and engaged seriously with the benefits of properly designed infrastructure for walking and cycling, wherever it happens to be, and wherever it needs to go?
If you haven’t done so already, I urge you to read Martin Porter’s cool and neutral summary of a case he was involved in – the inquest into the death of Michael Mason, hit by a car on Regent Street in London in February this year, dying a few weeks later.
The facts speak for themselves. Mr Mason was cycling north on Regent Street, and was hit from behind by a Nissan whose driver, by her own admission, completely failed to spot him ahead of her, despite him having a bright rear light, rear reflectors, and travelling on a road well lit by street lights (the collision occurred at 6:20pm). She did not brake before the impact, and was travelling at between 20 and 30 mph.
Regent Street is – as anyone who has walked or travelled along it will know – a busy shopping environment, with pedestrians thronging the pavements, and (frequently) crossing the road, informally. The point at which the collision occurred is maybe slightly less busy than the areas further south, but still a place that is dominated by pedestrians, especially at rush hour. It is unsurprising, therefore, that the driver made this remark at the inquest, about what she did after the collision occurred -
I stopped and ran back, it could have been a pedestrian.
Unaware of what, or who, she had hit – having failed to see it, or him, or her – quite rightly, she reasoned that it could have been a pedestrian. Someone innocently crossing the road. As it turns out, it was someone on a bike.
Why should that matter? What difference does it make, when you are hit by a motor vehicle whose driver has completely failed to see you in the road, whether you were on foot, or astride a bicycle?
Well, apparently it does – if you are on a bike, then you should come to expect comments about the kind of ‘safety equipment’ you should probably have been wearing. A hi-visibilty jacket, and a helmet.
The Court News UK report of the inquest is entitled (rather crassly, given the circumstances of the case)
MASON: BIKE SAFETY CAMPAIGNER WAS NOT WEARING A HELMET WHEN HE WAS KILLED
If Michael Mason – a safety campaigner – had been crossing the road on foot when he was killed, would such a headline have been employed?
Mr Mason, who was not wearing a helmet, was rushed to St Mary’s Hospital, Paddington, immediately after the accident at about 6.25pm on 25 February, but slipped into a coma caused by catastrophic head trauma.
Again, would a pedestrian killed in an identical fashion on Regent Street be subject to this editorialising?
Martin Porter does point out that the Coroner – while commenting on the lack of hi-visibility clothing and helmet – did not go so far as to suggest that the wearing of a helmet, or a hi-viz jacket, would have made any difference whatsoever. However, he did have this to say -
Recording a verdict of accidental death, coroner Dr William Dolman said: ‘Mr Mason was clearly a very fit 70-year-old man who had been cycling for many years, cycling was his preferred mode of transport… Mr Mason was not wearing a helmet, and while this may not be a legal requirement his most severe injuries were head injuries both inside and outside the skull.’
Which does carry an implication that his injuries may have been lessened, or indeed that he may have survived, had he been wearing a helmet.
Again, it is worth observing here that comments of this ilk would not have been made had Mr Mason simply been crossing Regent Street on foot, rather than travelling along it by bike, when he was fatally struck.
There is a good reason for this.
We simply don’t expect the millions of people who use Regent Street and Oxford Street, on foot, to look like builders. We do not expect them to wear helmets and hi-visibility clothing; we do not expect them to don personal protective equipment to visit the shops, cafes and restaurants in this area, or to get to work. That would – rightly – be seen as a very silly proposition indeed.
By contrast, there is a subtle and insidious expectation that people using Regent Street and Oxford Street on a bike should be wearing this kind of equipment. This despite the fact that someone like Mr Mason was killed in a way that a pedestrian could very easily have been killed, by an inattentive driver. Indeed, it was nothing more than chance that meant that it was him in the way of that driver, at that moment, and not someone else, probably wearing darkish clothing, crossing the road on foot.
If we were to be more consistent, as a society, we would acknowledge this similarity, and appreciate that people in the act of crossing urban roads and streets on foot are just as at risk (perhaps even at more risk, given that they are not accompanied by bikes with reflectors and lights) as people navigating those same roads and streets by bike. It seems to me that it is nothing more than prejudice about a minority mode of transport that is stopping us from doing so.
Last year I wrote about how Ben Hamilton-Baillie – one of the foremost proponents of the ‘shared space’ philosophy – does not appear to be all that concerned about addressing motor traffic in urban areas. His designs are mere rearrangements of the way motor traffic moves down a street. In his talks and presentations, his vision of ‘urban realm improvement’ tends to involve removal of the physical manifestations of our attempts to control motor traffic, without reducing or removing that motor traffic itself.
Yesterday Matt Turner spotted an interview with Hamilton-Baillie that provides a remarkable insight into the mindset of ‘leading international expert on the development of “Shared Space”’, as he is described.
It’s a relatively old interview – dating from 2010. However, it appears to confirm not only that Hamilton-Baillie doesn’t really care about motor traffic reduction in urban areas or (more specifically) prioritising more efficient and safer mode of transport within them, but, more than that, he actually seems to think existing levels of motor traffic in British towns and cities should be maintained.
It starts with some odd explanations from Hamilton-Baillie for the apparently rising popularity of ‘shared space’, and its philosophy of ‘integrating’ human beings and motor traffic in urban areas.
The Genome Project, understanding our DNA, and the remarkable intricacies of our interconnections, has allowed us to question many of the assumptions that gave rise to conventional traffic engineering and the principle of segregating traffic from other civic and social aspects of cities.
Because we’ve sequenced the base pairs in the human genome, we’ve understood that motor traffic shouldn’t be separated from civic life in cities? If you are not convinced by this ‘DNA’ explanation, maybe a change in the nature of political philosophy over the twentieth century could tempt you.
During the last century, governments of both the left and right tended to assume that the state should assume responsibility for resolving all potential conflicts and interaction through increasingly complex regulation and control. The evolution of the traffic signal illustrates this tendency perfectly, removing the need to think and respond from the driver, and attempting to control behaviour through technology and legislation. We now understand more about the downside of states over-regulating and over-planning.
Or maybe it’s just that traffic control is expensive, and shared space is cheap.
In addition, the fiscal realities of the European Union are having an effect. Even if they wished to, governments can now no longer afford the huge costs of regulating, controlling and enforcing every aspect of traffic behaviour. Traffic lights, signs, markings, barriers and bollards cost a fortune, and the recent public spending crises have highlighted the need to question the role of the state in many areas. The idea of streets and spaces being left to informal negotiation and local social protocols chimes with initiatives such as the new “Localism Agenda” in Britain, or what David Cameron refers to as “The Big Society”.
It’s worth reminding ourselves here that one of the most widely-known and prominent ‘shared space’ schemes in Britain, Exhibition Road (which is lauded in this interview) weighs in at a cost of around £35,000 per metre - £29m for 820m of road. But clearly it’s ‘conventional’ street engineering – tarmac, kerbs and so on – that is expensive. Or so we are led to believe.
We then move on to Hamilton-Baillie’s philosophy, which is quite explicitly argued.
I think shared space represents a fundamental rethink of the principles of segregation espoused by Colin Buchanan and his team when he wrote the influential “Traffic in Towns” in 1963. In contrast to Buchanan, I see no need to separate or segregate urban traffic from other aspects of civic space. [my emphasis]
Well, on the contrary, I see plenty of reasons to keep urban traffic (in this context, clearly motor traffic) away from civic space. Noise, pollution, danger, amenity, to name just a few. If you continue to allow motor traffic to flow, unrestrained, through urban areas, and the civic space within them, you will end up with a low quality environment.
This is what Colin Buchanan, and the ‘Traffic in Towns’ report, appreciated, even if the solution it prescribed was misguided. Streets full of motor traffic are fundamentally pretty awful. We don’t need to ‘rethink’ the principles of segregation – we just need to apply them in a more humane way, a way that puts people walking, cycling and using public transport first, and segregates the car away from them, rather than segregating human beings away from motor traffic. This is something I’ve argued at length before.
Curiously, however, Hamilton-Baillie doesn’t appear to believe in putting efficient, safe, urban-scale modes of transport like walking and cycling first, and prioritising those modes of motor traffic.
… Shared space is all about integration, and that means avoiding over-attention on any one factor or group… We are asked to support groups campaigning for motorists, and groups campaigning against the car – all sorts. But shared space is not about promoting the interests of one particular group or user over another, but merely about setting the stage for different activities to interact.
Shared space is ‘all about integration’, and when different modes are ‘integrated’, it is of course impossible to prioritise one over another, because such prioritisation requires separation.
All we are left with is some cod nonsense about a blank slate – a ‘stage’ on which ‘different activities’ can ‘interact’.
Having already stated that
Traffic and movement is the life-blood of cities
(again, a reference to motor traffic), the interview concludes with a curious pean to the virtues of motor traffic in urban areas, juxtaposed against Jan Gehl’s philosophy of creating people-centred urban areas -
I am a great admirer of Jan Gehl and his colleagues, and they’ve done absolutely wonderful work. Copenhagen is a phenomenal success story. But I feel that that generation has run its course in the sense of that there’s only so far you can go with exclusion [of the car]. For them the removal of the car is an overriding theme. At times, of course, it’s appropriate. But reality is that the car is with us, for better or worse, for at least a couple of generations. It’s a wonderful liberating technology. For all its downside it has transformed most of our economic and social lives. And shared space offers the opportunity to welcome and exploit the good side of motor traffic, as it were. It needn’t be a destructive force for streets, for cities. [my emphasis]
It would be interesting to know what the ‘good side of motor traffic’ in urban areas actually involves. My personal opinion is that we should be doing everything we can to make the alternatives to travel by car in urban areas as attractive and as easy as possible, because doing so would make our towns and cities vastly safer and more pleasant. This isn’t about engaging in a ‘war’ on the car, but more about opening up choice, and prioritising the alternatives.
But it seems that Hamilton-Baillie doesn’t share this approach. The status quo – with a huge percentage of short urban trips made inefficiently, inconveniently and expensively by motor car – is something he apparently wants to preserve, albeit with that motor traffic travelling around on fancy paving, rather than conventional tarmac. No mode of transport should be prioritised; we should all be ‘equal’ on the stage of ‘shared space’.
It’s not a hugely enticing vision.