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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Who said "a cyclist must be allowed his wobble?"

Customer Question

who said "a cyclist must be allowed his wobble?"
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
-Could you explain your situation a little more?
Customer: replied 10 months ago.
I sit in traffic in London and watch bikes and motor bikes go squeezing through gaps that a mouse couldn't get into and I wonder how can it be that if we the motoring public have to give cyclists three feet of wobble room, how can it be that they don't have to give it to themselves?
Expert:  Jo C. replied 10 months ago.
It is a different point really.
There is no duty to give a motorcycle or pedal cycle a specific amount of room although I suppose driving too close to one could be considered driving without due care and attention.
A pedal cyclist isn't bound by every element of the RTA as a pedal cycle is not a mechanically propelled vehicle. There are offences that do apply to pedal cycles but not driving without due care.
A motorcyclist can commit the offence of driving without due care but I'm afraid I can't agree that filtering gets over the hurdle. That is the whole point of motorcycles.
On your primary point though, the fact that somebody places themself at risk does not provide a defence for those placing them at risk on separate occasions.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
thanks Jo it was a very famous Lord Chief Justice who said it but I can't remember which one.
Customer: replied 10 months ago.
It was in the 60's or 70's
Customer: replied 10 months ago.
It was pre Lord Chief Justice Parker I'm sure. I was hoping you folks would be the fountain of all knowledge and tell me who said it...can you not help?
Customer: replied 9 months ago.
Could you finish helping me on the question I asked on 2/Feb/16 please.

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