There are two separate issues this letter covers; firstly your direction for Addison Lee drivers to illegally use the bus lanes and secondly your article in Add Lib regarding cyclists. Enclosed with this letter is a copy of the Highway Code which you may wish to refer to in future and we'd recommend familiarising yourself with it before heading out onto the public highways.
Further, the High Court injunction brought by TfL has now been granted so we trust that you will now refrain from instructing your drivers to use the bus lane and offer to indemnify them against action for doing so.Regarding your 'article' in Add Lib. It's clear from your recent comments that you're still rather confused as to why people have taken issue with the content of this article and you claim you simply wished to start a debate. This is either particularly disingenuous or deeply ignorant of the actual issues. Had you really wished to start a debate you could have easily contacted any of the London cycling organisations or ask what you, as a company, are able to do. You also claim that cyclists didn't really understand what you were trying to say but this is not the case. The content of your article is something that directly affects cyclists who are all too familiar with the type of ill-founded and ignorant statements you printed. People would not react if they didn't feel moved to do so by their own experiences; these are people that are directly affected by your actions. If you truly weren't aware that publishing an opinion piece like this in transport company literature wasn't appropriate then maybe you've since reconsidered this?To cover a couple of points: As you should know 'road tax' does not exist. The use of this phrase, along with your other comments, is used by many to elevate the rights or abilities of drivers over cyclists. Cyclists also pay for roads out of general taxation as does everybody regardless of how often they use them. Vehicles pay Vehicle Excise Duty which is based on emissions; which your fleet produces in large amounts. Furthermore pedestrians and cyclists use the road by right of way, motorists do so under license.Your statement that 'should a motorist fail to observe a granny wobbling to avoid a pothole or a rain drain' displays a woeful lack of understanding of sensible and safe driving. Highway Code Rule 213 explicitly states that vehicles must give plenty of room and pay particular attention to any sudden change of direction cyclists may have to make. Your article also does no cover any details that according to a Department for Transport study 75% of accidents are the fault of the driver and that the perceived 'risky' behaviour you have subsequently commented upon is a very small contributing factor. Nor did you mention that 82% of cyclists in Britain also use a vehicle. This would suggest that cyclists are indeed trained yet this can not protect against poor driving. Although I'm sure that we could argue back and forth about the rights and legalities of cyclists and motorists but the fact still remains that there is not one person in London with as many vehicles to their name that is acting with such an utter disregard for other road-users; it would be difficult to find a person acting as irresponsibly. Rather than taking cheap shots at other road-users it would be a much better use of your time to accept responsibility for your part in road-safety and instead of instructing your drivers to break the law, instruct them to drive with a real respect of other people on the roads. At what point do you stand back and say just how much money is enough? At what point is encouraging the breaking of the law and jeopardising of life worth the extra profit?The London Cycling Campaign has kindly agreed to be your escort on a bicycle ride around London where they will be able to explain the issues facing cyclists on the roads to you first-hand. Please email info@lcc.org.uk to arrange your guided cycle. If you do not have a bicycle you can use I'm sure they will be able to find one you can borrow.You are the chairman of a transport company so it'd be advisable to accept your responsibilities and act like one.The court's decision is now at http://ipayroadtax.com/no-such-thing...with-cyclists/
From this:|
...it is, in my judgment, appropriate to grant the interim declaration sought by Mr Chamberlain subject to the additional wording by way of clarification requested by Ms Demetriou QC and agreed by Mr Chamberlain viz. “The indemnity given in respect of fines and other liabilities incurred as a result of contravention of legislation governing the use of bus lanes in the Addison Lee Driver Notice of 14 April 2012 (and repeated subsequently) is void and unenforceable as respects contraventions of that legislation occurring after 14 April 2012. However, any decision of the Defendants, taken in a particular case after a fine has been imposed or other liability incurred for contravention of the legislation governing the use of bus lanes, to discharge, or reimburse any person in respect of such a fine or liability, would be lawful.” ... This was subsequently confirmed in the undertaking proffered by Ms Demetriou QC on behalf of the defendants being in the following terms: “The Respondents will not communicate to any person, in advance of a fine or liability being incurred by such person for contravention of legislation governing the use of bus lanes on or after 25 April 2012, that they will discharge or reimburse such fine or liability whether pursuant to the indemnity contained in the Addison Lee Driver Notice of 14 April 2012 or otherwise.” |
The court's decision is really then that they should not, in advance of an offence, offer to indemnify them against this offence. Should they wish to pay fines relating to an offence, they are allowed to do so.
Addison Lee are not legally allowed to use bus lanes and would incur fines relating to this should they enter them for a reason other than pre-arranged pick-up or a set-down of a passenger. This has not changed. The court did not go into detail of the judicial review relating to allowing PHVs to use bus lanes but it has recommended that this be expedited to reach a decision before the Olympics. UPDATE: The judge stated it is "more likely than not TfL would succeed" in this judicial review.Further, from the hearing:
| 59. As stated above, the defendants accept or at least do not dispute that, on the face of the legislation, it is an offence for a PHV driver to drive in a bus lane marked as available for use by taxis. Any PHV driver who does so would, on the face of the legislation, commit a criminal offence contrary to s. 8 of the 1984 Act. |
| 60. Anyone who does an act capable of encouraging or assisting the commission of an offence intending to encourage or assist its commission himself commits an offence pursuant to s. 44 of the Serious Crime Act 2007, unless he can avail himself of the defence of “acting reasonably” pursuant to s. 50 of that Act. |
| 60-61: “While there may be nothing untoward in one man agreeing to pay another’s fine after the offence is committed, it seemed to me that an agreement to indemnify a man against any fines he might incur in the future if he pursued a certain course of conduct was open to the gravest of objections. Both counsel agree that there is no decided authority on this point and this does not surprise me, because it seems to me almost self-evident. |
(Emphasis mine)
UPDATE: The court found:
|
95. For all these reasons, it is my conclusion that it is both necessary and just and convenient to grant the injunction sought by TfL in the form sought ie until determination by the Administrative Court of the judicial review proceedings in claim CO10424/2011 or further order, an injunction restraining the defendants from causing, encouraging or assisting any private hire vehicle driver to use bus lanes marked for use by taxis during the hours when restrictions apply, save to pick up or set down passengers subject to the cross-undertaking by TfL as set out above. I will also grant the interim declaration as set out above, accept the undertakings proffered by the defendants and make an order that the judicial review proceedings be expedited. |
To clarify; TfL's injunction was successful. The only part that failed was the request for Griffin to withdraw original letter. This is the part Addison Lee released.
Most London cyclists will have probably heard about John Griffin, boss of minicab firm Addison Lee, instructing his drivers to use the bus lanes and that he will personally indemnify them against prosecution. Mincabs can not legally use the bus lanes and, although a testiment to the poor standard of provision for cyclists in London, this is one place where a cyclist can get some respite from the often mind-bogglingly awful driving seen from many Addison Lee drivers.
Also in a further move, John Griffin has also pubished a factually inacurate and victim-blaming rant about cyclists that Dr. Robert Davis, Chair of the Road Danger Reduction Forum, dubbed a "display of self-pitying bigotry and victim-blaming" and that "above all, [this is] the kind of incendiary message that exacerbates rule and law breaking behaviour by motorists." Full text of his rant below.
In a time where cyclists are struggling to be heard and warning of the dangers of the roads John Griffin has decided to instead focus on his own profit above the safety of cyclists and, of course, pedestrians.
Please join us for a mass 'die-in' at 6pm on Monday the 23rd April outside of Addison Lee's London offices. We will meet at the junction of Stanhope Street/William Road then head to their office to deliver a letter to John Griffin of Addison Lee and stage a 'die-in' by lying down on the pavement and roads to highlight the real danger his drivers pose to cyclists and pedestrians. It's short notice, but this is an event that's happening now, so acting quickly is important!
Make-up and fake blood welcome!
Continuing his campaigning for the London mayoral election, Boris Johnson has popped up in a mumsnet webchat. Seeing a couple of questions about cycling, I thought I'd check out his replies. Unfortunately these are as poor as they possibly could be! Boris Johnson should understand cycling by now but if I didn't know better I'd assume that he's never been involved in cycling at all!
painterlyswoosh asked:Boris - cycling. What are you going to do to make sure that fewer cyclists die in London on bikes this year? And to make cycling safer and easier?Any particular plans for the Kings cross junction that is incredibly dangerous and has already claimed lives?Boris replied:I am a cyclist first and foremost. I do it every day, so I am acutely aware of what needs to be done. We’re reviewing those difficult junctions (I will ask my transport officials to consider King’s Cross) and we’ve got the budget to make the improvements. We’re working with companies who use large lorries to fit bigger mirrors so they can see cyclists in time. All of our bus drivers are thoroughly trained to watch out for cyclists.I think we all have a responsibility to improve cycle safety. The most effective thing cyclists can do to be safe is wear a helmet, be visible, be patient and respectful. Let’s be honest – we’ve all lapsed on these things from time to time. But the recent tragedies remind us that it’s the most important thing we can do to stay safe.The fact that he cycles every day is immaterial but interesting to point this out in the first place. It's almost like saying "One of my best friends is a cyclist…". The reason TfL are reviewing the dangerous junctions is because of a consistent and determined campaign by a group of dedicated cyclists who do get cycling. Simply; TfL would not be undertaking these reviews if campaigners hadn't done everything but drag them down there and force them to do it!I was flabbergasted to read that he'll ask his 'transport officials to consider King’s Cross'. It's not as if he's unaware of this road-system! At least since 2009 TfL have been warned about the dangers of this area but chosen to do nothing about it. In fact less than nothing; they've chosen to deliberately exclude cyclists from plans, despite 20% of casualties and deaths in this area are cyclists. There have also been memorial services here and at places like Bow, an installation of a Ghost Bike marking the death of a cyclist and countless protest rides in this area. To suggest that he'll ask these officials to consider this area is, in my opinion, a lie. He will do no such thing. He already knows about this and is doing nothing.Disappointingly Boris also blames HGV drivers. This is his popular schtick used to divert attention away from his woeful planning for cyclists and pass the buck to HGV drivers.Ultimately his only to a question asking what he'd do to make cycling safer was to suggest that cyclists should wear a helmet and high-vis. In fact somebody even picked him up on this:Poulay asked:Dear Boris, have you actually reviewed the studies on cycling with a helmet?There is no consensus on whether they improve safety at all and they certainly have behavioural disadvantages in terms of both cyclists AND motorists compensating for their perceived protection by cycling and driving more dangerously.A helmet is NOT a substitute for safe cycling and safe roads, and it's very irresponsible to tell people to just put a helmet on and it will magically protect them from the tipper trucks and killer HGVs.Boris: no response…later SuzyDoo asked:Hi Boris!I want my kids to be safe cycling to school - when are you going to commit to 20mph on TFL controlled roads? In Holland half of all kids cycle to school - we could have the same and reduce the shocking rate of 1 in 5 obese kids in London.Boris: no responseBy this point Boris had presumably got bored with answering questions and left the building.
On the 2nd March I met a Royal Mail HGV. The driver wasn't a very nice man. This is my report to the cops:
----------------------------------------------------------------
Type of Incident Reporting
----------------------------------------------------------------
Type of Incident Reporting:Crime linked to commercial vehicles
Date: 02/03/2012
Time: 18:30
Location: Southbound on Hunter Street, B504, approaching the
roundabout next to Coram's Fields.
----------------------------------------------------------------
Vehicle details
----------------------------------------------------------------
Registration Number:MX59 HUP
Colour: Red
Make: Unknown
Model: HGV
----------------------------------------------------------------
Driver details
----------------------------------------------------------------
Driver's Name: Unknown
Address: Unknown
Driver Description: Driver was approximately 40/45 wearing Royal Mail
clothing and a beanie-style hat.
----------------------------------------------------------------
Your Information
----------------------------------------------------------------
Your Information: I was travelling south on Hunter Street and
approaching the roundabout next to Coram's Fields. As I was on a
bicycle, I was positioned safely in the centre of the lane, having moved
out of the cycle lane on my approach to the roundabout. As I'm familiar
with the roads in that area and turn left at this roundabout often so
know that there are always parked cars on the road and pedestrians
crossing. Because of this I always take a safe line, often in primary
position. This is exacerbated by a sharp right-hand turn after the
roundabout so I do take primary position so that cars are more aware
that I am in the road. As I approached the roundabout I heard a large vehicle behind me and
approaching very close. I checked over my shoulder and a Royal Mail HGV
had come at speed down Hunter Street and was now approximately 2 meters
from the rear of my bicycle and making a huge amount of noise. I kept
looking around as I manoeuvred onto the clear roundabout, clearly
signalling my left turn with a positive arm signal. The HGV continued to
move closer to me and the noise was deafening. As I exited on the
left-hand turn, I continued in primary position towards the sharp
right-hand bend in the road, planning to move over when safe. At this time the Royal Mail HGV swung out around my right-hand side and
then swerved directly towards me, pushing me out of the lane and to the
side of the road. As this happened the HGV was extremely close and I
looked directly into the cab. I then noted the driver had his index
finger up to 'give me the finger' with an extremely angry look on his
face. After pushing me towards the side of the road he then accelerated
hard away from me, it was at this time that I took his registration
number from the rear of the vehicle, which was MX59 HUP. During all of this I neither said anything to the driver, nor made any
gesture towards him other than looking over my shoulder repeatedly to
check his position. I was cycling courteously but assertively and had
the primary position in the lane before the vehicle was anywhere near
me. In my opinion there was absolutely no reason for him to use his vehicle
against me to bully his way through that junction. The roads were
completely clear of vehicular traffic. Furthermore the aggression and
offensive gestures of the driver were completely unwarranted and I
believe his driving to be completely inappropriate for somebody in
control of such a large vehicle.
----------------------------------------------------------------
Type of Incident Reporting:Crime linked to commercial vehicles
Date: 02/03/2012
Time: 18:30
Location: Southbound on Hunter Street, B504, approaching the
roundabout next to Coram's Fields.
----------------------------------------------------------------
Vehicle details
----------------------------------------------------------------
Registration Number:MX59 HUP
Colour: Red
Make: Unknown
Model: HGV
----------------------------------------------------------------
Driver details
----------------------------------------------------------------
Driver's Name: Unknown
Address: Unknown
Driver Description: Driver was approximately 40/45 wearing Royal Mail
clothing and a beanie-style hat.
----------------------------------------------------------------
Your Information
----------------------------------------------------------------
Your Information: I was travelling south on Hunter Street and
approaching the roundabout next to Coram's Fields. As I was on a
bicycle, I was positioned safely in the centre of the lane, having moved
out of the cycle lane on my approach to the roundabout. As I'm familiar
with the roads in that area and turn left at this roundabout often so
know that there are always parked cars on the road and pedestrians
crossing. Because of this I always take a safe line, often in primary
position. This is exacerbated by a sharp right-hand turn after the
roundabout so I do take primary position so that cars are more aware
that I am in the road. As I approached the roundabout I heard a large vehicle behind me and
approaching very close. I checked over my shoulder and a Royal Mail HGV
had come at speed down Hunter Street and was now approximately 2 meters
from the rear of my bicycle and making a huge amount of noise. I kept
looking around as I manoeuvred onto the clear roundabout, clearly
signalling my left turn with a positive arm signal. The HGV continued to
move closer to me and the noise was deafening. As I exited on the
left-hand turn, I continued in primary position towards the sharp
right-hand bend in the road, planning to move over when safe. At this time the Royal Mail HGV swung out around my right-hand side and
then swerved directly towards me, pushing me out of the lane and to the
side of the road. As this happened the HGV was extremely close and I
looked directly into the cab. I then noted the driver had his index
finger up to 'give me the finger' with an extremely angry look on his
face. After pushing me towards the side of the road he then accelerated
hard away from me, it was at this time that I took his registration
number from the rear of the vehicle, which was MX59 HUP. During all of this I neither said anything to the driver, nor made any
gesture towards him other than looking over my shoulder repeatedly to
check his position. I was cycling courteously but assertively and had
the primary position in the lane before the vehicle was anywhere near
me. In my opinion there was absolutely no reason for him to use his vehicle
against me to bully his way through that junction. The roads were
completely clear of vehicular traffic. Furthermore the aggression and
offensive gestures of the driver were completely unwarranted and I
believe his driving to be completely inappropriate for somebody in
control of such a large vehicle.
In the current issue of Boneshaker there are a few tales of learning to ride a bicycle and this got me thinking about my own cycling past. I actually remember learning how to ride a bicycle down the side of the house we lived in when I was young. Not that I remember any great epiphany or anything or the oft-mentioned 'feeling of freedom'. I do remember I had 'some kind' of kids bike. The only part of it I can remember was that it had a rear parcel shelf but instead of a basket it had what can only be described as a Tupperware box attached to it. The lid was hinged and opened from back to front like a large, plastic pencil case which I'd affixed some shiny metallic flower stickers to. I remember having stabilisers on it.
I'm not sure when the stabilisers were removed but it didn't seem to be a hugely big deal...I don't think; I'm assuming my dad took them off. All I can really remember was the cracked, concrete path with grass at each side that I must have attempted to cycle along numerous times. While I can't remember suddenly 'getting it', I do remember a lot of attempts. I remember not being able to cycle but being absolutely determined that I would do. I'm not sure why this should be but it was probably because I wanted to cycle around like the big kids.I can't either really remember many of the bikes I had. I'm sure there were a few when I was little and this little bike I learned on was a typical kids bike of the time; white and had tassels attached to the handlebars. My aunty will tell you the story of the time I was round at her place and riding around on a little bicycle there. I shot down the sloping drive and hit the gate at the bottom, which was secured with chicken wire. Apparently I had cuts all over my face, but didn't seem bothered. Especially when the offer of sweeties arose. She wanted me to stay at her house overnight as she was worried my mum might be upset, but she was ok. I was fine, my mum was fine, the cuts healed up and I don't even remember it…maybe that was the concussion!Sometime next I had a Raleigh Tomahawk. It was a bit like a Chopper, but smaller. I'm pretty sure it was red, although I can't remember. Nor can I remember how easy it was to cycle but I'm going to imagine it wasn't so good on the hills. They're amazing-looking bikes though!
A few years later, the next strong memory I have is asking for a Raleigh Super-tuff Burner for Christmas. I remember how desperately I wanted that bicycle and kept pictures of it. I'd told a local boy that I wanted that bike and remember feeling very nervous when Christmas rolled around. We always had a family tradition that we'd open presents in the afternoon when all the grandparents were there; torture for a kid, I can tell you! So in the morning I looked out of the window and saw this boy riding around on a brand new Burner; exactly the one I wanted! But my lovely parents had got me the same bike and I instantly loved it!
Update: I did also have a Trek Antelope 830 while I was at university. The only real things I remember doing on this was cycling miles around Aberdeen going to car boot sales, riding up to the trails through the woods outside of the city and also getting caught by campus security cycling around the building in my underwear for some kind of forfeit. I forget why...which is probably wise. It looked a little like this one:
A bicycle, when I was a kid, was just something that you had. It was the way you went to see friends and had the freedom to get to school. I feel terribly sorry for people that haven't had the chance to cycle around as kids. Of course by the time we all got to about 17 we all wanted to drive cars instead, but bicycles were the real first taste of freedom I ever had. In fact, ironically, I find the same freedom now but from cars instead. I feel the same now when I start pedaling my fixed-gear bicycle through London that I did when I was little. That just by putting a little bit of effort in, I can go anywhere; that has never changed.
Last night I was at the new Olympic Velodrome to see the qualifying for the women's and men's team pursuit for the UCI Track Cycling World Cup. It's fair to say I was pretty excitied!
About a week beforehand I got an email instructing me that bicycles were not allowed onto the Olympic Park which I thought was a bit odd at the time. Although it was really me living in some kind of dream-world where you can cycle to the velodrome, lock your bike outside and go in to watch the cycling. Should have realised that you need to go through the huge security theatre before even getting onto the park. So we were all corralled into a large queue and lead through security looking more like Heathrow Airport than a sports event! Though the staff were all pretty nice, maybe lacking the jaded, misanthropic view of many airport security staff.
So after security we were corralled again and shoved onto a fleet of assorted buses and driven the few hundred meters to the velodrome. This took about ten minutes and the entire time we passed through what can only be described as post-apocalyptic corporate hospitality. There really is a huge amount of work still to be done, but sure in 5 months it'll be done.
So we arrived at the velodrome (after an hour from the main gate) to see a truly spectacular building!
The view is almost overwhelming when you first arrive and try to find your seat and surprisingly warm, of course to keep the track at 28 degrees for perfect track-speeds!
The best part of being at a live event is being able to see the teams warming-up and warming-down, the mechanics working on the bikes and the general organised chaos of the infield.
Both Team GB women and men had the most amazing runs and the crowd definitely tested the integrity of the roof! According to the riders it was a "like a constant wall of noise"! GB men were running 13th and managed to beat all previous times by some 8 seconds coming only second to Australia who ran after them. So, both GB women and men in the gold medal race!
The velodrome is apparently the most sustainable venue and it's such a lovely design! I'm really hoping that it continues to be used, after the Olympics, to help get more people into cycling. It's such a great facility...here's hoping!
The Highways Agency today announced that they were following TfL's example in their future road-planning. "What we realised" a Highways Agency spokesperson revealed "was that we were wasting a huge amount of time and effort when planning roads. Undertaking a study into TfL's approach to cycling infrastructure in London has revolutionised our method of road-planning". "Usually when planning new roads we make sure that they all connect together and have smooth surfaces, but this does take a bit of time and planning. Taking the same approach as TfL we can avoid all that messy business and just get on with the important task of holding press conferences telling people we've done something rather than actually doing it in the first place".
The engineer revealed the 6-step approach to road-planning.- Roads don't actually have to meet up
- It's not massively important to have any kind of appropriate road-surface
- Stuff doesn't have to be cleared out of the way before actually building a road
- Stuff can be put in the middle of the road after the roads are built
- Drivers should be appreciative that we're doing anything for them anyway!
- Signposts are for losers
"Well, the vehicles would have to get to the start of the road in the first place, which is in the middle of a field just outside the centre of a town. They'd then progress down a short stretch of dual-carriageway until it mysteriously turns into a single-carriage way then back into a dual-carriageway…sort of. The drivers would then need to get out and push the vehicle onto the grass verge to avoid two pylons in the middle of the lane before continuing their journey."
"It's enabled us to entirely do away with compulsory purchasing buildings now too as the road then simply winds around some old air-raid shelters and a pond with a shopping trolley thrown in it." An engineer added; "Yeah, that's well spooky, isn't it! How did somebody get a Sainsbury's shopping trolley all the way out there?".Plans continued with the final part of the new infrastructure; "The vehicles will then continue down the single-and-a-bit-more-carriageway until they all appear in an old, abandoned open-cast mine where all the road-markings would mysteriously vanish". At this point an engineer added; "Then they all have to fend for themselves really, we've provided the road, it's up to drivers to use it properly!.TfL are said to have responded; "Nice one, it takes the pressure of us, for deffo!".Photo by Adam Melancon used under Creative Commons licensing.