Road accidents involving cyclists (FOI)
Road accidents involving cyclists (FOI)Produced by the Freedom of Information office
Authored by States of Jersey and published on 15 February 2016.
Prepared internally, no external costs.
How many instances have there been of video evidence being presented to the police of an accident between a cyclist and a motorised vehicle?
How many of the above recorded incidents have resulted in the conviction of 1 the cyclist and 2 the motorist?
How many convictions of the motorist have there been where a cyclist has been injured in an accident between a motorist and cyclist for each of the last five years separately?
I would like a copy of the policies that the police force have relating to road accidents involving injury to cyclists or motorists. To be clear these are the policies the police have to adhere to not what is expected of the general public?
The States of Jersey Police record incidents by category. Crimes, traffic incidents, concerns for welfare etc, are all recorded and can be quantified. The fact that video evidence may have been used in a particular case is not recorded as a separate category. As a result, the States of Jersey Police cannot provide a definitive figure for the first part, and consequently the second part of the request.
The States of Jersey Police do hold the information and a search of our systems for the term ‘video’, produces every incident where CCTV was used, including on-street cameras, private premises videos, Police issue ‘body worn videos’ as well as any video provided by cyclists or other members of the public (from phones etc). Each incident would have to be researched to ascertain the type of video used. This, with other enquiries required to answer this request completely, would take in excess of the 12.5 hours limit as described in the Freedom of Information (Costs)(Jersey) Regulations 2014.
Extensive research has been undertaken for this request with the force statistician, the Road Safety Officer and Operational officers to gather statistical information and personal recollections of any incidents recalled.
This has resulted in partial information surrounding at least eight incidents where officers recalled being passed video evidence from cyclists of incidents of ‘near misses’ with vehicles. On each occasion, it was determined that there was insufficient evidence to secure a prosecution for careless driving, however, each motorist was spoken to and advised that their driving had been reported to police. Each was given ‘words of advice’. The individual incidents will be considered should the driver come to the attention of the police in the future.
The following table shows the number of injury accidents (described as serious, usually requiring a hospital visit) reported to police, between a motor vehicle and a cyclist over the past five years.
Of the above 35 cases, 12 resulted in prosecution of the motorist alone, three cases resulted in the prosecution of the cyclist alone and two cases where both the cyclist and motorist were prosecuted.
15 cases were not deemed to be in the public interest to prosecute. In nine of the 15 cases, the cyclist was deemed to be at fault, in three the driver. In two cases, both driver and rider were at fault and in one other, no fault was attributed. The figures for 2011 are incomplete due to time restraints.
In one case, the motorist failed to appear and is currently at large having left the island. One other case is still under investigation. In another of the above cases, CCTV from an adjacent building was used to help secure prosecution of the motorist at the Magistrate’s court resulting in a £300 fine, whilst another case saw the driver fined £400. All other sanctions were dealt with at a Parish Hall Enquiry.
The States of Jersey Police follow the Policies and Procedures of the UK College Of Policing, Authorised Police Practice, whenever practicable (speed limits and motorway rules etc would not apply). The below link will take you to the website:
View the policies and procedures on the College of Policing website
The Road Traffic (Jersey) Law 1956 provides the legislation used.
Road Traffic (Jersey) Law
Every individual incident will be investigated and all available evidence examined. A decision to report or charge for an offence will be made if there is sufficient evidence to gain a successful prosecution and it is in the public interest to prosecute.
There is no discrimination, positive or negative towards either motorist or cyclist.