New calls have been made for cyclists and users of e-bikes and e-scooters to be banned from using a mobile phone when driving. This has come after a politician's close encounter with a cyclist outside Parliament.
Conservative peer Baroness McIntosh of Pickering has urged that cyclists be prosecuted for the offence of using a mobile phone, as is done when driving a car. This comes soon after reforms to the Highway Code in January including a hierarchy of road users aimed at protecting vulnerable road users such as pedestrians and cyclists from harm.
But former minister Lady McIntosh questioned why Rule 149 of the code, requiring motorists to “exercise proper control of your vehicle at all times” and forbidding use of a mobile phone while driving, did not apply to cyclists and other road users. Cyclists can be prosecuted for careless or dangerous cycling with a fine of up to £2,500.
She said: “To make my point, as I was walking in on a pedestrian crossing from the London flat to the House today, I was midway across the crossing approached by a cyclist on his mobile phone, one hand bicycling, one hand on the mobile phone, on the wrong side of the road. It wasn’t clear whether he was going to stop or not.
“We see that e-scooters, e-bikes and cyclists are using handheld phones inappropriately and I would like to understand why the Department (for Transport) has not addressed this issue, because that has to be a cause of concern. I think it is even more of a concern when we see what is happening for e-scooters.
"I understand that in the consultation that the Department for Transport did, 72 per cent of those using e-scooters responded to the Government consultation that they do so for fun. Frankly some of the situations that many of us have been put into feel absolutely terrorised by those who are riding e-scooters irresponsibly.”
She called on ministers to “create criminal offences relating to dangerous, careless and inconsiderate cycling for those users of pedal bikes, electronically assisted bikes and e-scooters”.
Green peer Baroness Jones of Moulsecoomb said that cars “are really the biggest problem” on the roads, but also criticised a “tiny minority” of cyclists who do not obey the law. She also shared a story of dangerous cycling in Westminster, telling peers: “I was coming into work, into your lordships’ House the other day and a cyclist on the junction of Parliament Square went through a red light, cut across the pavement and went straight through the gates into the Commons.
“So without running, I followed him and caught him locking up his bike, and pointed out what he had done was very dangerous, and who was he and could I speak to his boss and all that sort of thing, but he wouldn’t give me any information and I didn’t feel up to grabbing his pass. There are people who break the law absolutely everywhere if they think they can get away with it, including this person who works in this prestigious establishment, thought he could get away with it.”
Transport minister Baroness Vere of Norbiton said there were already laws in place banning cyclists and e-scooter riders from using mobile phones. She told peers: “It is not a specific offence to cycle and use a mobile phone or headphones, but cyclists and e-bike riders can be prosecuted by the police for careless and dangerous cycling with maximum fines of £1,000 and £2,500 respectively.”
Lady Vere later added: “Just to put the record straight in terms of e-scooters, it is the case that a user of an e-scooter does fall under the regulations and… it is an offence to use a handheld mobile phone on an e-scooter. They can be fined and they could also get six penalty points.”
Baroness McIntosh withdrew a motion to express regret that the changes to the Highway Code had not included cyclists and e-scooters.
