Nine road offences to be punished with '30 minute e-course'

Plans to potentially 'weaken' the punitive measures faced by rule-breaking cyclists have come under scrutiny amid fears for road safety. The offences in question include ignoring school crossings, risking lives with dangerous cycling, and even clutching onto moving vehicles for a tow - and the change to allow them to be punished by a safety course rather than points and fixed penalties is set to become law later this year.

Currently held in check by points or fines, these violations might now be dealt with differently as the Home Office proposes allowing offenders to take part in a National Driver Offender Retraining Scheme (NDORS) for £100, thus sidestepping traditional penalties.

The Home Office report said: "Such courses are offered as an alternative to an offer of a fixed penalty notice, and therefore a driver who successfully completes a course is not required to pay a fixed penalty amount in relation to the offence, or to have points endorsed on their driving record."

It adds that "The operation of the NDORS allows the police the discretion to deal with low level driving offences without reference to the courts by offering training courses as an alternative to prosecution."

After a period of consultation, the Home Office is proceeding with legislation to change the law. The 13 offences being looked at are mainly for cyclists, and instead of points and fines they could face a 30-minute online module termed the Safe and Considerate Cycling (SCC) course.

The 13 offences orginally in question which mostly relate to cyclists are:

• Use of a pedal cycle at night without lights or reflector being fitted
• Use of a pedal cycle when the lights are not in good working order
• Use of a pedal cycle without lights at night
• Use a non-motor vehicle with a lamp used to cause undue dazzle or discomfort
• Fail to comply with instructions on a notice from a constable regarding the use of a pedal cycle in a Royal Park
• Riding a pedal cycle in a dangerous manner in a Royal Park
• Using a vehicle or cycle in the dark with no lights in a Royal Park
• Cyclist holding on to a vehicle for the purpose of being drawn along
• Cyclist holding on to a trailer for the purpose of being drawn along
• Cycle on a road without due care and attention or reasonable consideration for other users
• Cycle on a road dangerously
• Fail to stop at a school crossing patrol
• Fail to wait at a school crossing patrol

However, during the consultations, concerns were put forward by, councils, and police forces. Speaking out amidst the detractors was the Durham Police and Crime Commissioner, specifically taking issue with the possible leniency towards the infractions of failing to halt at or abide by a school crossing.

They felt that given the 'gravity of these offences and their potential impact on communities, including risks to school crossing patrol officers and children', such offences should only be addressed with fixed penalties and points. The proposal aims to add 13 offences to schedule 3 of the Road Traffic Offender Act, allowing them to be managed through an educational course.

One respondent argued that ignoring a school crossing patrol should be deemed more severe than running a red light due to the danger posed to children. Both the Metropolitan Police Service and Transport for London expressed reservations about including dangerous cycling in the list.

According to the report, "Three respondents were concerned that the list of offences in the proposal included both dangerous and careless cycling offences, which they felt could set a bad precedent. They highlighted that there is already confusion and overlap between these offences and the careless and dangerous driving offences, and questioned whether any road user behaviour sanctioned as 'dangerous' should be dealt with out of court."

Regarding dangerous cycling, one response challenged the appropriateness and proportionality of offering an out-of-court disposal for such a serious offence, especially since the Safe and Considerate Cycling (SCC) course is merely a 30-minute e-learning course.

Following a public consultation, the Government has decided to proceed with adding nine offences to the list eligible for National Driver Offender Retraining Scheme (NDORS) courses. These include failing to stop at a school crossing patrol and dangerous cycling.

The Government explained: "In response to the feedback received to this consultation, the government has carried out further engagement with NPCC and UKROEd to discuss the concerns which have been raised, including which offences are suitable to be added to the list of offences for which an NDORS course may be offered."

They further clarified, "The above offences cover a range of behaviours which would impact on the nature of the safety risks presented (e.g. the dangerous cycling could have taken place on an empty road or in a busy area with lots of other vehicles and pedestrians). It is therefore right that the police officer should decide on the appropriate penalty, taking into account the circumstances of each case."

The new offences under consideration include failure to stop at a school crossing patrol and various forms of dangerous or inconsiderate cycling.

Final list of road traffic offences which will be added to schedule 3 Road Traffic Offenders Act

Offences under Royal Parks and Other Open Spaces Regulations 1997:

• Failure to comply with any direction given by a constable or by a notice exhibited by order of the Secretary of State regarding the use of a pedal cycle in a Royal Park or other specified land;
• Using a pedal cycle in manner that endangers or is likely to endanger any person in a Royal Park or other specified land;
• Using a vehicle or pedal cycle between sunset and sunrise, or in seriously reduced visibility between sunrise and sunset, with no lights in a Royal Park or other specified

Failure to stop at a school crossing patrol;

Cyclist holding on to a vehicle while in motion on a road for the purpose of being drawn along;

Cycling on a road dangerously;

Cycling on a road without due care and attention or without reasonable consideration for other persons using the road;

Offences under Road Vehicles Lighting Regulations 1989:

• Using a pedal cycle without lights between sunset and sunrise;
• Using lamps so as to cause undue dazzle or discomfort to other persons using the road;
• Using a non-motor vehicle with any lamp so as to cause undue dazzle or discomfort.