• Dooring as an offence

    Rule 239 of the Highway Code states that motorists “MUST ensure you do not hit anyone when you open your door. Check for Cyclists or other traffic.” The Highway Code serves as guidance only, and non compliance with a rule of the Highway Code is not an offence. However, s.42 of the Road Traffic Act 1988 makes it an offence to open “any door of a vehicle on a road so as to injure or endanger any person.”

    It is worth noting that it is an offence to simply endanger a person (for example if they have to swerve to avoid a crash). There does not have to be a collision. The offence is not limited to drivers, so a passenger who injures or endangers a cyclist by opening a car door also commits the offence.

    This offence is only punishable by a fine of up to £1,000 and no penalty points can be imposed on the offender’s licence. It is dealt with by the magistrate’s court and the defendant can plead guilty by letter. This is clearly wholly inadequate given the number of cyclists harmed by this, and the potential for harm it causes. Opening vehicle doors into the path of cyclists can often lead to serious injury or even death.

    http://www.cyclistsdefencefund.org.uk/the-law-for-cyclists-hit-by-vehicle-doors

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