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Kim Harding, and others, are trying to get trying to Strict Liability back into the political agenda in Scotland. Strict Liability is part of traffic law in Germany, and in fact most of the world, outside of the UK.
Some time ago, Eldest Son had a very minor collision with a car on a Spielstrasse (shared space street, 7km/h limit). Being about six at the time, Eldest Son didn’t know that in Germany you give way to vehicles coming from the right, didn’t stop on a junction, and was clipped by a very expensive vehicle speeding up the hill. Eldest Son was fine, but Expensive Car had some minor damage.
Beautiful Wife learned to drive in Japan, and didn’t know that in Germany you should always call the police when you have an accident, so when the driver said “we don’t need to bother calling the police”,* gave her his address, then drove off saying he needed to go to an appointment, she accepted it.
A few weeks later a rather large bill arrived.
We have liability insurance, so we wrote to our insurance company and explained what had happened. They found it very amusing, wrote to the driver and reminded him about Strict Liability, in particular that if a car hits a child, the driver is always liable. (Driving over the speed limit was also a bit naughty, as was not calling the police, which in Germany made it a hit-and-run, but we’ll ignore that)
The driver tried to make much of the point that he technically had right of way on the junction, and his lawyers sent us a threatening letter with an even bigger bill in the hope we’d panic and pay up, which we passed on to the insurance company. They wrote to said Lawyers and asked them to kindly stop messing about, and that was that.
Had Eldest Son been injured, the rules would mean the driver of Expensive Car would be held responsible. whereas in the UK it would have meant a long legal battle for us to get compensation or simply not be held liable for scratching his paint. His insurance would have had to pay, at least partly, for treatment and rehabilitation, pushing up his premiums. Drivers -unfortunately- seem to be more aware of this than just the danger posed by a ton of metal to vulnerable road users, and it makes them slightly more careful. As I recently heard a policeman complain: “Unfortunately, as soon as you drive a car in Germany, you are assumed to be responsible if any accident happens” ** I’m still convinced that German drivers are more cautious around pedestrians and cyclists than British drivers, and I’m pretty sure it isn’t because German drivers have a better understanding of the value of human life.
It also sends a clear message that the law is there to protect more vulnerable people. I’d have thought this was a given in any civilised country, but that’s just me.
*A phrase rarely heard except from drivers involved a motor vehicle collision and from people with a black jumper, crowbar and torch, kneeling in front of a broken safe at midnight. They could be right, of course.
**And this was the policeman supposed to be telling us about pedestrian and cycling safety. The mind boggles…
Pulling my back muscle last week meant I couldn’t get Youngest Son’s bed quite ready before the workshop was shut down for Christmas, but we went ahead and got a matress to fit anyway (assuming it will fit and I haven’t made an awful mistake measuring the wood).
Personally I’d have preferred to make our own mattress with a straw filling but I couldn’t see that plan going down too well, so we all headed off to the big city, or at least the nearest bit of it in the next town but one, and confused a salesperson by insisting that we could transport our mattress home by bike. As the picture shows it worked pretty well: we had to go the long way to keep The Boys off a busy road but it was worth it for all the incredulous looks from passing drivers. Notice, despite my whining, that we are on a segregated pedestrian/cycleway and didn’t have to ride on a road apart from the one we live on.
The white bunker-like object on the left is an expensive piece of sculpture installed by the town to emphasise ‘working together’ or something. This is the same town which decided the best way to mark the geographical centre was with a giant carrot and circle of plastic lagomorphs, so we shouldn’t really be surprised.
On arriving at the apartment we decided to have a chinese takeaway so The Bakfiets was pressed back into service. Perhaps overkill in this case but there we go.
Notice rope coiled up ready for use. If I remembered to do this more often it would probably give a better impression.
A friend of ours needed to move house, and I opened my big mouth and suggested that I could drive a car-share van, thus saving him a lot of money compared to renting. Being totally unaware of my driving incompetence he agreed.
We arrived intact -after a minor detour in Tübingen and a tour of an old railway yard- and found his apartment in an old mill, down a narrow track alongside a stream, on the edge of a small village.
The sort of place which is just begging for a family like ours to come along and start a smallholding/arts centre, like we’ve been dreaming of doing for ages.
Our dream is becoming more practical as I’m going to be a fully fledged carpenter from 2015. This will give me the skills to build stuff, and a way of actually earning money*. Rather conveniently there is a shortage of carpenters in rural areas.
At which point lots of people feel the need to remind me that we couldn’t possibly do this with our lifestyle. The vast distances of the countryside are simply too much for us to rely on bicycles, and public transport as we know it doesn’t exist. Better, we are told, to stay near to the big city with all the convenience this brings. Or grow up and get a car.
This is the view from our friends new apartment.
In the time it takes to catch a bus to our local tram stop and wait for a tram, my friend could take this train right into Tübingen, and take his bike with him.
Or he could use the traffic-free cycle way through the fields behind which goes into the centre of the city.
To add insult to injury, our friend pays far less rent than we do, because of the ‘convenience’ of our public transport.
* A Theatre studies degree being as useful as a submarine in the Sahara when it comes to making a living.
Our local town has a free newspaper printed by the local government. It is as exciting as you’d expect.
This week the headline is about how our town is a ‘safe place to live’ according to the police (which would explain why they closed the police station).
They do admit that there was a 6.5% increase in traffic incidents, which would seem rather a lot for a ‘safe town’. This includes two fatalities, but with about eleven fatalities a day in Germany, most towns will get a couple each year. Two deaths aren’t enough to make the traffic situation officially ‘dangerous’.
No mention is made of motor vehicle vs. pedestrian/bicycle collisions involving adults but we are told that there were seven ‘accidents’ which involved children under thirteen. The article tells us: “It is noticeable that three of the children were riding on Roller Scooters. A further three accidents involving children occurred on traffic lights on a pedestrian crossing with a red light showing.”*
So they were all ‘accidents’. Not the driver’s fault: all the fault of those irresponsible children, as the ‘official in charge’ concludes: “It is important that children are carefully prepared for road traffic”.
At no point does anyone seem to stop and ask any further questions.
For example, how fast the vehicles were being driven, and why they were unable to stop in time. Weather conditions or the type of vehicles involved are not mentioned.
We don’t know if the children were driving on a pavement or a ‘Spielstrasse’ (Lit: ‘Play Street’, a street where children should be able to play safely). The speed limit is 7km/h (4mph) on these but motor vehicles normally bounce down them at twenty or thirty Km/h.
We don’t know if the drivers were using their phone or adjusting their navigator.
There are no details at all about the seventh ‘accident’.
We are left to assume we have the information we need: children were driving on roller scooters or crossing the road. Tut, tut, they should know better.
So that’s all right then, keep driving as fast as you like and if no-one takes those naughty children in hand and teaches them to be responsible with traffic, it isn’t your fault if you ‘accidentally’ run one down.
*German: “Auffällig sei, das dass drei der Kinder jeweils mit Tretrollen unterwegs waren. Weitere drei Unfälle mit Kindern ereigneten sich an einem Fußgängerüberweg bei roter Ampel” Any native German speakers are welcome to correct my translation.
At any given moment our local council are usually making a hole somewhere so it was inevitable that sooner or later I’d come across one on the way to college and back, but now they’ve excelled themselves and are turning several sections of the town into holes in the ground at once so we can all get a bit of the fun: riding home is currently a Tour de Road works.
One of these happens to be a main road towards Stuttgart, meaning that all those Very Important Drivers rushing into the city may be inconvenienced. This of course is a Bad Thing. The problem, as it was explained to me, is that people rushing through a village at slightly more than the speed limit are much more likely to stop and spend money at the local shops than people walking. Obviously*. Therefore we must be very, very, nice to the Very Important Drivers and not cause them to slow down or they may go away, in which case the village economy will collapse.
To avoid this there has been a no-expense-spared information campaign for the Very Important Drivers so they don’t get confused by the new signs or upset by having to go a tiny bit slower, with front-page newspaper articles showing detailed maps of the town and alternative routes, and massive information boards showing a very rough sketch of a broad tree-lined avenue with wide pavements and lots of pedestrians and busses, and just in case any Very Important Drivers get concerned at the amount of provision for Non-Motorists, an information panel making it clear that “The intention is not to reduce the number of cars travelling through the town”. Translation: “We wouldn’t dream of impeding your mighty progress, mister Very Important Driver. Sir”.
Just to make sure that the VID’s don’t get inconvenienced on their carefully signposted and mapped diversion route, the local bus is no longer allowed to stop there, because people in busses are, well, people in busses, and obviously cannot be allowed to delay cars.
In theory of course, this makes my life easier because I’m riding in the section of town where the diversion is in force, but what our local council forgot -possibly because they think it is still the 1970’s- that drivers have navigators in their cars now, and they very quickly worked out that the diversion wasn’t quite the shortest route around the closed road. Now, residential streets are full of big cars racing about, their drivers intensely focused on pressing the buttons on the little screen in front of them.
Having made it through all this I finally make it down the traffic free section of the way home on a Feldweg, a surfaced farm route open to bicycles and pedestrians, which suprise suprise, the council is also digging up with enthusiasm. Here’s how much warning we got:
That’s it: a fence across the road. Well, and a computer printed piece of paper with an arrow drawn on it a bit further back. Obviously there’s no point in spending money on anything more than that, as there are only non-motorists here.
After a lot of pressure the council grudgingly added a diversionary route. You can see it in the picture below. The contractors then made the hole bigger and dug the new path up again.
I think we can understand where non-motorists stand in our local councils list of priorities.
In this context, when a car came barreling past the “no motorised vehicles” sign at the end of the Feldweg, and bullied their way through the non-motorists all the way between the two villages, only to come to a grinding halt at the gap between the fence and a tree that non-motorists can squeeze through, I was very sympathetic and didn’t laugh. Much.
*Especially as there are very few people walking these days because it is so unpleasant with all the traffic, so we need to encourage the traffic to keep the shops open. Obviously.
The rain has finally managed what the city refuses to contemplate, and cleared the hard packed snow on the route over the fields to the next town. The majority of the route (where cars are allowed to go) was fine but the middle was impassable, or at the very least unpredictable. I know this because I’ve been going out to check the route whenever I had time and daylight with all the seriousness of some native hunter tracking prey.
By cycling I save about ten minutes each way, and avoid the slow tedium of driving on a bus that winds its way around the town for several kilometres before returning to the same place it was five minutes earlier.
I can’t help wondering how drivers would cope with these conditions. If, whenever it snowed, drivers had to go out and check if their route would be clear the next day, would winter driving would be as unpopular as winter cycling locally?
Or maybe there would be a surge in SUV sales because people ‘felt safer’ driving in the snow in a bigger car, and then we’d have te same situation as now, on a larger scale.
It’s that time of year again when the snow turns to ice, glues itself to the road surface, and stays for weeks. I kept cycling as long as I could but eventually it came down to a choice of riding on ice or along a busy narrow road with drivers who rather object to sharing the space with anyone.
And then the weather report said it would get really cold. Even if the bike had had incredible ice tyres like Disgruntled, cycling in temperatures of minus ten would mean all kinds of cold weather clothing which I’d have to haul around all day, so I’ve been going on the magical mystery tour on the bus. This does nothing for my energy or mood.
To try and get some exercise back into the morning routine I’ve taken to abandoning the bus once we get into town and walking the final bit to the railway station. No time is lost by doing this as the bus goes wandering around the inner ring road and takes as long to reach the station as I do on foot.
I also enter the city via a stone bridge and a city gate, which gives a rather glamorous mid-European vibe to the start of the day.
I finally got myself moving and replaced the front light on the commuter bike. The old light had been flickering for a while and expired one morning on the way to college, naturally after I left the street lights of our village but before the short section on a busy main road. Fortunately there isn’t that much traffic at half past six in the morning.
At some point in the not too distant future I’m hoping to get a hub dynamo to replace the bottle dynamo I currently use, so the light has its own switch and a lot of wire that I’ve wrapped together and secured on the forks with tape.
This adds to the already chic apprarance of the bike no end.
I was going to leave the old light on the bike but the casing reflected most of the beam from the new light into my face, so it has gone in the spares drawer.
As an added advantage I no longer become invisible when I stop in traffic, and I can see where I’m going.
The bike is probably filthy as I’ve been riding it through puddles, mud, and runoff from the fields for a few days, but I haven’t seen it in daylight for weeks, and with three modular tests coming up at college cleaning will have to wait.
At least the light is now strong enough that I can see to avoid the horse poo.