The "Cyclist Law": an analysis of the legal changes to protect cyclists
We concluded our last blog with the hope that the commonly known Cycling Law would contribute to raising social awareness when it comes to protecting our cyclists, as well as defending their legitimate compensation interests.
Regulatory analysis
Following the approval of Royal Legislative Decree 6/2015, of October 30, an increase in harm to victims was observed due to the reduced response of the established criminal justice system. There was an increase in the number of dismissal orders, all of which led to a new classification of the severity of negligent acts in 2019.
In 2021, during the intervention of the Coordinating Prosecutor of Road Safety, before the commission on road safety, the importance of protecting accident victims was highlighted again; moreover, he ruled on the procedures to follow when drawing up a report, thus generating the possibility of guaranteeing economic compensation to the victims or their families.
If we focus specifically on the group under analysis, cyclists, we can see that a representative body like the Spanish Cycling Roundtable has been denouncing the fact that, on many occasions, the classification of infractions by judges has been, at the very least, detrimental to the victims. The courts repeatedly classified these acts as minor offenses and, in many cases, dismissed the cases.
Amendments to the Penal Code to protect victims
All of the above was the prelude to the modifications of the penal code, which "do not intend to deprive the judge of the power to assess whether negligence occurred, nor whether a serious administrative traffic violation was committed, nor to establish the causal link between the negligent act and the resulting death or significant injuries. Its purpose is to reinforce the spirit that motivated the 2019 reform and to establish by operation of law that, in any case, if the judge or court determines that there was negligence while driving a motor vehicle or moped, resulting in a serious violation of motor vehicle traffic and road safety regulations, and, as a consequence of this violation, death or significant injuries occurred, the negligence must be classified, at a minimum, as less serious negligence, but never as minor negligence if the injuries are significant or death is caused. Thus, it is objectively considered a crime if the perpetrator commits an offense classified as serious under the consolidated text of the Law on Traffic and Motor Vehicle Circulation." Motorized and Road Safety”.
The preceding paragraph exemplifies that the preamble of Organic Law 11/2022, of September 13, aims to limit the actions of judges regarding compensation and interests of the victims, urging them that in cases where negligence is observed, it cannot be classified as minor and potentially dismissed.
Key legal reforms
When it comes to protecting the interests of the injured parties, the most important reforms to the Penal Code have been the following:
-The amendment of the second and fourth paragraphs of Article 142 of Organic Law 10/1995, of November 23. This new wording establishes that “In all cases, negligence not classified as serious, in which the commission of one of the serious traffic violations was a determining factor in the occurrence of the event, shall be considered as less serious negligence…”
- The modification of the first and second paragraphs of article 152 of Organic Law 10/1995, of November 23, in which, “whoever through less serious negligence causes any of the injuries referred to in article 147.1, will be punished with a fine of one to two months, and if the injuries referred to in articles 149 and 150 are caused, he will be punished with a fine of three to twelve months.”
Regarding the Law on Traffic, Motor Vehicle Circulation, and Road Safety, approved by Royal Legislative Decree 6/2015 of October 30, the amendment to section 1 of article 85 is particularly relevant, as it establishes that “when a traffic accident occurs resulting in injury or death, the administrative authority shall notify the judicial authority, attaching the corresponding police report.” In summary, the legislator has amended certain regulations to limit the power of judges to dismiss cases involving accidents that result in injury or death. This achieves two objectives: first, the judiciary must prioritize the protection of the victims' interests; and second, it initiates a process of raising awareness among motorcyclists, given that criminal convictions have clearly influenced their behavior. Hopefully, the analysis of these measures in the near future will have generated a reduction in this type of accident and will bring us closer to the goal of Zero Victims.