Showing posts with label strict liability. Show all posts
Showing posts with label strict liability. Show all posts

Friday, 19 July 2013

Perfect driving will never happen (Campaign for Sustainable Safety, not Strict Liability - part 2)

Cycling campaigners often say things such as that there is "no such thing as an unavoidable accident". After crashes occur in which cyclists are injured or killed there is often an effort to lay the blame on the individual driver who was operating the motor vehicle at the time of a crash. Cyclists in English speaking countries often call for strict liability under a mistaken belief that this will improve conditions for cycling. Many people who call for this law mistakenly believe that the law's existence on its own somehow makes drivers behave better, but this is a misunderstanding. The law in the Netherlands exists merely to address issues of material damage and financial liability. It does not apportion blame and is mainly confined to reducing liability of children.

Bad driver behaviour is undoubtedly a problem for cyclists. Cyclists often find themselves on the wrong end of the result of bad driving and as a result it is quite common for cycling campaigners to urge drivers to take better responsibility for their actions. There are many ways in which drivers of motor vehicles put themselves and others in danger. For example, drivers should never be distracted by mobile phones or by talking to passengers. They should not look away from the windscreen in order to squint at a navigation system. They should slow down if visibility is bad. They shouldn't eat or drink while driving. They should always allow adequate space when passing another vehicle. They should never pass when going around a blind corner, should always slow-down when there is a risk of ice, demist their windows when they can't see properly, not hurry when they're late for work, never look past a pedestrian or cyclist and see only the car further away, never drive too close to the vehicle in front, never become tired and fall asleep. There is a long list of things that drivers should always do and should never do, but though every driver knows that this wrong behaviour is common.

The Dutch highway code exhorts
drivers to pass cyclists with a 1-1.5 m
gap. That doesn't mean they all do it.
What works best is to have the gap
enforced by infrastructure
. Dutch
drivers are just as capable of making
mistakes as the drivers of other
nations. Introducing a law does not
reduce how often people make errors.
Building infrastructure which keeps
bikes away from cars does, however,
reduce the likelihood of such an error
killing a cyclist.
It's true that road safety would be improved. Campaigners sometimes refer to this as "low hanging fruit" as they see improving driver behaviour as an easy thing to achieve. Danger faced daily on the roads would of course be reduced if only we could convince all drivers to behave better all the time. However, there is a limit to what can ultimately be achieved and it is my belief that we are already quite close to that limit. Diminishing returns for training effort set in long ago. In Western nations which already have relatively good records for road safety there can be only very slight improvements in safety if driving for large efforts in training and enforcement. No matter how often we call for drivers of motor vehicles never to crash those vehicles and always to behave in a perfect manner, they will still make errors of judgement.

Cyclists are often seen as a misunderstood and hated out-group. Some drivers make unpleasant comments about cyclists, sometimes are even deliberately aggressive. That cycling campaigners see "bad driving" as a crucial issue is understandable because cyclists come off worst in crashes between motor vehicles and driver error is a common cause of these crashes. Cycling campaigners often equate bad driving with deliberate acts however very few deaths of cyclists are actually due to deliberate violence by drivers. Overwhelmingly, deaths and injuries of cyclists are the result of mistakes made by either the driver or the cyclist.

Accidents happen. They will always happen. While many campaigners dislike the word "accident", it is actually correct to use this word other than in the very small number of cases where a deliberate act causes a crash. Humans are not perfect machines and will always make mistakes

Be kind to animals !
While some drivers express annoyance at cyclists taking space on "their roads", the same emotional outbursts are not common between drivers and animals. Animals are not a human "out-group" and the deaths of animals on the road are neutral with regard to interactions between human beings. I think we can learn something from these deaths.

The scale of roadkill statistics is surprising to many people - according to a roadkill study from 1993, an almost unbelievable six million dogs and 26 million cats are killed each year by motorists in the USA. Those are just the "domesticated" animals. Other mammals include 41 million squirrels, 22 million rats, 19 million opossums, 15 million raccoons, 350000 deer. The total number of animals killed on US roads is estimated at one million per day and there are about 200 million drivers in the USA. On average, each driver in the USA kills an animal every seven months. There is no reason to believe that the USA is any better or worse than other nations. The USA is my example for no reason other than the availability of figures for that nation.

Australian warning sign. People drive
past signs like this and then run into
the animals in the pictures. Read an
Australian call for driver education.
Just asking people nicely to avoid
crashing is remarkably ineffective.
While many people might not feel upset about the death of a rat, they don't drive over them in such numbers on purpose. Perhaps more interesting are the figures for the pet animals. Very few people would deliberately harm a dog or cat, yet over 70000 cats and over 16000 dogs are killed by American drivers every single day.

For reasons of self preservation alone it's a good idea not to run into a larger animal such as a deer yet just the state of Michigan reports that "there were 56,666 deer-vehicle collisions in that state in 1994, and each year deer-vehicle collisions in Michigan kill an average of five people and injure 1,500". Michigan's deer collision rate works out as more than 150 per day. Have they not erected signs to tell people where the greatest risk is ? Are drivers not advised to avoid running into deer ? Of course they are. Have these attempts at education worked ? Of course not. Driver education can never result in there being "no unavoidable accidents", people will always make mistakes. Accidents will always occur.

Human beings are fallible
Car crashes are the inevitable result of putting human beings behind the wheels of cars. Human beings simply don't have the ability to behave in a faultless manner so even the most careful people are sometimes involved in crashes. Normal people going about their everyday business with no intention to cause any harm at all are spreading carnage along the roads, not only of the USA (which I picked only because I found the numbers for that country), but also of all other countries.

None of this is new. In fact, it's as old as cars themselves and of course the victims of this violence on the streets are not only animals but also humans. Back in 1896 a coroner who investigated the world's first fatal car crash made his view quite clear by saying that "this must never happen again". Much effort has been expended on preventing it from happening. In the 117 years between then and now, driver education has improved enormously and there have been countless campaigns to encourage safer driving. You may ask what the result of this has been and the answer is that there are now 1.2 million deaths every year due to crashes by motor vehicles. Perhaps a small fraction of these might be deliberate acts of murder, but the vast majority are accidental.

The connection between animal and human deaths on the roads is a simple one to make. The vast majority of these deaths are caused by motorists who are not deliberately dangerous, but who overestimate their ability, misread the road or who are not paying sufficient attention to what they're doing. This is not so much a failing of individual drivers but simply a normal part of the human condition. People are always distracted. We evolved to deal with travelling mostly by walking, occasionally running for small distances, but we're not actually faultless even at walking pace. Who has never walked into a lamp-post, stubbed their toe or tripped up ? Why are we surprised that the task of controlling a motor vehicle at higher speeds safely for long periods of time is difficult for us ? We're not very good at this sort of task and we will always make mistakes. It's not just the occasional bad driver who makes these errors, but normal drivers who have been trained well, passed a test to show that they understand how to drive well, who have been exposed to education campaigns and who drive past warning signs every day on their journeys. These average and good drivers still crash with alarming regularity.

When we pick on an individual driver after a crash has occurred this is an application of 20:20 hindsight. Every driver on the roads makes mistakes. We can't predict which driver will make a mistake next and we can't predict which mistake will turn out to be fatal for a cyclist or pedestrian, or even for the driver him/herself. Punishing an individual for a crash which has already occurred does nothing to prevent the next crash.

How can we avoid making mistakes ?
We cannot address fundamental human failings by changing the law or proposing more punishment for failure while the underlying task that we are asking drivers to perform remains so difficult. Punishment does nothing to address the reason why mistakes are made, which is that we are human and can't cope with the task of driving. Even the threat of heavy punishment won't make people perfect.

The way to address the problem of putting human beings in charge of any dangerous activity is to limit how often they have the opportunity to make catastrophic errors. There is a precedent in aviation .

Sadly, this pilot "flew the aircraft
beyond its operational limits and lost
control". Lives were lost as a result.
If the correct procedures had been
followed, this crash would not have
taken place. The existence of
procedures is not enough on its own
to guarantee safety
Historically, a large proportion of aircraft crashes were the result of pilot error. Pilots have crashed aircraft and often brought their own lives as well as those of others to an end due to such simple human failings as overconfidence and showing off. However commercial flying in particular is now very safe indeed. The improvement in the safety record for commercial flights has been achieved in large part by removing the opportunity for human beings to cut corners and make mistakes. This is the reason why pilots do such things as work through a check-list before they launch themselves and several hundred other people into the air. Check-lists might be boring but they result in a consistent check being made of important systems and any problems with them being spotted before they occur. When in the air, commercial aircraft benefit from several sets of eyes on the controls and from automated systems which sound an alarm and draw the pilot's attention if the aircraft is flying too low, too slow, falling quickly, too close to another aircraft etc. Automated navigation equipment has improved safety by removing human error so that aircraft don't run out of fuel in locations far from their destination. Automatic pilots take over much of the boring flying during which human pilots might lose concentration. Automated systems help landings to be made safely when visibility is not good. It is dangerous if aircraft fly too close to each other so they are kept apart. Small aircraft can be affected by the disturbed air left behind by larger aircraft so they are kept even further apart.

Aviation has been made safe by removing the opportunity for humans to make so many errors. The same principle can also be used on the roads.

In the Netherlands, the principle of sustainable safety is credited with improving the safety of the roads. It is the equivalent of the measures which have been taken in the air. Road designs are made self-explanatory. Everyone knows where they should be without having to read lots of signs. The task of driving or cycling is made safer by reducing the amount of thinking that drivers or cyclists have to do. While this reduces the frequency with which motor vehicles crash, it cannot completely remove human error from driving. Cyclists are kept away from where the inevitable out of control motor vehicles are likely to end up. The source of danger is kept away from those who are most vulnerable. This is how The Netherlands has achieved a better degree of overall road safety than almost all other nations, and a particularly enviable record of road safety for cyclists, pedestrians and children.

How this relates to Subjective Safety
Not just subjectively safe, also
sustainably safe. These cyclists are kept
safe from motor vehicles by the same
principle as keeps penguins from being
eaten by polar bears. Physical separation
from the road reduces the chance of a
driver making an error being able to
injure these cyclists. This creates an
environment in which everyone feels
safe to cycle.
It's fortunate that the same changes to the environment which remove danger from the roads are also in large part those which lead to a better degree of subjective safety. If roads and cycle-paths are subjectively safe then this makes cycling accessible to the public at large. It reduces the anxieties of parents about whether their children are safe to ride a bike. It reduces the anxieties of older people who ride here in increasing numbers and it results in everyone being able to cycle. Merely changing the law to punish errant drivers will not have this effect. It didn't have that effect here either - "strict liability" came some years after the construction of a comprehensive grid of safe cycle-routes which go everywhere.

Campaigning for Strict Liability harms cycling
Strict liability is positive for any country because it determines who has financial responsibility in the result of a crash. In The Netherlands we see no opposition to the law because everyone wants their children to be immune from financial responsibility if a crash occurs between their bicycle and a car.

However strict liability is really a side-show issue for any country where cyclists still do not already benefit from proper cycling infrastructure and where cycling is still a minority pursuit because of the lack of that infrastructure. It's a contentious issue which drives a wedge between cyclists and drivers. Drivers see this as an attempt to blame them for crashes which are not their fault and it is not surprising that they see this as unjust. Many of the people campaigning for the law don't understand what its true scope is and some of the campaigners actually really are asking for an injustice to be made law.

Today's drivers are potentially tomorrow's cyclists. It makes no sense at all for cyclists to put effort into alienating themselves from their potential allies, but this is precisely what is happening with the emphasis on blame which comes through strict liability campaigning. Though the potential benefit is very small indeed, this is still a difficult battle to win precisely because it appears to be unjust.

Strict liability is simply not a worthwhile thing to spend time in campaigning on in countries which face far larger problems. To campaign on this issue consumes considerable campaigning effort for something which can never result in the masses cycling because it doesn't even start to address the main issue standing in the way of people riding bikes. The Netherlands achieved success by transforming the environment to be safe for all road users.

If you want to copy the Dutch success in cycling then you need to campaign for all those things which really made and continue to make a difference in the Netherlands, not just anything described as "Dutch".

A few tens of km South of Assen. Segregation of all modes. Motorway on the far left, local road in the middle, cycle-path on the far right. All pass under a bridge for wildlife which aims to address the problem of roadkill. Segregation of modes is the big thing which enables mass cycling. Just like humans, animals benefit most in safety terms from being segregated from motor vehicles. Wildlife bridges are important because for some endangered species being hit by motor vehicles is one of the most significant causes of death.
What this post is not about Various comments have been made about this post, for example: "David Hembrow says accidents will happen, and there's no point in holding bad drivers accountable". This is, of course, not actually what I said at all and the thread which carried on afterwards went into even wilder diversions from the subject of this post.

There are a small number of genuinely bad drivers. These drivers break many laws and take many more risks than average and of course they feel the force of the law. Ideally they should not be allowed to continue to drive. Some people have even used motor vehicles deliberately as weapons. In these cases an existing law has been broken. Assault with a motor vehicle as a weapon should be treated just as seriously as assault with any other weapon. There may be examples in some countries where where there have been problems with achieving prosecution when a car was used as a weapon and this may well be something worth campaigning about. However, none of this is what I wrote about above because criminals cause but a small minority of the total number of crashes which occur on the roads.

Most drivers are neither particularly good nor particularly bad. When talking about "good drivers" and "bad drivers" we are often actually talking about the result of a perfectly average drivers in an average states of concentration who find themselves in different circumstances from one another. Most average drivers never cause the death or injury of another human when driving. However, most of those who have caused death or injury were no less skilled than those who have not. This comes down in large part to nothing more than luck. An average driver in the wrong place at the wrong time may cause a death. An equally skilled driver who never had the same bad luck might drive for his/her entire life without ever having even a minor bump. That someone could end their life with a perfect driving record does not necessarily indicate that they were a better than average driver; it is more likely that it shows they had better than average luck and found themselves with fewer dangerous situations to deal with.

Handing down particularly harsh punishment on a driver who was involved in a lethal crash after it has already occurred will do nothing to prevent similar bad luck leading to a similarly skilled driver being involved in a similar crash in similar circumstances at some time in the future. Indeed, if the road remains in the same state as when the first crash occurred then this is almost a certainty that the same thing will happen again in the same place if given enough time.

If we wish to address the problem of average drivers' mistakes causing injury and death, punishment is an almost useless response. Even if every drive who has already killed is locked up in prison this won't do anything to stop other average drivers faced with the same difficulties from making the same mistakes. However, changing the road design to make mistakes less lethal will work for all drivers. This is the gist of Sustainable Safety. If you remove conflict from roads and, especially important for cyclists, remove vulnerable people from the path of those in motor vehicles, then safety on the roads is improved.

The safety of roads in different countries is in very large part a function of their design and far less a function of the behaviour of different country's drivers. We're all from the same gene pool and all populations have a similar range of abilities. We all have the same human failings. The difference between the countries on the left and the countries further to the right come down in large part to the standards of road design.

This chart shows overall road safety and does not highlight the safety of cyclists. While almost all oher countries would gain increased safety for their drivers if they adopted infrastructure such as is in the Netherlands, for cyclists the safest place by far is The Netherlands (read footnote at that link). Cyclists elsewhere especially stand to gain from campaigning for the type of infrastructure which is common in the Netherlands, but it's worth bearing in mind that adopting this infrastructure will also benefit all other road users. The benefits of Dutch infrastructure also include keeping drivers from harming themselves and each other quite so often.

A comical interlude
When the new liability law was introduced in the Netherlands, it didn't go without comment. A Dutch comedy team produced this film in 1994. Remember that this happened after the Netherlands already had mass cycling. Nevertheless, many people thought the legal change was a step too far:

Monday, 2 January 2012

Campaign for Sustainable Safety, not Strict Liability.

For this post we've two authors. The first part is written by David Hembrow, the second part by Mark Wagenbuur.

Strict Liability
Some people outside of the Netherlands have a huge interest in "Strict Liability".

To many cycling campaigners, this looks like a "solution" to a problem which they experience on a daily basis. They want more respect and this appears to be a way to achieve it.

What the law does, in very rough terms, is to give drivers of motor vehicles the financial responsibility in the event of a crash with a more vulnerable road user. In itself, this is a good idea. It results in cyclists who are hurt in crashes being compensated by the driver of the heavier, faster, vehicle which brings the danger. However, the importance of this law is often wildly overstated across the English speaking world.

"Strict Liability" is known in the Netherlands as "art. 185 WVW" of the Dutch law. Simplified explanations of the law can be found here and here. There is no short snappy phrase for it in Dutch because this is no more than an obscure part of the law which most people take little interest in. People don't talk about this on a regular basis, any more than they do about other obscure parts of the law. Most people are not aware that the law here is different from elsewhere.

Strict Liability has, at best, a very small role to play in keeping cyclists in the Netherlands safe.

Does this mother think it's safe for her children to cycle here because "strict liability" offers financial compensation should a car hurt her children, or could it have something to do with the existence of that cycle-path ? This is what is meant by subjective safety.
How has "Strict Liability" been mis-understood ?
Changing legal liability doesn't in itself change how the streets feel. The lack of cycling in other countries is not due merely to worries about a lack of compensation for remaining family after a family member has been crushed by a truck. Rather, people are scared to cycle due to worry about being crushed by a truck in the first place. This change of law does not in itself encourage a higher rate of cycling. That was never its purpose.

In addition, how the law works is somewhat different to what many people outside the Netherlands have been told. Drivers are not held 100% liable for all crashes with cyclists. That would be quite unreasonable as there are many reasons why drivers might not be wholly responsible.

The law draws a distinction at the age of 14 years. In a collision with a cyclist or pedestrian aged under 14, a motorist is likely to be held to be responsible. However, a cyclist or pedestrian who is older than 14 years of age is expected to know how to behave on the streets and is likely to be held at least partly responsible in the event of a crash. If they're behaving recklessly then they can instantly expect at least 50% of the blame for any collision. An adult pedestrian dressed in black and crossing a road without looking can expect to be held to be liable for damage to a motor vehicle which hits him. That is what the law makes clear.

It's also important to realise that this law is only concerned with material damage and financial responsibilty. For example, if children are hit by a car in the Netherlands, the drivers insurance can never try to claim for compensation from the family of the victim. It could also help to determine who pays for repair or replacement of an adult's bicycle which has been run over by a truck. However, this law is not concerned with allocating blame, or with imprisoning bad drivers.

When did this law come into force ?
Article 185 came onto the statute here after there was a majority cycling culture. The law as it stands now dates from the 1990s when cycling in the Netherlands already looked like this. It is not at all realistic to expect to be able to introduce such a law to protect cyclists, especially to a higher degree than they are protected in the Netherlands, in countries where cyclists are a minority.

Introducing such a law to protect children is another matter, but note that in the Netherlands this law came into force twenty years after the environment started to change to protect children.

Does it have an effect on the behaviour of Dutch drivers ?
I've read comments from enthusiasts of this law along the lines of how its introduction in their country would remove the excuse of "I didn't see him" as a "get out of jail free card" for motorists. However, this is a misunderstanding of what the law is for.

Like most countries in the world, the Netherlands has a rule by which a driver whose car collides with the rear of a car in front is normally held to be responsible for the collision. The threat of being held liable has not eliminated rear end crashes either in the Netherlands or any other country. Such crashes are rarely intentional. It is a human failing that results in crashes like this occurring. The "strict liability" law in the Netherlands is very similar. It also has not had an appreciable effect on the rate of crashes between drivers and cyclists as these also are not intentional. All it has done is to make clear where financial responsibility lies after damage has been caused.

It is very rare that a more severe punishment results in less crime. If it did, then we might expect that the USA having capital punishment for murder in most states might have eliminated murders in the USA. However, the USA has an intentional homicide rate of 4.8 per 100000 people in comparison with a rate of just 0.87 per 100000 in the Netherlands, where there is no capital punishment. There is no direct relationship between punishment and behaviour. Other factors are involved.

We need to understand that few drivers set out with the intention of crashing into a cyclist. Rather, the environment that they find themselves in makes this more likely in some places than others.

Often drivers don't "see" cyclists because cyclists are in places on the road where the driver doesn't expect them to be, where the driver is not looking, where they are difficult to see, or where they can be easily missed due to other distractions. For instance, sometimes it is necessary to look in many directions simultaneously in order to cross a junction safely. That's not just an overseas problem, but is also specifically a problem at the most dangerous junction in the Netherlands.

So what really does keep Dutch cyclists safe ?
If we can engineer roads in a way that takes human failings into account and which results in crashes, injuries and deaths being less common then this is a far more reliable way to improve safety than any amount of punishment after the event.

The really important principle in road design from the Netherlands which is worth campaigning for is Sustainable Safety. This emerged in the 1990s at almost exactly the same time as "Strict Liability" but has received nowhere near as much attention outside of the Netherlands. These days it is the principle of design by which Dutch roads and streets are made to be easy to use, self-explanatory and safe by default, preventing crashes from occurring.

Sustainable safety isn't only for cyclists, but also for other road users including drivers. It's a good part of the reason why Dutch roads are very safe for all road users. Not only is the experience of cycling in the Netherlands different from elsewhere. For a driver, Dutch roads are different to roads in Germany, Belgium, France or the UK. They're a pleasure to drive on. Very easy to use, and as a result, very safe.

For example, at traffic lights here, whether for cyclists, pedestrians or for drivers, if you have a green light then you can go. You don't get cars coming in the opposite direction also with a green light, or turning across you.

This is a different concept of road safety to that in use elsewhere in the world

Sustainable Safety and Campaigning
While it's virtually impossible to get support for "Strict Liability" in most countries because it is seen as a measure to promote the rights of a minority above those of a majority, Sustainable Safety is good for everyone. It not only increases safety for cyclists, but also for every other road user. Because of this, campaigning for sustainable safety to become a principle of road design in other countries has a good chance of mass support.

Not only is Sustainable Safety far more achievable than "Strict Liability", but with its proven record of improving the safety of the Dutch it's also much more likely to have a positive effect on the safety of cyclists, pedestrians and drivers in other countries than is a misinterpretation of a minor Dutch law.

David Hembrow.

Sustainable safety was explained by David in a blog post in 2010, but also read below for Mark's interpretation.

One of the fundamental reasons why Sustainable Safety improves the safety of every road user is that it keeps interactions between different road users, and particularly different types of road users, to the absolute minimum. Without interactions you have fewer chances for mistakes to be made and fewer chances of collision. You can see this in Mark's film below, which is followed by his description of sustainable safety:


Sustainable Safety
Sometimes campaigners and traffic engineers in other countries have trouble understanding Dutch traffic reports. These reports are not always very clear whether they are about separated cycling infrastructure or not. An example: some months ago there were misunderstandings about Fietsbalans (“Cycling balance”) reports that do indeed not clearly state where separated cycle paths were meant. This even led to the mistaken understanding with some ‘anti-infrastructuralists’ that cycle paths were “irrelevant”. But to the Dutch their system is so obvious that it isn’t necessary to specifically mention those separated cycle paths. So what are the principles of the Dutch underlying system?

Sustainable Safety is the name of the Dutch approach to achieve a better road safety (“Duurzaam veilig” in Dutch). The main objectives of this vision are preventing severe crashes and (almost) eliminating severe injuries when crashes do occur. It was introduced and quickly adopted by all road managers in 1992 and has since been very successful. In 2005 it was revised and extended. The approach began with establishing that the road system was inherently unsafe. The goal was to fundamentally change the system by taking a person as a yardstick. The physical vulnerability of a person, but also what a person can and wants to do (humans make mistakes and don’t always follow rules) were to be guidelines for design. There is now an integral approach to the road system which refers to ‘human’ (behaviour), ‘vehicle’ (including bicycles!) and ‘road’ (design). Roads and vehicles must be adapted to the human capabilities and the human has to be educated enough to be able to operate a vehicle on a road in a safe manner. The approach is pro-active, it wants to remedy gaps and mistakes in the traffic system before crashes occur. So Sustainable Safety is about a lot more than just infrastructure.

Sustainable Safety is based on five principles:
  1. Functionality (of roads)
  2. Homogeneity (of mass, speed and direction of road users)
  3. Predictability (of road course and road user behaviour by a recognisable road design)
  4. Forgivingness (of both the road and street environment and the road users)
  5. State awareness (by the road user)
The principles are based on scientific research and theories from traffic engineering, biomechanics, and psychology. Since the 2005 revision the principles are also based on infrastructure, vehicles, intelligent transport systems, education and enforcement of laws and regulations.

1. Functionality of roads
To the Dutch the most ideal situation is when roads and streets have only one single purpose. To achieve this mono-functionality a hierarchy of roads was introduced.
  • Through Roads for high volumes of fast traffic on longer distances.
  • Local Access Roads from which end destinations can be reached.
  • Distributer Roads which connect through roads and local access roads.
All Dutch streets and roads have been classified (under a legal obligation) and are or will be re-designed to the Sustainable Safety principles by the road managers. This led to areas where people stay (residential areas and areas for shopping/sporting/theatre etc.) and designated space used for the flow of traffic in order to transport people from A to B. Under the Dutch vision these functions cannot be mixed.

2. Homogeneity of mass, speed and direction of road users
Large differences in speed and mass of different road users in the same space must be eliminated as much as possible. Road users can best be forced to travel at lower speeds by road design. This works better than with signs. If crashes occur at lower speed differences they cause a lot less damage to the most vulnerable road user. Where speed differences cannot be eliminated types of traffic must be separated. On roads with higher speeds road users travelling in opposite directions should be separated by a division as well, to further eliminate conflicts. Cycle paths and pedestrians are always separated from these through roads, following the principle of homogeneity of mass as well as speed. Because of this principle the Dutch will never implement a combined bus/cycle lane as is common in some other countries. Instead there are bus lanes separated from other motorised traffic because the mass of cars and buses do not match either. Eliminating crossing movements is possible with roundabouts because on roundabouts traffic flows in less conflicting directions than on an ordinary traffic junction.

3. Predictability (of road course and road user behaviour by a recognisable road design)
Road design should be so consistent that road users instantly understand what they can expect and what is expected of them on a certain type of street or road. The road design itself gives information about the type of road/street. If the street is paved with bricks, there are parked cars and the street is shared with cyclists and gives access to homes, the road user will instantly know and feel this is a 30km/h (19mph) local access street. However, if the road has two carriageways separated by a median, there is no parking and cyclists have their own cycle paths, it is clear to the road user that this is a through road.

4.Forgivingness (of both the road and street environment and the road users)
Humans make errors and willingly or unwillingly break rules. This is a given that cannot be changed. So roads and streets should be designed in such a way that this natural human behaviour does not lead to crashes and injuries. An example is a shoulder with a semi-hard pavement. A road user coming off the main road will not crash immediately, the semi-hard shoulder will give this road user the ability to get back to the main carriageway. Forgivingness towards other road users is enhanced when road design leads to a predictable behaviour of road users. A result of this principle is that motorised traffic sometimes gives priority to cyclists even if they don’t have it. Because it is so clear where the cyclists want or need to go the motorist anticipates their behaviour and gives the cyclist more room than he or she is legally obliged to, often to the surprise of especially foreign cyclists.

5.State awareness (by the road user)
This principle is about the ability of road users to assess their own capabilities to perform tasks in traffic. This has to do with understanding vehicle operation and knowing how speed changes the behaviour of the vehicle to understand what speed is safe in a certain situation. But it also has to do with the assessment of speeds of other traffic users to estimate crossing times for instance. These abilities can be improved by education but there are limits, for instance when road users are children or elderly.

Results of Sustainable Safety
Many countries have seen a considerable drop in traffic injuries and deaths since roughly the 1970s. Reasons were the introduction of seatbelts, drunk-driving laws, helmet laws for motorcyclists and mopeds, car cages and airbags. But in the Netherlands there also was a dramatic drop in injuries and deaths of the most vulnerable road users: cyclists and pedestrians. Traffic researches attribute this difference to the introduction of Sustainable Safety.

Ten years after the introduction researches found a traffic death and injury reduction of on average 6% per year. And that wasn’t the only positive outcome. When the costs of the measurements that had to be taken were compared with the benefits of the reduced traffic injuries and deaths it was found that the benefits outweighed the costs by a factor of four.

Students of the Northeastern University in Boston compared the Netherlands with the US. After analysing all they had learned on their study tour in the Netherlands in 2010 they found the following: “In the 1970’s, the Netherlands and the US had the same traffic fatality rate (fatalities per person). Both countries have seen dramatic decreases in traffic fatality rates over the past forty years […]. However, the Netherlands has put much more emphasis than the US on making their roads inherently safer. The result: the Netherlands has reduced its traffic fatality rate to less than half of the US traffic fatality rate; the Netherlands now has a traffic fatality rate that's only 23% of its 1970 rate, compared to the US whose traffic fatality rate is 54% of its 1970 rate.

So the system of Sustainable Safety is undisputedly successful and separated cycle paths (albeit for specific roads and situations) are such an integral part of this system that they even need not be mentioned all the time.

Mark Wagenbuur.

Sources
SWOV Factsheets (English)
http://www.swov.nl/rapport/Factsheets/UK/FS_Sustainable_Safety_principles.pdf
http://www.swov.nl/rapport/Factsheets/UK/FS_Sustainable_Safety_background.pdf

SWOV Factsheets (Dutch)
http://www.swov.nl/rapport/Factsheets/NL/Factsheet_Duurzaam_Veilig_principes.pdf
http://www.swov.nl/rapport/Factsheets/NL/Factsheet_Functionaliteit_homogeniteit.pdf
http://www.swov.nl/nl/research/kennisbank/inhoud/05_duurzaam/duurzaam.htm

Sustainable Safety Wiki (English) by students of the Northeastern University of Boston
http://wiki.coe.neu.edu/groups/sustsafety/

Some people refer to "strict liability" as "presumed liability". There are also a few variations on exactly what people think it should mean. However, whether "presumed liability", "strict liability", "stricter liability" and however it's defined, the idea that changing just the legal position of cyclists will make any real difference to their safety is flawed.

This won't be the last post to appear on this blog because there are a few more already written and scheduled for future dates, however today's post is the last we're currently planning to write. The work-load has become too large, we're getting too many emails, too many requests. There are still many things to write about, but it simply consumes too much time to do this without a salary to support it. It's been a lot of work for both of us, and we're both due for a rest. Our thanks go to the many regular readers and supporters of the blog.

Monday, 7 June 2010

Driving is boring

Something that has long amazed me is that people actually claim to enjoy driving cars. I find driving for everyday journeys is quite excruciatingly boring. I could see the attraction if people went to track days and raced around with other like minded people. A bit of speed, a bit of danger, testing your skills etc. I think I could enjoy that myself. After all, racing bikes is great fun. However, it seems that a remarkably small number of people who claim to like driving cars actually ever do it competitively at any level at all. Except perhaps on a computer screen. I really think that's a shame.

Anyway, back to the boredom of driving... Cars manage to make speeds of over 100 km/h ( 60 mph ) a sleep inducing experience. Bicycles make 50 km/h ( 30 mph ) into a fairly scary experience which demands that you're alert, and 80 km/h ( 50 mph ) down a hill on a bike is quite terrifying. I always think of all the things that could go wrong, and how injured I'd be if they did.

I think boredom explains an awful lot of why there are so many deaths and injuries on the roads. So many SMIDSY (Sorry Mate, I Didn't See You) type incidents. Drivers are simply bored, or distracted by something more interested, and not concentrating. There are regular campaigns around the world to encourage drivers to sleep well before driving, take breaks every so often on long journeys etc. but this is frequently ignored. This boredom is a good part of the reason why campaigns to encourage drivers to behave perfectly never actually work. It doesn't really matter how good a driver you'd like to be if you're half asleep at the wheel.

Crashes due to drivers falling completely asleep are quite common. Other incidents due to loss of concentration are also common. In fact, driving is so sleep inducing that even an insomniacs' website warns of the dangers of falling asleep while driving.

Campaigning for drivers to always behave perfectly, and for cyclists to always behave perfectly, will never eliminate this problem. Cyclists will continue to be the victims of crashes with drivers while bikes are mixed with cars on the roads. Separating the modes is the only way of significantly improving the safety of cyclists. It worked here in the Netherlands, where cycling is safer than in any other country.

The poster image is from a Dutch campaign against "slaaprijden." It reads "2 hours driving, quarter of an hour rest - " It is one of many such pieces of advice being handed out on the campaign website. These posters appear beside the motorways in order to remind drivers of the importance of taking a rest from driving.

So I'm going to stick to riding bikes (and trikes) for most of my journeys. I'll stay awake, and I'll enjoy the experience.

I've always seen driving as a boring activity. I was 27 before I bothered to learn to drive. On moving over here my license became invalid and for over two years I had no legal driving license at all, which was no problem as I didn't need to use a car in that time. In December I got a Dutch license, primarily so I can take my turn with driving the company van. One of my favourite videos showing driving as a boring activity is here.