The legal gap in defining responsibility for cycling safety controversy caused by the death of a young cyclist in Hebei urgently needs to be filled

2024-08-27

On the busy road, a rider wearing a cycling suit suddenly fell and stopped in front of a normally moving motor vehicle behind, only about two meters away from the front of the car. Between the electric sparks, a motor vehicle made an emergency left turn to prevent the tragedy from happening. This is a real picture released by a car owner from the driving recorder. The recent tragic incident in Hebei has once again pushed the "cycling group" to the forefront: a teenager from Hebei accidentally fell on the opposite lane while riding with the group, colliding with a motor vehicle coming in. The tragedy occurred in an instant. Behind the tragedy lies the increasingly popular cycling sport in the city, as well as the controversies surrounding safety that have arisen as a result. Prior to this, some cycling groups were referred to as "reckless cycling groups" due to issues such as occupying motor vehicle lanes, violating traffic rules at will, and dangerous racing. In the eyes of some cyclists, with the rise of cycling culture in China, more and more people are participating, which is a good thing. However, some violations have also occurred. "Once you fall a few times, you naturally learn to respect speed and rules." "Riding recklessly" is a legal blind spot and lack of supervision. The Road Traffic Safety Law of the People's Republic of China clearly stipulates that non motorized vehicles driving on the road shall comply with traffic rules and shall not engage in any behavior that endangers traffic safety. However, the vague definition of legal responsibilities for cycling group organizers and participants has led to low costs of illegal activities and difficulty in forming effective deterrence, which is also a gap that needs to be filled urgently by the law. After the tragedy, in the eyes of insiders, the father of the 12-year-old boy was a "internet celebrity" in the local cycling circle. He usually likes to share videos of himself and his child cycling on short video platforms. In the video, the boy always wears professional cycling clothes, bends down and looks up at the front. According to neighbors' recollection, the teenager started to learn about cycling around last year and has gained some cycling experience. My child usually rides with his father, maybe to exercise and lose weight. "The father and son like to ride bikes in the morning, which is also the habit of most cycling enthusiasts. Neighbors once encountered the father and son pushing their bikes out after 4am. A local cycling enthusiast who once rode with his father and son said, "Cycling groups usually start riding around 5am or 6am, and there is no fixed time." And when the accident occurred, it was also around 6am. According to media reports, the speed of the cycling group reached 37 yards per hour (37 kilometers per hour) at the time of the incident. Amateur cyclist Sun Xiao (pseudonym), who is currently preparing for the race, told the New Beijing News reporter that the speed of 37 yards per hour is unusual, "which is a very fast speed for adults." The average speed of most cycling enthusiasts is around 30 yards per hour, occasionally exceeding 35 yards per hour when going downhill. Sun Xiao said that there is a big difference between professional road bike riding and daily cycling. To achieve an average speed of 37 km/h, it is not simply about pedaling hard. Because professional road bikes are extremely light, some even weigh less than 20 pounds, once there is a small pit, a small stone, or even a gust of crosswind on the road, it is very easy to cause a rollover accident. To achieve an average speed of 37 yards per hour, it actually tests the driver's control skills. You need to have enough physical strength to resist wind resistance, enough strength to resist small body imbalances, enough experience to control breathing rate, and excellent psychological qualities to maintain calmness. "In a cycling video, the teenager may have sensed the risk and shouted to the leading rider ahead," Slow down! "But this did not prevent the tragedy from happening. At around 6:12 am on August 11th, a tragedy occurred in an instant. In the end, the boy passed away on his way to the hospital. The incident occurred at a popular check-in spot for local cyclists. A person who has been cycling on the road where the incident occurred all year round told the New Beijing News reporter that every evening and morning, there is always a continuous stream of people cycling on the riverbank, and cars and electric bicycles also pass by. However, local villagers and members of the Nanbackstage Village Committee have stated that this is a road that has not yet been inspected and officially opened to traffic. In addition, on August 15th, road workers who were working on the road section where the incident occurred also stated that it was an untested road. In recent years, there have been too many safety accidents, "according to a video released by the China Police Network. A group of thousands of cyclists spontaneously organized a road race on a highway in Suzhou. The reckless cycling group caused traffic chaos at one point. According to reports, there were over ten traffic accidents of various sizes caused by the cycling group involved that day. The local traffic police said, 'We didn't even know about such a big competition.' In the end, this illegal cycling group was dispersed by the traffic management department. Cai Fei (pseudonym), an organizer of a cycling group from Shandong, said, "There have been too many safety accidents in cycling groups in recent years." "Last year, I watched a fellow cyclist fall and then trip over four road bikes in succession." Cai Fei said that as an organizer, he did not organize any cycling activities for many days afterwards. Cai Fei believes that some riders are too fast. Shen Nan (pseudonym), a cycling leader from Beijing, stated that not only is the speed too fast, but some riders also engage in casual racing. Before each departure, safety reminders are posted in the group chat, but as soon as we hit the road, especially on the way back, there will always be riders competing with each other for speed, and in the end, they will start racing against each other Shen Nan said that during the racing process, some riders can even exceed 40 yards per hour on flat ground, and if they fall off the bike, they will be seriously injured. A member of the Shen Nan team was hospitalized due to a fracture caused by a racing car fall. After the safety accident, strict regulations were implemented within the team regarding the phenomenon of racing. Now, a bicycle will be arranged to lead the rider at the front, and other riders cannot overtake the leader. Cai Fei is also troubled by the occasional racing phenomenon in the team. Those who love cycling generally have a competitive spirit, which gives rise to the phenomenon of racing. However, those who blindly race regardless of road conditions, vehicle condition, and teammates' situations are essentially irresponsible actions made by some people to seek excitement, and cannot represent the spirit of sports. In addition, many cycling groups also have unprofessional route planning problems. A senior cycling enthusiast from Jiangsu said that cycling groups sometimes choose scenic routes, but these routes are often in rural areas, wilderness, and other places without dedicated non motorized vehicle lanes, and the road conditions are complex. There are still many safety hazards in similar cycling groups, such as the problem of riding side by side, occupying motor vehicle lanes for a long time, and running red lights at will. After the tragedy of 'not recommended for minors to participate in professional cycling', the safety of minors cycling has once again received attention. Sun Xiao has been involved in cycling since 2015. At that time, there were not many people in China who liked cycling, and many people didn't even know what a road bike was. In the same year, the movie "Breaking the Wind" starring Peng Yuyan was released, and cycling was brought to the big screen, ushering in a small climax of cycling in China. Since the first half of 2016, Sun Xiao has gradually started to engage with cycling groups. He recalled that since he started cycling, the number of times he had seen minors participate in professional cycling was extremely small. Actually, having a minor in the convoy may not necessarily be a good thing Sun Xiao said that due to incomplete physical development, the cycling rhythm of minors is different from that of adults, and sometimes the whole group has to take care of one minor, which can also distract cyclists. Some professional cycling groups will specifically remind 'minors are not recommended to participate' when organizing activities. The leader of a cycling group in Shandong province said that he had heard of accidents involving underage riders in a cycling group. The cause of the incident was that the underage riders in the team were too excited and did not slow down when passing by the village road, resulting in a collision with a tricycle coming out of the alley. The convoy behind tripped and fell due to not being able to dodge in time. The most severely injured person broke their scapula and rested for several months. The cycling leader believes that not recommending minors to ride with the group is not only due to technical reasons, but also due to psychological reasons. Teenagers' mental development is not yet mature, and they are prone to getting drunk. Adrenaline surges faster than the speed of the car, and once they cannot control it, it is very easy to cause accidents. Summer vacation is also a high-risk period for underage cycling accidents every year. Li Jun, assistant researcher at the Propaganda and Education Research Department of the Road Traffic Safety Research Center of the Ministry of Public Security, also stated in an interview with CCTV that minors are more curious about novel things and tend to pursue speed. He may have a more prominent competitive mentality, wanting to pursue speed, excitement, etc., which may lead to phenomena such as racing and 'street bombing'. The legal gap that needs to be filled urgently is that 2023 is a year of vigorous development of cycling in China. Sun Xiao noticed that from this year on, the number of people in the cycling group has significantly increased. Sun Xiao has participated in both professional and less professional cycling groups. Comparing the two, he believes the biggest difference is safety awareness. Professional cycling groups will pay extra attention to speed and traffic rules. When encountering a fellow cyclist competing, they will remind them to slow down. In terms of route selection, professional cycling groups will try their best to choose routes with non motorized lanes. If they see someone cycling on the motorized lane, they will also remind them in a timely manner. The rider serving as the team leader will also make gestures based on the road conditions ahead to control the overall speed of the team Sun Xiao said that on the contrary, the less professional a cycling group is, the less they follow traffic rules. In recent years, there has been an increasing number of motor vehicle owners complaining about cycling groups occupying motor vehicle lanes. Some people believe that current cycling groups are no different from the "rampage groups" that occupied the road many years ago, and cycling groups have become the "rampage groups" among many people as a result. In addition to occupying motor vehicle lanes, cycling groups also frequently engage in reckless racing, lane changes, and running red lights on the road. On July 25th, the Beijing Municipal Public Security Traffic Management Bureau announced that the traffic management department will investigate and punish cyclists who engage in "racing" or racing on urban roads for related illegal activities. The Beijing traffic management department reported that citizens have strongly expressed their dissatisfaction with illegal behaviors such as some cyclists chasing and racing, changing lanes at will, and running red lights. Currently, many cycling enthusiasts have made cycling a daily form of exercise. However, some individuals blindly pursue the competitiveness of cycling sports, treating the commuting roads of citizens as "arenas" for sports competitions. Racing cycling not only disrupts normal traffic order, but also brings huge safety hazards to other traffic participants. In Sun Xiao's opinion, in recent years, with the rise of cycling culture in China, more and more people have participated in cycling sports, which is a good thing. However, the other side of the surge in participation is that the overall quality of cyclists has declined. In fact, most of the cycling groups that do not comply with traffic rules are composed of beginners. Novices tend to pursue the feeling of adrenaline rush at high speeds, and once they fall a few times, they naturally learn to respect speed and rules. The Road Traffic Safety Law of the People's Republic of China clearly stipulates that non motorized vehicles driving on the road should abide by traffic rules and must not engage in behaviors that endanger traffic safety. However, the vague definition of legal responsibilities for cycling group organizers and participants results in low costs of illegal activities and makes it difficult to form effective deterrence. This is not only related to the safety of cyclists themselves, but also to the safety of pedestrians and other vehicles, which is a gap that needs to be filled urgently in the law. Chen Liang, a partner at Guangdong Legal Shengbang Law Firm, stated that China's Road Traffic Safety Law currently only applies to electricity

Edit:Lubaikang    Responsible editor:Chenze

Source:bjnews.com.cn

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