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'Mr Loophole' lawyer repeats compulsory helmets and hi-viz for cyclists call

Nick Freeman says bike riders should be subject to same laws as motorists ... and then some

Nick Freeman, the high-profile lawyer nicknamed ‘Mr Loophole,’ is once again urging the government to force cyclists to be registered, carry insurance and be required to wear helmets and hi-visibility clothing.

An article published yesterday on his firm’s website says Freeman is “renewing calls for a change in the law which would see cyclists being forced to comply with the same rules as motorists.”

However, what he is proposing – not just in terms of protective clothing and headgear, but also banning people from using headphones while riding – goes beyond what the law requires of drivers.

When he made a similar appeal in August this year, Carlton Reid, author of Roads Were Not Built For Cars and executive editor of trade website and magazine BikeBiz, accused him of not understanding the law as it applies to people on bikes.

- Mr Loophole lawyer urges drivers to fight back at helmet-cam cyclists

The lawyer acquired his ‘Mr Loophole’ nickname, which he has trademarked, after helping a string of high-profile clients – including footballer Wayne Rooney and former Top Gear presenter Jeremy Clarkson – escape conviction for motoring offences.

Besides calling for mandatory safety equipment, he also, some might say ironically for someone who prides himself on his ability to exploit technicalities to secure acquittals, hits out at those who break the law.

“Cyclists are incredibly vulnerable and wearing helmets and sporting hi-vis clothing – which will cut down on deaths and injury – should be made mandatory,” he wrote.

“In addition there are a number of cyclists who seem to totally disregard the Highway Code and ignore signals and junctions at their own peril. Motorists are easily identified by their registration plates, but cyclists are relatively anonymous.

“The Government must look at introducing a raft of legislation which deals with identification, visibility, compliance with road traffic regulations, insurance, cycle excise licence and compulsory use of a helmet. This list is not exhaustive.

“The goal is to improve the quality of driving and cycling by both parties, thus increasing accountability and enhancing road safety.”

He added: “Undertaking when approaching left turns, ignoring red lights, not being visible in low light conditions and mounting pavements are just a small number of practices that are commonplace.

“Enforcing this kind of legislation is in the best interests of all road users. It will tackle slipping road safety standards head on.

“The Cycling Proficiency test [now replaced by Bikeability - ed] should be made compulsory for cyclists using public highways. To pass it means reaching a certain level of competency and an understanding of the rules of the road.”

But when he expressed similar sentiments earlier this year in an article about cyclists who use helmet cameras on Motoring.co.uk, Reid, writing in response on the same website, said: “I’m surprised that a lawyer specialising in transport could be so ignorant about the various Road Traffic acts and the Highway Code.

“It is not illegal for cyclists to undertake and to ride in the middle of the road.

He added: “Mr. Freeman’s point about registration plates assumes that cyclists would be somehow more law abiding if they had them fitted.

“If registration plates were so effective Mr Freeman would be out of a job because motorists wouldn’t dare to break the law for fear of being identified.”

Besides cyclists, the lawyer has also suggested that pedestrians should have to wear reflective clothing at night, when representing a 24-year-old motorist who was accused of causing death by dangerous driving of 83-year-old rabbi, Hyman Steinberg.

His client was convicted.

- Make pedestrians wear reflective clothing, says 'Mr Loophole' lawyer who defended killer driver

Freeman has outlined what he calls his "unique approach to the law " in his book, The Art of the Loophole: Making the Law Work for You, which according to his website "identifies his killer loophole principles which make it possible to win even in the face of almost certain defeat."

The book was ghost written by Daily Telegraph columnist Angela Epstein, who earlier this month was taken to task by TV presenter Ned Boulting when she hit out at red light jumping cyclists when the pair appeared on the Radio 4 Sunday morning programme, Broadcasting House.

- Ned Boulting: media coverage of red-light jumping Lycra wearers is 'dull'

 

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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32 comments

Avatar
skippy | 8 years ago
0 likes

The dsy " Loophole Lawyer " takes to the road weating his " Wig & Gown " i will think he has credibility , meanwhile  al he is about , is using Unsafe driving practices by motorists , as a means to advertise his dubious abilities !

 

Let s hope he goes away , thinks about the reality of life on UK Roads and decides to enable Cyclists to be able to return to their family each time they use their Bike !

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Tony | 8 years ago
0 likes

Lets campaign instead for all cars to be covered in 2" of polystyrene foam, painted dayglo yellow, have no radio or audio systems to distract the driver and be fitted with cyclist avoidance technology (as is becoming available) as standard.  And make sure the legislation is watertight so even Mr Loopy can't find a way round it.

Isn't it ironic though that a man who makes a living out of helping people get away with breaking the law should want laws imposed on people

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Driver Protest Union | 8 years ago
0 likes

I don't agree that cyclists should be obliged to take any action to mitigate cycling or be regulated in any way at all. Carriageways are essential infrastructure used by very dangerous essential machinery. We need to ask who society needs on them to subsist. There should be no unneeded extra hazards on roads at all now ; especially if they not willing to protect themselves.

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Ziptie | 8 years ago
3 likes

"Undertaking when approaching left turns, ignoring red lights, not being visible in low light conditions and mounting pavements are just a small number of practices that are commonplace"

That's enough about car drivers, what are cyclists doing wrong?

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kitsunegari | 8 years ago
1 like

Quote:

“The Cycling Proficiency test [now replaced by Bikeability - ed] should be made compulsory for cyclists using public highways. To pass it means reaching a certain level of competency and an understanding of the rules of the road.”

 

The trouble is that we have a driving test and yet countless drivers who shouldn't be allowed on the roads.

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Carlos199 | 8 years ago
4 likes

As others have pointed out, it would be better to ignore him. His motive for being contoversial (like Katie Hopkins and others) is purely to keep him in the media so he can sell more copies of his book and charge ever increasing fees to his clients. Maybe Road.CC should just pass over him and not give him the publicity.

Avatar
PaulBox replied to Carlos199 | 8 years ago
1 like

Carlos199 wrote:

As others have pointed out, it would be better to ignore him. His motive for being contoversial (like Katie Hopkins and others) is purely to keep him in the media so he can sell more copies of his book and charge ever increasing fees to his clients. Maybe Road.CC should just pass over him and not give him the publicity.

This. laugh

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ChairRDRF | 8 years ago
0 likes

I wouldn't give this specimen any attention.

 

Every time someone mentions thta cyclists should have the same supposed "regulation" that motorists do, I just say: "providing we can can get away with intimidating, hurting and killing: plus pollutiing, congesting, causing local and global environmental damage..."

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Corfromleuven | 8 years ago
0 likes

Jes Ridein. And of course black pcars driving at night should be completely ruled out. It is AND lights AND High Viz in the dark or nothing. For ALL motorist. In fact every single car should be painted in reflective paint to be more visable also in the rain or snow.

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ridein | 8 years ago
5 likes

I would go along with it if all lawyers wear black and white striped suits, ID nameplates and a rotating beacon on their head.

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mrjulianbarker | 8 years ago
1 like

Click bait.

 

 

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mrjulianbarker | 8 years ago
0 likes

 

 

 

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teakay | 8 years ago
8 likes

"Accountability" that's hilarious from someone who makes a living out of removing accountability for his clients.  You break the law you should be punished - well only if you can't afford a lawyer to find a loophole.

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skull-collector... | 8 years ago
17 likes

He's clearly a cunt.

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Ben12345 | 8 years ago
0 likes

However the high-viz colour doesnt work at night, even reflectives only work at certain angles (for example driving behind a cyclist but not on a cyclist whos travelling past a T junction 90 degrees to your car headlights).  Only good lights on your bike will help.

In my opnion wearing high viz is useless against idiots who dont look in the first place. You'd be better teaching a good lookout and driving cautiously.

Avatar
Jacobi | 8 years ago
11 likes

I agree with Freeman - Cyclists ARE incredibly vulnerable, and motorists should be made to acknowledge that fact and drive their vehicles accordingly.

 

Freeman says: “The goal is to improve the quality of driving and cycling by both parties, thus increasing accountability and enhancing road safety.” 

 

If he wants to increase accountability he should be lobbying for every motorist who kills a cyclist to be charged with manslaughter. In all my years riding a bike I've never knocked over a motor vehicle, driven into one or forced one off the road, but I've had it done to me on many occasions during my fifty odd years of cycling - the latest two incidents only a couple of months ago, the first by a guy going through a red light and the other a week later by a woman pulling out in front of me from behind a car.

 

Freeman is guaranteed click bait for cyclists. I think he just wants to stir up controversy as he has a book to sell. I won't be buying it - I've already heard all his nonsense.

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vonhelmet | 8 years ago
1 like

Yeah, I'm sure the powers that be totally want to hear more from him.

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brooksby | 8 years ago
3 likes

So his book was ghostwritten by Angela Epstein? Hmm; says it all, really...

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Andrew Br | 8 years ago
17 likes

Could we, perhaps, start calling him "Mr Poophole" ?

It sounds to me that that's what he's talking out of.

 

 

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headingley | 8 years ago
4 likes

Apply Freemans logic and drivers would be obliged to wear helmets.

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portec replied to headingley | 8 years ago
2 likes
headingley wrote:

Apply Freemans logic and drivers would be obliged to wear helmets.

Not obliged, they'd be compulsory.

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Corfromleuven | 8 years ago
1 like

Perfect idea swldxer! Would be fantastic to see ALL motorists wear helmets. I presume car makers would not like the idea of having to adapt their designs to fashionistas wearing pointed helmets. But, anyway. A Lovely sight for sure. Sea that Ferrari driver with his indeed very sleek helmet design? Or that Bentley driver with is 'flaps' out of the window? I guess that no current car design would fit into the new rules of creating a safe cabin for helmet wearing motorists. But that's of course a minor issue. Might be even good for 'the economy' in some way.

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monty dog | 8 years ago
1 like

As a member of the legal profession he should be used to making argument based on fact not supposition and innuendo - he hasn't presented any evidence that demonstrates that wearing helmets and hi-viz directly correlates to a reduction in casualties and injury.

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badback | 8 years ago
17 likes

Getting the impression that he's using his blog as clickbait for his grubby little business of getting the feckless and reckless off on technicalities.

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swldxer | 8 years ago
17 likes

Bring on the driving helmets.

 

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Paul_C replied to swldxer | 8 years ago
1 like
swldxer wrote:

Bring on the driving helmets.

 

And just who really is at fault in crashes between motorists and people riding bicycles...

In the majority of cases, it's the motorist.

https://twitter.com/GlosRoadSafety/status/610833222532997120

and here's the breakdown by crash type:

https://twitter.com/GlosRoadSafety/status/611167754612285442/photo/1

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Driver Protest Union replied to Paul_C | 8 years ago
0 likes

Paul_C wrote:
swldxer wrote:

Bring on the driving helmets.

 

And just who really is at fault in crashes between motorists and people riding bicycles... In the majority of cases, it's the motorist. https://twitter.com/GlosRoadSafety/status/610833222532997120 and here's the breakdown by crash type: https://twitter.com/GlosRoadSafety/status/611167754612285442/photo/1

Of course drivers will mostly be at fault: they are humans dealing with a dangerous concept. So why wish to expose yourselves to it and imagine that rightious indignation will make you and your families feel so much better when you're killef or injured? Roads are major infrastructure for essential and big machines, just like railways. I suppose if you cycled along them you would blame the trains and drivers too.

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Jamminatrix | 8 years ago
13 likes

Why would cyclists be required to wear hi-viz? When will cars only be allowed to come in hi-viz colors? Seems black, grey, dark blue, etc, car colors are all legal...so cool double standard.

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forcrz6 | 8 years ago
6 likes

Dear mr loophole. We cyclists are doing nothing more that what motorists do on a daily basis. 

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wycombewheeler | 8 years ago
10 likes

undertaking approaching left turns? does he mean filtering, or do we now call passing stationary traffic undertakling?  So if there is a right filter lane at the lights, all the other cars will be 'undertaking' if the right filter is red and the main light is green.

 

A damning indictment of the road laws in this country, that this numpty can find loopholes

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