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“Cyclists only permitted users of the road, not intended”: US Court shirks pothole responsibilities and claims no liability for cyclists; Christmas jumper-wearing Tadej Pogačar does wheelies in the middle of the road + more on the live blog

The penultimate live blog for 2023! Grab a (pint-sized) bottle of the drink of your choice and join as Adwitiya steers this ship one last time this year, bringing to you your daily dose of silly cycling news needs
28 December 2023, 16:48
The year in cycling — all the biggest and best moments from the past 12 months

Step aside Spotify Wrapped, here's the year-end round-up you all have been waiting for. Presenting the official road.cc year in cycling, With a Little Help from all our friends — including you, our readers!

Here's to 2024 Getting Better!

road.cc 'Year in cycling 2023'

> The year in cycling — all the biggest and best moments from the past 12 months

28 December 2023, 10:26
“Cyclists only permitted users of the road, not intended”: US Court says city not liable for cyclists hitting potholes… after cyclist suffers life-changing injuries from a five-inch deep pothole

I know things are bad here, but spare a thought for our across the pond friends in the state of Illinois, USA.

Cyclist Clark Alave had lodged a complaint against the state's capital city of Chicago four years ago, after striking a five-inch-deep pothole near Western and Leland avenues in Lincoln Square, fracturing his teeth and suffering facial cuts, scars and injuries to his hip and shoulder in the process.

> Los Angeles cyclist awarded $6.5m damages after pothole crash

The suit was first dismissed by the Cook County circuit court in July 2021, but a court of appeal later reversed that decision and upheld the suit.

However now, the Illinois Supreme Court this month has ruled that the city won't be liable for injuries sustained by Alave... because the roadway was not "intended" for cyclists.

In the striking ruling which could have ripple effects for cyclists throughout the country, the state Supreme Court said that cyclists are only "permitted" users of the road, and not "intended" users unless there is specific signage or bike lanes are present.

This is despite the Chicago Municipal Code which grants cyclists permission to ride on streets in the city. The state also has its own Bicycle Rules of the Road document, which states: "Bicycles are not defined as vehicles but generally have the same rights and responsibilities as motor vehicle drivers".

However the court said that "this does not mean that the city intended bicyclists to use every roadway in the city that motorists are intended to use".

Cyclists on social media have expressed their frustration and dejection at the court's decision, calling it "backwards" and "asinine".

> Chicago cop charged after trying to pin blame for collision on injured cyclist

Twitter user John the Cliff Dweller said: "Bike riders pay the same taxes but get to use only 10% of city thoroughfares. This ruling indemnified the city to improve and expand the network of "intended" surfaces for use of bicyclists."

Another person raised concerns of the danger of this ruling, commenting that it could potentially be be used against cyclists hit by motor vehicle drivers.

The cycling advocacy group Ride Illinois, meanwhile, has been left disappointed and is seeking further legal action to challenge the Supreme Court's ruling, and has filed amicus briefs in support of the plaintiff, reports ABC News.

Dave Simmons, executive director of Ride Illinois, said in an interview with Capitol News Illinois that he was "frustrated" with the court ruling. He said: "There should be some responsibility, and the fact that bicycles are permitted - and not intended users - of the road just thwarts our efforts to make biking, in turn walking, something that more people can use to get around or enjoy."

28 December 2023, 15:34
The vigilante we need, but don't deserve: The "bike whisperer" who returns stolen bicycles and helps thieves change

All heroes don't wear capes — some wear snazzy jackets and jeans.

At least this bus driver from Reykjavík does. Back in 2019, Bjartmar Leósson started to see a rise in bike thefts in the Icelandic capital. A self-proclaimed bike nerd since his teen years, instead of just turning a blind eye to the problem which would go on to persist every city trying to increase cycling amongst its population like the plague, he decided to embark on a mission to find the stolen bikes — and return them to the rightful owner.

Four years and, according to Leósson's estimate, hundreds of salvaged bikes later, the 44-year-old has developed a reputation amongst cyclists and potential bike thieves as the Reykjavík “bike whisperer”. People across his home city turn to him for help to find their missing bicycles, tools and even cars. Often, he says, bike thieves hand over bikes without being asked and some former bike thieves have started to help him, reports the Guardian.

Posted by Bjartmar Leósson on Monday, 25 December 2023

Now when somebody loses their bike it can take as little as 48 hours to track it down on his Facebook page, Hjóladót ofl. tapað fundið eða stolið (Bicycle stuff etc lost, found or stolen), updated every few hours with missing and found items and which has more than 14,500 members.

"At first I was very shocked and angry at the situation," he said. "A lot of bikes outside the shelter, a police car driving past, no one doing anything.

"I was very angry, they were angry – it was very rough at first. But then I started to think: OK, it doesn’t matter, I can scream until I’m blue in the face, nothing’s going to change. So I decided to try to level with them and just talk to them."

From that point, something changed. He started to become friends with residents of the shelter, some of whom started to help him track down bikes. Some of those, he said, he helped into rehab and the impact on Leósson himself was life changing.

28 December 2023, 15:14
New kit klaxon: Intermarché's new threads 🧶

How does the saying go? If it ain't broke, don't fix it?

Presenting my favourite team's jersey, a very minimal update on last year's great kit, swapping out the abstract merging patterns for sharper, distinct lines. Minimalism's everyone's friend I guess. 

28 December 2023, 13:55
"Interesting slant on the helmet debate"

Look folks, I didn't want to go to this dark place as the year ends, but road.cc user Gimpl has tested the waters, so it's naturally my responsibility to share it with you all...

Commenting on Le Ny's quotes about the helmet protecting him from, erm, an attempted assault and burglary, this is what they had to say...

Gimpl comment 28 Dec live blog

What do you think? Is this take on wearing helmets valid?

28 December 2023, 13:07
How much rest do I need between rides? Avoid overtraining and become a fitter, faster cyclist
How much rest do I need between rides Dec 2023

Rest is where your body adapts from the training you've done, but what’s the optimum recovery time to maximise those adaptations, and what techniques can help you to adapt?

> How much rest do I need between rides? Avoid overtraining and become a fitter, faster cyclist

28 December 2023, 12:19
"I got hit several times": French pro rider Benjamin Le Ny escapes violent bikejacking attempt and thanks helmet for protecting him from blows

French pro rider Benjamin Le Ny has fortunately managed to escape a violent bike robbery attempt, taking a couple of blows from his assailants in the process.

Le Ny, this year's winner of the general classification at Tour de Guadeloupe was out for a training ride when he was attacked who were targeting the cyclist's bike. But he managed to outsmart the attackers and take refuge in a nearby gas station. He shared the story on social media, and thanked the manager who helped him hide his bike.

He added: "I was hit several times but luckily my bike helmet protected me well. I thank the police who quickly arrived to the scene to help me."

28 December 2023, 12:00
I think there might be a couple of things wrong with this map...

Right off the top of my head I can see so much wrong with this map, I don't even know where to start. So here's a fun little activity for you all in the comments: Does this map represent the "most famous" riders from the old continent (we can discuss the mistakes of the semantics of that later...)

28 December 2023, 11:55
Five cool things at Christmas: Here are the winning cycling-themed festive gifts and prize winners
campagnolo wall clock five cool things winner

We asked you to send us pics of what you got for Christmas, and you didn't disappoint. Here are the five best, who will all bag some cycling schwag in the new year...

> Five cool things at Christmas: Here are the winning cycling-themed festive gifts and prize winners

28 December 2023, 10:55
Wout Van Aert and Eli Iserbyt show slick cyclocross bike handling skills

Always a good time for some cyclocross content on the live blog, featuring the top two from yesterday's Superprestige Heusden-Zolder: Belgium's Wout Van Aert and Eli Iserbyt.

> Is cycling ‘woke’? Cycling and culture wars discussed with a Conservative aide, plus Lucinda Brand and Eli Iserbyt on the future of cyclocross

28 December 2023, 09:58
Christmas jumper wearing Tadej Pogačar does wheelies… in the middle of the road?

"These youngsters will practice their wheelies anywhere now!"

Buckle up, cycling's leading entertainer is here to deliver the presents post-Christmas. While everyone else from the pro peloton has been out and about showcasing their teams' latest kits, sometimes in even weird and cringe ways, the two-time Tour de France winner was seen donning a (not) ugly Christmas jumper and doing wheelies on his Colnago in the middle of the road!

Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.

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25 comments

Avatar
eburtthebike | 10 months ago
3 likes

Am I the only one wondering why being permitted to use a road, rather than being the intended user, removes the legal responsibility of the road owner to make it safe.  Surely if you permit someone to use something, you are responsible for making it safe for them?

I don't understand how the authorities can permit use of something without taking responsibility for making it safe: is this some kind of language problem with Americanish?

Avatar
Hirsute | 10 months ago
4 likes

No surprises that the cyclist is blamed by a few despite the driver actually being jailed for a year

https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horr...

Avatar
mattw | 10 months ago
0 likes

The Chicago has judges all over 55, and is heavily gerrymandered in favour of Democrats.

But I don't think these will be getting any help from the Trumpite majority on the US Supreme Court.

Avatar
Rendel Harris replied to mattw | 10 months ago
4 likes

mattw wrote:

The Chicago has judges all over 55, and is heavily gerrymandered in favour of Democrats.

But I don't think these will be getting any help from the Trumpite majority on the US Supreme Court.

Speaking as someone who has been over fifty-five since October, I'm not sure that's an age at which, as you seem to imply, one becomes incapable of decent decision making.

Avatar
HoarseMann | 10 months ago
3 likes

Looks like Chicago city council have unintentionally permitted a bike hire dock at the location of this pothole:

https://maps.app.goo.gl/TYd5WywdVjVtfHcU9

Avatar
Bungle_52 | 10 months ago
5 likes

Driver jailed for a year for causing horror crash with cyclist

https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horr...

Cyclist appears to be wearing hi vis and helmet on the video.

Only a 2 year ban and only careless, not dangerous, driving.

Avatar
wtjs replied to Bungle_52 | 10 months ago
4 likes

The West Midlands Police seems to think that this sentence will shock potential offenders, whereas he will be out in 6 months and like-minded drivers will simply think 6 months isn't too bad, and the only penalty for driving without a licence would be a longer ban to ignore

Avatar
Bungle_52 replied to wtjs | 10 months ago
1 like

Obviously too lenient but a good result when compared to this one from essex

https://road.cc/content/news/motorist-racially-abused-and-reversed-cycli...

suspended sentence and 20 month ban for delberately ramming and injuring cyclists.

Avatar
Bungle_52 replied to wtjs | 10 months ago
0 likes

Obviously too lenient but a good result when compared to this one from essex:

https://road.cc/content/news/motorist-racially-abused-and-reversed-cycli...

suspended sentence and 20 month ban for deliberately ramming and injuring cyclists.

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nniff replied to Bungle_52 | 10 months ago
0 likes

The driver of the silver people carrier should hand their licence in too - for being a see you next tuesday and not stopping.  What the hell is wrong with people.

And hi-viz counts for nothing if drivers don't look.  As the driver didn't come to a halt, it's a classic of two moving objects on a constant converging course relative to each other.  Again.

Seeing that highlights how I got to spend 9 hours in St George's A&E for the same sort of incident.

Avatar
Bungle_52 replied to nniff | 10 months ago
0 likes

The reason I mentioned hi viz and helmet is that the defence would not be able to use lack of these in mitigation. They obviously shouldn't be able to do that any way but it has been done in the past.

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ktache | 10 months ago
2 likes

I kind of appreciate that in Chicago my bicycle would have as much agency as a driver...?

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brooksby | 10 months ago
3 likes

I can't be bothered to google it but iirc there was a similar US court case some years ago, where a cyclist went between the planks on one of those quaint wooden covered bridges. The local authorities had removed planks for repair and not bothered signposting this fact because no cars would fall through. Long story short, the cyclist lost the case and the town council was found to have no liability then either 

Avatar
andystow replied to brooksby | 10 months ago
2 likes
brooksby wrote:

I can't be bothered to google it but iirc there was a similar US court case some years ago, where a cyclist went between the planks on one of those quaint wooden covered bridges. The local authorities had removed planks for repair and not bothered signposting this fact because no cars would fall through. Long story short, the cyclist lost the case and the town council was found to have no liability then either 

That was the previous Illinois precedent that this case unfortunately upheld. Both terrible rulings. I'm in Illinois (not Chicago though). Hopefully the legislature does something about it. They did improve bike law somewhat just five years ago or so, so there's hope.

Avatar
Gimpl | 10 months ago
2 likes

"but luckily my bike helmet protected me well"

Interesting slant on the helmet debate. Turns out they're to protect us from a mugging! Who knew?

Avatar
ubercurmudgeon | 10 months ago
7 likes

So, are they going to put up signs on all the junctions onto these particular kinds of streets, or on all the borders into the municipality or county or state where this bullshit legal definition applies, saying, "Warning, cycling is not an intended use of this road, proceed at your own risk"? This is the country, after all, that necessitated the addition of "May contain nuts" warnings on packets of peanuts.

Reason #473 never to move to the United States.

Avatar
Brauchsel replied to ubercurmudgeon | 10 months ago
3 likes

ubercurmudgeon wrote:

This is the country, after all, that necessitated the addition of "May contain nuts" warnings on packets of peanuts.

With peanuts being legumes rather than nuts, and with nut allergies capable of being fatal, what is wrong with warning nut-allergy sufferers that a bag of not-nuts might contain trace elements of something that might kill them?

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mitsky | 10 months ago
10 likes

Someone needs to point out to the lawmakers and courts in the US that bicycles (cyclists?) were on the roads for a fair while before cars were invented...

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chrisonabike | 10 months ago
11 likes

RE “Cyclists only permitted users of the road, not intended”

Meh. One of the most auto-centric places in the world, with courts (currently top to bottom) even more active than those in the UK to defend "tradition" / the rights of the wealthy / powerful interests, currently in a particularly bitter state of polarisation.

Avatar
Beatnik69 replied to chrisonabike | 10 months ago
7 likes

Surely they have it arse about face. Motorists are the ones who need a licence to dive on the roads and as such, are literally permitted. Cyclists have the right to be there.

Avatar
belugabob | 10 months ago
9 likes

From the Twitter/X feed
"Bike riders pay the same taxes but get to use only 10% of city thoroughfares. "

...followed by...

"No matter how wrong this ruling is, your understanding of taxes and the utilization is more wrong. Fuel taxes pay for the upkeep of roads. That would be motorized vehicles that utilize petrol."

...so, by that logic, EVs should "get off our roads"

The lack of consideration for others, in today's society seems to be both irrational and off the scale.

Avatar
mctrials23 replied to belugabob | 10 months ago
8 likes

Part of the issue is that social media allows idiots to find each other really easily and pat each other on the back for their shitty world view that even a retard would probably question. Even 2 minutes of googling would tell them that cars don't even come close to contributing enough for road maintenance through any direct taxation of motoring related items. Fucking morons. 

Avatar
chrisonabike replied to mctrials23 | 10 months ago
1 like

Can't be bothered to google it now but I thought that "direct" motor taxes more than covered "the roads budget" e.g. the construction and maintenance of motor infra?  The maintenance bit is clouded by this being split between national (e.g. Highways England) and local groups (national parliaments, councils and local authorities) of course and it is now apparent that we haven't doing enough of the latter.

However - what it doesn't cover is all the "externalities" - these are "what we choose not to include in these figures" e.g.:

Environmental effects such as pollution, rapid water run-off from all the non-permeable surface e.g. roads.

Health effects - pollution again including particulates from tyres; direct KSIs from crashes - detailed guide to economic impacts / UK summary of  economic impacts - assessed as a notable fraction of GDP (allowing for estimates of unreported crashes also), encouraging sedentarism, effect of road noise on sleep etc.

Damage to infrastructure (crashing into "road furniture", buildings - although if you throw in insurance perhaps that covers some?) etc.

Of course we should note the benefits of mass motor transport and haulage.  Although given that motor travel is bound up with our "way of life" (of the last 100-ish years, say) that can be hard to quantify.  There is far more than the bare economics of it - private motor vehicles tie in to our concepts of adulthood, status, "freedom" and autonomy... and even "keeping people connected" although often that's actually patching around the physical disconnection which was facilitated by mass motoring in the first place etc.

Avatar
andystow replied to chrisonabike | 10 months ago
3 likes
chrisonabike wrote:

Can't be bothered to google it now but I thought that "direct" motor taxes more than covered "the roads budget" e.g. the construction and maintenance of motor infra?

This article is about the US, though. Federal fuel taxes go into the Interstate Highway Fund, which doesn't collect enough to even maintain the Interstate system (our M roads) that cyclists mostly aren't allowed on. State auto registration fees barely cover the cost of collecting them (most states it's $100-$300 per year for any vehicle.) State fuel taxes typically cover 30%-70% of state roads. The rest are county and local roads which are paid for almost entirely from the general fund, which usually comes from property taxes and sales taxes.

Even the direct costs of motoring are massively subsidized here.

Avatar
chrisonabike replied to andystow | 10 months ago
0 likes

andystow wrote:

This article is about the US, though. Federal fuel taxes go into the Interstate Highway Fund, which doesn't collect enough to even maintain the Interstate system (our M roads) that cyclists mostly aren't allowed on.

Quite right, I was reverting to my UK parochial goggles again!  And another nice reminder that while the US may contribute much to e.g. cycle design, flagging up the issues with motoring and highlighting good ideas from elsewhere - it's definitely not the place to copy anything from regarding active travel, planning and zoning, the suburbs or public transport...

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