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  • News
Pothole in Chicago (Twitter)
Pothole in Chicago (Twitter) (Image Credit: Farrelly Atkinson)

“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
  • by Adwitiya Pal
Thu, Dec 28, 2023 10:18
25

SUMMARY

  • Christmas jumper wearing Tadej Pogačar does wheelies… in the middle of the road?
  • Wout Van Aert and Eli Iserbyt show slick cyclocross bike handling skills
  • Five cool things at Christmas: Here are the winning cycling-themed festive gifts and prize winners
  • I think there might be a couple of things wrong with this map...
  • "I got hit several times": French pro rider Benjamin Le Ny escapes violent bikejacking attempt and thanks helmet for protecting him from blows
  • How much rest do I need between rides? Avoid overtraining and become a fitter, faster cyclist
  • "Interesting slant on the helmet debate"
  • New kit klaxon: Intermarché's new threads 🧶
  • The vigilante we need, but don't deserve: The "bike whisperer" who returns stolen bicycles and helps thieves change
  • “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
  • The year in cycling — all the biggest and best moments from the past 12 months
Pothole in Chicago (Twitter)
Pothole in Chicago (Twitter) (Image Credit: Farrelly Atkinson)
28 December 2023, 10:18

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!

Pogacar no grau! 🎥 IG @tadejpogacar pic.twitter.com/QghDWwcqU4

— BikeBlz (@BikeBlz) December 27, 2023

28 December 2023, 10:18

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.

Balé#cyclocross #aert #iserbyt pic.twitter.com/tE36twzm0k

— O País Do Ciclismo (@opaisdociclismo) December 27, 2023

> 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, 10:18

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

campagnolo wall clock five cool things winner
campagnolo wall clock five cool things winner (Image Credit: Farrelly Atkinson)
campagnolo wall clock five cool things winner
campagnolo wall clock five cool things winner (Image Credit: Farrelly Atkinson)

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, 10:18

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…)

A few of the most famous cyclists froom the old continent 🇪🇺#cycling pic.twitter.com/Y2WZLupgjc

— CyclingBottle (@Cyclingbottle) December 28, 2023

28 December 2023, 10:18

"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, 10:18

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
How much rest do I need between rides Dec 2023 (Image Credit: Farrelly Atkinson)
How much rest do I need between rides Dec 2023
How much rest do I need between rides Dec 2023 (Image Credit: Farrelly Atkinson)

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, 10:18

"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
Gimpl comment 28 Dec live blog (Image Credit: Farrelly Atkinson)
Gimpl comment 28 Dec live blog
Gimpl comment 28 Dec live blog (Image Credit: Farrelly Atkinson)

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

28 December 2023, 10:18

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. 

Our new look for 2024 😍

📸 @cyclingmedia_ag pic.twitter.com/f9hxvUSRG1

— Intermarché-Circus-Wanty (@IntermarcheCW) December 26, 2023

28 December 2023, 10:18

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, 10:18

“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

Utter asinine ruling, IL has a 21 page Illinois Bicycle Rules of the Road pdf.

State Law says
‘Bicycles are not defined as vehicles but generally have the same rights and responsibilities as motor vehicle drivers’

Quite irresponsible of the State to be selective about Bycycles

— de Gunner (@Trini_DD) December 25, 2023

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.

besides being backwards, this reasoning seems dangerous? like it could be be used against cyclists hit by motor vehicles or used to more actively police cyclists? merry xmas i guess… https://t.co/okOMkE0Prl pic.twitter.com/gHRFmcQBPl

— sahra (@sahrasulaiman) December 25, 2023

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

— John the Cliff Dweller (@dogstar7tweets) December 25, 2023

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, 10:18

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'
road (Image Credit: Farrelly Atkinson)
road.cc 'Year in cycling 2023'
road (Image Credit: Farrelly Atkinson)

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

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  • cycling live blog, live blog, road.cc live blog
Adwitiya Pal
twitter
Adwitiya joined road.cc in 2023 as a news writer after completing his 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 Cymru, and also likes to write 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.  

25 Comments

25 thoughts on ““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”

  1. belugabob
    December 28, 2023 at 11:12 am
    0

    From the Twitter/X feed
    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.

    Log In or Register to post comments
    • mctrials23
      December 28, 2023 at 1:47 pm
      0

      Part of the issue is that

      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. 

      Log In or Register to post comments
      • chrisonabike
        December 28, 2023 at 3:08 pm
        0

        Can’t be bothered to google

        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.

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        • andystow
          December 28, 2023 at 4:33 pm
          0

          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?

          — chrisonabike

          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.

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          • chrisonabike
            December 28, 2023 at 4:54 pm
            0

            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.

            — andystow

            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…

  2. chrisonabike
    December 28, 2023 at 11:37 am
    0

    RE “Cyclists only permitted
    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.

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    • Beatnik69
      December 28, 2023 at 12:13 pm
      0

      Surely they have it arse

      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.

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  3. mitsky
    December 28, 2023 at 11:42 am
    0

    Someone needs to point out to

    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…

    Log In or Register to post comments
  4. ubercurmudgeon
    December 28, 2023 at 12:39 pm
    0

    So, are they going to put up

    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.

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    • Brauchsel
      December 28, 2023 at 3:59 pm
      0

      ubercurmudgeon wrote:

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

      — ubercurmudgeon

      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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  5. Gimpl
    December 28, 2023 at 1:23 pm
    0

    “but luckily my bike helmet

    “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?

    Log In or Register to post comments
  6. brooksby
    December 28, 2023 at 1:50 pm
    0

    I can’t be bothered to google

    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 

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    • andystow
      December 28, 2023 at 4:18 pm
      0

      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 

      — brooksby

      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.

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  7. ktache
    December 28, 2023 at 2:00 pm
    0

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

    Log In or Register to post comments
  8. Bungle_52
    December 28, 2023 at 4:19 pm
    0

    Driver jailed for a year for

    Driver jailed for a year for causing horror crash with cyclist

    https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horror-crash-cyclist

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

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

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    • wtjs
      December 28, 2023 at 4:27 pm
      0

      The West Midlands Police

      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

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      • Bungle_52
        December 28, 2023 at 7:31 pm
        0

        Obviously too lenient but a

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

        https://road.cc/content/news/motorist-racially-abused-and-reversed-cyclists-305589

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

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      • Bungle_52
        December 28, 2023 at 7:41 pm
        0

        Obviously too lenient but a

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

        https://road.cc/content/news/motorist-racially-abused-and-reversed-cyclists-305589

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

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    • nniff
      December 28, 2023 at 5:16 pm
      0

      The driver of the silver

      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.

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      • Bungle_52
        December 28, 2023 at 7:04 pm
        0

        The reason I mentioned hi viz

        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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  9. HoarseMann
    December 28, 2023 at 5:40 pm
    0

    Looks like Chicago city

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

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

    Log In or Register to post comments
  10. mattw
    December 28, 2023 at 8:38 pm
    0

    The Chicago has judges all

    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.

    Log In or Register to post comments
    • Rendel Harris
      December 29, 2023 at 2:18 am
      0

      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.

      — mattw

      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.

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  11. Hirsute
    December 28, 2023 at 10:53 pm
    0

    No surprises that the cyclist
    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-horror-crash-cyclist

    Log In or Register to post comments
  12. eburtthebike
    December 29, 2023 at 9:56 am
    0

    Am I the only one wondering

    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?

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Delibrary

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