Reflective tape

The change to wintertime and the accompanying drop in light leads to a problem with the visibility of pedestrians, cyclists, and scooter users. Every year, there is an increase in accidents involving the most vulnerable road users.

 

“Pedestrian road mortality peaks in autumn/winter. Almost half of the pedestrians killed each year are killed during the four months from October to January. The number of pedestrian accidents increases by 50% during the first weeks following the change of time,” reports Captain Yoann Keraudran, commander of the departmental road safety squadron of the Meuse.

 

Clearly, for your safety, it is better to be clearly visible and well equipped. On foot, by bike, or by car. The opportunity to recall some simple prevention tips.

 

If you are a pedestrian

Avoid the dark. “Stay visible by wearing light colors or a reflective accessory. With reflective accessories, pedestrians are visible 150 meters away. Walk on the left side of the road to see the vehicles coming in front.” In addition, a satchel equipped with self-reflecting bands offers more security. There are bags with fluorescent or reflective patterns, you can also sew the bands yourself.

 

If you are a cyclist

In traffic, the driver and passenger of a cycle, if they are under 12 years old, must wear a helmet that complies with the regulations. The detail that is not: this helmet “must be attached”. Wearing a certified retro-reflective vest is compulsory for all cyclists, and their possible passengers, traveling outside built-up areas at night or when visibility is insufficient. Lighting is compulsory.

 

It is forbidden to wear any device capable of emitting sound, earphones, earphones, or headphones, to the ear. The use of a hand-held telephone is also prohibited. “There is no device allowing cyclists to phone en route to date,” said Captain Keraudran.

 

If you are a motorist

The obligatory lights of the vehicle must be in good working order. “It is strongly recommended that you have a box of spare bulbs in the car.” “Driving with defective lights is an offense and can be penalized in the event of a control,” says the gendarme.

 

Driving in winter

When the roads are snowy, it is important “to have suitable equipment and to adapt your driving”. It is advisable to be vigilant, especially in areas at risk, shaded and wet areas such as bridges or forests, marked with a specific sign.

 

“Winter tires, designed to improve grip and braking, can be fitted from mid-October and removed around mid-March. “On these slippery roads, it is necessary to”reduce your speed, respect the safety distances” and, it must be emphasized,” always give priority to snow removal and salting machines”.

Cyclists belong to the group of vulnerable road users. This means that in the event of an accident, they do not have any protection against possible injuries. Therefore, police officers make all drivers aware of certain basic safety rules.

 

Road safety depends on all road users. Therefore, to avoid hazards when overtaking a cyclist, special care should be taken and a safe distance must not be less than 1 meter. In addition, it is important to respect all rules related to the right of way. Signaling your maneuvers significantly affects the safety of road users.

 

People under 18 need an appropriate document to drive a bicycle. It may be a bicycle card or a driving license of category AM, A1, B1, or T. Children up to 10 years of age, driving a bicycle under the supervision of an adult, move on the roads based on pedestrian traffic.

 

While there are no entries in the bicycle traffic regulations regarding protective helmets or reflective vests, it is worth remembering that these are elements that significantly improve our road safety. The helmet protects the head, which is the part of the body most exposed to injuries. The vest, on the other hand, allows the driver to see it even in difficult weather conditions.

 

Cyclists who have access to a cycle lane or special lane are required to use them. They increase the comfort and safety of cyclists. Remember that the same rules apply to them on the road.

 

A cyclist who has a bicycle lane or a bicycle lane at his disposal is obliged to use them. On these roads, the same rules apply as on the road, i.e. you must drive on the right side at a safe speed. In the absence of the above-mentioned roads, the cyclist may move on the road.

 

The police urge all drivers to respect road traffic regulations and to respect each other.

If the Covid-19 crisis has had one virtue, it is to accelerate environmental awareness and to inflate the rise of electromobility. While they went from 38,000 to 102,083 between 2010 and 2015, sales of electrically assisted bicycles (VAE) soared in the second half of the decade.

 

514 672 VAE were acquired by the French in 2020, an increase of 29% compared to 2019, already a record year. In total, according to the Cycle Observatory, the electric bicycle represented more than 1 billion euros in turnover in France over the last year.

 

On its own, it generates a third of cycle market revenue. Logic: it is sold on average at 2,079 euros, against 394 euros for a classic bike. This, excluding bonus awarded for example by the Ile-de-France Region of 500 euros (or 50% of the price) for a classic bike or 600 euros (or 50% of the price) for a cargo bike. Prices mainly due to the battery which, if it represents 10 to 20% of the weight of an e-bike, contributes 25 to 65% of the final amount.

 

In this buoyant market, the city bike type electric bicycle is performing well in 2020 with 40% of sales, followed by mountain biking at 27% and VTC at 21%, the latter technically suitable for mixed city use and country walks.

 

Because it is in urban areas that the madness of the VAE asserts itself the strongest. Normal, this is where it is best suited. “The main interest of the electric bicycle is to flatten the ribs. It offers perfect assistance on the way up and makes it possible not to arrive sweaty at work or a meeting”, comments Bertrand Lambert, presenter of “Parigo”, every Saturday at 12:05 on France 3 Paris-Ile-de- France.

 

In addition, after the first deconfinement, the City of Paris set up “coronapistes” who run along the routes of the metro lines. Originally provisional, these cycle paths are called upon to be perpetuated and transformed to offer real safety to cyclists. Because the electric bike is fast… In town, it is even faster than the car. The average speed of movement of a Parisian VAE is 19 km / h, against 14 km / h for a car.

 

The trend will accelerate further

At this speed, if the helmet is not yet mandatory, it is highly recommended. Bike sales jumped, but so did traffic accidents. Over the whole of 2020, according to figures from the Paris police headquarters, there were 919 cyclists victims of a road accident, against 680 in 2019. Among them, 8 died. Wearing a helmet, gloves, suitable shoes, and a reflective vest is more relevant than ever.

 

In addition, if no decision of global obligation has yet been taken by the public authorities, they have already legislated in the direction of protection against theft. Since January 1, “registration” of new bicycles, electric or not, is compulsory for purchase. It is a marking of the frame with ten unalterable alphanumeric characters. The number is written on the purchase invoice and recorded in a national file with the owner’s contact details, the description of the machine (color, make, model), and possibly its serial number as well as that of the battery.

 

“The problem is that if the law obliges you to mark your bike, nothing has been organized for that. There are no well-defined rules and we remain in the dark. Above all, if this will perhaps allow the police to find stolen bikes, it will be by chance. They will not launch specific searches. It’s not like a car,” comments a salesperson from the cycle department at Decathlon, not very convinced.

 

While the measure will not deter thieves, it will not hold back buyers either. The madness of the VAE is well and truly set to last. The Cycle Observatory estimates that the trend towards purchasing electrified bicycles will further accelerate in the years to come. While it took five years to reach the 500,000 units sold in one year, industry professionals believe that the milestone of one million electrified bikes sold will be crossed in 2024.

 

The ultimate proof that the phenomenon will continue and grow: since 2018, a battery recycling sector has been set up under state approval, Corépile. In two years, it has already recycled more than 100,000 pieces of light electric vehicle equipment (bicycles, but not only) aged between five and ten years. The process takes place in five stages: collection, disassembly, the partition of cells, separation of metals, and, finally, reuse or disposal. The responsible economy has taken the wheel of pedelecs.

The weather is good for spending your free time on bicycle trips. However, it should be remembered that when cycling, we belong to the group of unprotected road users. Police officers remind the most important rules and safety rules for cyclists.

 

For most people, cycling is a way of spending free time and recreation actively, for others it is a means of communication for commuting to work, school, or shopping. Anyone who uses a bicycle on the road should know that a bicycle, like a car or any other vehicle, must meet safety requirements. It should be operational and have the obligatory equipment.

 

The bicycle should be equipped with:

at the front – at least one white or selective yellow position light (maybe flashing);

at the rear – at least one red reflex reflector not triangular in shape and at least one red position lamp (maybe flashing);

at least one effective brake;

with a bell or other warning signal with a non-piercing sound.

The bicycle can be equipped with:

 

at the front – white reflective light;

on wheels – car yellow reflectors (at least one per wheel);

on pedals – yellow reflective lights;

Continuous ring-shaped reflective stripe on both sides of the tire, or continuous ring-shaped reflective elements on the side surfaces of the wheels.

A bicycle checkout and a reflective vest are not obligatory, but it is worth using them. The helmet protects our head in the event of a fall. The vest increases our visibility, giving other road users time to behave appropriately.

 

Keep in mind that:

a bike rider who is under 10 years of age may use the roads only under the supervision of an adult. According to Polish regulations, he is considered a pedestrian,

a cyclist who is 10 years old and under 18 may drive a bicycle on a public road, in a residential zone or traffic zone only if he has a bicycle card or a driving license of category A1, B1 or T.

After the age of 18, you do not need to have a license to drive a bicycle.

 

Transportation of people by bike

 

A child up to 7 years old may be transported on a bicycle, provided that it is placed on an additional seat that ensures safe riding. You can also transport a child in a trailer structurally adapted to transport people, pulled by a bicycle or a bicycle stroller.

 

A person over 17 years of age may transport another person on a bicycle.

 

In particular, the cyclist is not allowed to:

 

drive without holding at least one hand on the steering wheel and without feet on the pedals,

talk on the phone if it requires holding the handset in your hand,

cling to vehicles,

drive along the sidewalk or a pedestrian crossing,

overtake a vehicle at and directly in front of a pedestrian crossing, except for the crossing on which traffic is being directed,

avoid a vehicle that was driving in the same direction, but stopped to give way to a pedestrian,

drive around abandoned barriers or half-barriers at the railway crossing and enter the crossing if leaving them has started or lifting has not been completed,

drive while drunk, after using alcohol or a similar agent.

Where can a cyclist go?

The bicycle driver is obliged to use the bicycle path, bicycle path, pedestrian path, or bicycle lane if they are designated for the direction in which he or she is moving or intends to turn. If he moves along a path for bicycles and pedestrians, he is obliged to exercise particular caution and give way to pedestrians.

 

Bicycle lanes differ from a cycle path mainly in that they are separated from the road surface, e.g. by a solid line or pavement color, while a cycle path is structurally separated from the road, e.g. by a green belt. Often, like the pavement, it is higher than the road.

 

And when there is no road intended specifically for cyclists or it cannot be used e.g. due to road works, then the cyclist should move along the roadside, and if it is impossible – along the road (near the right edge). He may ride on the left side of the road on the terms of pedestrian traffic if he is an adult and takes care of a child under the age of 10 who rides a bicycle.

 

Not every road is intended for bicycle traffic. The regulations prohibit the movement of bicycles (and mopeds) on expressways and highways.

 

The use of the sidewalk or pedestrian path by a bicycle rider is allowed exceptionally when:

 

he looks after a bicycle driver up to 10 years old,

the width of the sidewalk along the road, on which vehicle traffic is allowed at a speed greater than 50 km / h, is at least 2 m and there is no separate road for bicycles and a lane for bicycles,

weather conditions endanger the safety of the cyclist on the road (snow, strong wind, downpour, black ice, dense fog).

A bicycle lock is also a place intended for a cyclist. It covers a part of the road at the entrance of the intersection along the entire width of the road or selected lane, in front of the car stop line. It is designed to stop bicycles to change direction or give way. When the signal is green, cyclists set off earlier than the cars behind them.

The law of 5 July 1985, known as the Badinter law, sought to improve compensation for victims of road accidents who do not drive a car: pedestrians, cyclists, children, the elderly, etc.

 

Its article 3 states, in fact: “The victims, apart from the drivers of motorized land vehicles, are compensated for the damage resulting from the attacks on their person which they have suffered, without their fault being able to be brought against them except their inexcusable fault if it was the sole cause of the accident. ”

 

The courts rarely retain the existence of an “inexcusable fault”, as shown in this recent example: the evening of 29 December 2015, M me  A, dressed in the dark, walking on a country road, when she fatally hit by a car. The following investigation shows that she was under the influence of alcohol and drugs and that, a few minutes earlier, she had tried to throw herself under another vehicle.

 

No-fault is held against the driver, Ms.  B. The family of Ms.  A nevertheless pursues the driver, accusing her of a lack of control, as well as her insurer, to be compensated for her “damage affection”.

 

Drunk and barefoot

The high court of Albi (Tarn) rejects her, after having noted “the inexcusable fault” of the victim, but she appealed. His lawyer argues that “alone, willful misconduct, of exceptional gravity, exposing its perpetrator without a valid reason to a danger of which he should have been aware, can exonerate the driver from his responsibility”.

 

He recalls that “the Court of Cassation only accepts the exclusion of the right to compensation in a strict manner, and in particularly serious cases such as the victim of lying down at night in the middle of a busy traffic lane. and without lighting”.

 

On February 18, 2021, the Toulouse Court of Appeal reversed the judgment: “Si [M me  A] was walking barefoot, dressed in black, on a departmental road devoid of public lighting and where the speed was authorized at 90 km / h, it was not traveling in the middle of the road, but on the left side about its direction of travel, then facing vehicles arriving in the opposite direction, but above all, it was then under the influence of a very high alcohol level of 2.77 gr/liter in the blood, associated with significant traces of cannabis and an antidepressant, so that it is not established that she was then aware of the danger to which she was exposing herself.”

 

The court ordered the insurer to pay 14,000 euros to the mother of M me  A and 6000 euros to each of two of his brothers.

 

The following case pits a cyclist, who rolls in the wrong direction, one evening, in a street in Nanterre, and the police who hit him, causing him to fracture his right arm.

 

In the absence of an amicable agreement on the amount of his compensation, the cyclist, Mr. X, assigns the State judicial agent. The Versailles Court of Appeal confirmed, on January 14, 2021, that his ” misconduct” cannot be qualified as “inexcusable”, given the precautions he took to be visible (reflective vest, headlights on). She also considers that this fault is not the “exclusive cause” of the accident: the driver should have checked whether a vehicle was coming from his right, before entering the street. The court confirms Mr. X’s “entire right” to compensation.

 

The Court of Cassation regularly recalls that it is necessary to “characterize” the existence of an inexcusable fault, as the following example reminds us. On October 14, 2012, around half past midnight, Clément, 16, and Xavier, 17, were cycling on a departmental road when they were hit by a car. Clément, thrown forty meters away, dies. Xavier is injured. Areas Dommage, the insurer of the driver, summons the parents of the two minors, to ask that they are not entitled to any compensation, because of the “inexcusable fault, exclusive cause of the accident”, that they would have committed.

 

The Montpellier Court of Appeal, which rules on January 16, 2018, admits the existence of such a fault: it judges that the young boys have, “voluntarily, at night, decided to take the departmental road, instead of the cycle path, to return faster, while their bicycles were devoid of any lighting, and that, given their respective ages, they were aware of the danger”.

 

Xavier and Clément’s parents appeal to the Supreme Court. They explain that inexcusable fault “requires the victim’s absence of a valid reason to expose himself to danger”. However, they argue, in particular, the two teenagers had chosen to take the departmental road “to avoid the dangers presented by the unlit cycle path, rutted and strewn with obstacles”, and “by granting the headlights cars sufficient visibility capability for their drivers”.

 

The Court of Cassation admitted, on March 28, 2019, that the elements noted by the Court of Appeal do not “characterize” the existence of an inexcusable fault. It quashes the judgment and sends the parties back to the Nîmes Court of Appeal.