Cyclist who killed OAP, 81, avoids court ‘because speed limits don’t apply to bikes’
Merchant banker was racing at speeds of up to 47kph when he smashed into retired teacher
AN Irish merchant banker who knocked down and killed a pensioner while cycling in London was not prosecuted over the death as there are no laws governing speed limits for cycling in the UK.
Hilda Griffiths, 81, died after she was struck by banker Brian Fitzgerald, who was part of a high-speed peloton race through the park – at up to nine miles an hour above the motoring speed limit.
She was crossing the road on the junction of Outer Circle and Hanover Terrace at 7.31am on Saturday, June 25, 2022.
Cyclists do not have to adhere
‘Wanton and furious driving’
to speed limits as they are excluded from road traffic legislation. Instead, prosecutors have to rely upon a 19th century Victorian law.
The loophole means cyclists who cause death or serious injury on the roads can avoid prosecution.
Mr Fitzgerald, who is from Dublin, faced no criminal proceedings after the Metropolitan Police determined there was little prospect of a conviction as bicycles are not subject to speed limits.
Mr Fitzgerald, who lives in a £2million five-bed redbrick terrace house in north London, refused to comment when asked about the tragic incident which left Ms Griffiths lying mortally wounded on the ground.
According to the Muswell Hill Peloton Group’s Facebook page, which has 468 members, core activities include anti-clockwise chain gang or paceline laps of Regents Park.
The page states: ‘It is normally a very fast and disorganised ride down into town. Lights obligatory in winter months; helmets highly advisable.’
Since 2013, more than 30 pedestrians have been killed by cyclists in England and Wales.
Figures held by the UK’s Department of Transport show more than 1,420 pedestrians have been killed or seriously injured.
There have been almost 5,000 casualties reported, according to the latest figures.
Ms Griffiths’ inquest heard Mr Fitzgerald was riding with Muswell Hill Peloton through Regent’s Park while completing high-speed laps.
The inquest heard the cyclists were travelling in excess of the posted 20mph (32kph) limit within the park, reaching up to 29mph (47kph).
Ms Griffiths was walking her dog at the time and was crossing the road.
Privately educated Mr Fitzgerald, who went to the fee-paying Castleknock College in Dublin, told Ms Griffiths’ inquest that he had ‘zero reaction time’ before the collision with the retired nursery teacher.
Ms Griffiths suffered several fractures and bleeding on her brain and started vomiting blood. She died 59 days after the collision, although the incident was not recorded on her death certificate.
An inspection of the GPS devices used by Mr Fitzgerald showed that the cyclists’ averaged 25mph (40kph) – despite a 20mph speed limit in the park. At one stage their speed peaked at 29mph (47kph) – covering almost 13 metres per second.
The Mail has learned that the Metropolitan Police ‘considered’ prosecuting Mr Fitzgerald for ‘wanton and furious driving’ – an antiquated piece of legislation – but failed to seek the Crown Prosecution Service’s advice.
The legislation was used to prosecute Charlie Alliston, who was jailed for 18 months in 2017 after he struck and killed Kim Briggs who was crossing a road in east London in 2016.
Alliston was riding an Olympic-style racing bike which was not fitted with a front brake. He was found guilty under the antiquated legislation. Ms Briggs’ husband Matthew has lobbied the British government tirelessly since his wife’s death seeking to close the loophole.
Under road traffic legislation in the UK, someone found guilty of causing death by dangerous driving faces a potential maximum sentence of 14 years.
Mr Briggs said: ‘After seven years of campaigning alongside other families who have lost loved ones, I’m delighted and very grateful to Iain Duncan Smith MP for his support.
‘It finally seems we are making some progress. This amendment could bring a degree of comfort for families in knowing that they may not have to face the same legal trauma that my family and others had to face after cyclists have caused fatal injuries.
‘It would act as a much-needed deterrent to ensure cyclists obey the rules of the road.’
‘It would act as a deterrent’