A letter to the Leader of Brent Council on enabling socially-distanced active travel

Dear Councillor Butt,

I understand that Brent has had a huge challenge dealing with the immediate effects of the COVID-19 epidemic and that most council work during the last two months has had to go into trying to prevent the spread of infection in care homes, ensuring homeless people are housed and fed, and all the other critical issues arising.

While I recognise the excellent response of the council to these immediate challenges, I urge you to consider that a large part of the next phase of dealing with the crisis will be to ensure that people can get back to work and school while ensuring social distancing. This is particularly problematic for Brent because of the traditional high reliance on public transport in the borough (having the largest number of tube stations of any London borough) and the fact there is not excess road capacity for a large number of new car journeys to be made (which would be very bad for the health of the population anyway, even if there was, not to say that it would exclude the large percentage of families without cars).

Both the government and Transport for London (under the Mayor) have recognised that the pandemic creates an entirely changed situation, in the need to rapidly and radically upgrade the highway environment to enable more jouneys on bike and foot. The major potential in Brent, with most many regular journeys being between 1 and 5 miles in length, is clearly for cycling. 

You will be aware of the new network management statutory guidance issued by the Department for Transport last month calling on councils to reallocate road space to people walking and cycling, and giving very clear, concrete examples of what the government expects councils to do, in terms of Installing ‘pop-up’ cycle facilities with a minimum level of physical separation from volume traffic, the introduction of more ‘school streets’, restricting access for motor vehicles at certain times (or at all times) to specific streets, modal filters (also known as filtered permeability), closing roads to motor traffic, for example by using planters or large barriers, and ‘whole-route’ approaches to create corridors for buses, cycles and access only on key routes into town and city centres.

I am sure you are also aware of the very tight timetable of allocation of funding for these measures announced by the DfT on 28 May: bids must be in this week, and you will be aware of the stipulation that 'To receive any money under this or future tranches, boroughs and TfL will need to satisfy the Department that there are swift and meaningful plans in place to reallocate road space to cyclists and pedestrians, including on strategic corridors’ (my emphasis).

I am therefore writing to urge you to immediately approve and insist on an ambitious plan for socially distanced active travel provision that will benefit all the people of Brent in both the short and longer term, that fully meets the requirements outlined above: a plan that has clear specifics, is deliverable, and transformative.

Thank you very much.

Yours,

David Arditti

Constitution Hill

I think to a foreigner it would be almost impossible to explain the current constitutional situation in the UK, as it makes no sense.

A referendum was fought on the principle of 'making our Parliament sovereign again'. But now the people who supported that idea have suspended the Parliament. But how can a sovereign parliament be suspended? If it can be suspended against its majority will (which has not been tested), then it can't truly be said to be sovereign.

The Queen approved the suspension. Is the Queen sovereign? In theory, yes, she does have that title, but if she always follows the convention of accepting the advice of the Prime Minister, which she does, then not in practice. In practice, then, he is the Sovereign, but he was only elected by 180,000 Conservative Party members. The EU requires member states to be governed democratically. Is this a democratic set up?

The suspension is being challenged legally, but does a court have any power to rule that the Sovereign has acted unconstitutionally? Does the supposedly sovereign Parliament have the power to limit or change the powers of the actual Sovereign?

Whatever anyone says, having no written constitution for a country is a problem. Every silly little club and charity in the country has to have a written constitution. There are good reasons for this. Instead the country itself has a mush and a mess of historical precedents, laws and practices, and has always tried to 'get by' on this.

Giving the UK a written constitution seemed to be a popular idea in the last century (does anyone remember Charter 88?). I remember the Independent newspaper advocating for it. But it's never been regarded as a politically important subject, just something for geeks to get excited about.

It's different elsewhere. The constitution of the Irish Republic is printed in a little book that every schoolchild has. There's no need there to consult some academic on the arcana of historical precedent to decide (or most probably not be able to decide) what the constitution says. Everybody knows.

To me, a clearly written-out constitution has got to be the bedrock of good governance of any corporate body, from a local club to a superpower. Where constitutions are lacking, or bad, or corrupted, we always find bad and corrupted governance.

It's well-known how the Weimar Republic fell from democracy into the dictatorship of the Third Reich. An important element was how the parliament (Reichstag) allowed the written constitution to be changed implicitly, by passing legislation that contradicted it, rather than going through the correct procedure for changing it. The post-war Bundesrepublik constitution went to lengths to make clear that this must not happen again.

This distinction has no meaning in the UK, which lacks a separate body of constitutional law with its own regulations for amendment. Some people regard this as an advantage, pointing to, say, the difficulty the United States has with amending its 18th Century constitution, and the difficulty of interpreting the amendments, such as the controversial, oddly-worded (to us) Second Amendment that buttresses gun rights in the USA. The Trump period has, however, shown us some of the permanent strengths of that constitution, with its separation of powers that limit his capacity to wreak havoc or act as dictator.

The basis of the current UK settlement lies in the facts of the Glorious Revolution of 1688, when the current line of monarchy was installed, in collaboration with Parliament, in exchange for an agreement of limitation of monarchical power, under threat of a foreign army and navy (the Dutch). The metaphysical vagueness of the concept of sovereignty of The-King(Queen)-in-Parliament that resulted is a principle of constitutional order that no-one seems to understand (a bit like the Holy Trinity). But it enshrines a fusion of legislative and executive powers that is in contrast to the separation the American Founding Fathers were so keen to create a century later.

This is now tested to the full with a Prime Minister who does not have a majority in Parliament for his main policy, but who acts as if he does, using prerogative powers deriving from the monarch, who by convention has to agree with him, though her legislative sovereignty lies only in Parliament: a parliament that the Prime Minister can, apparently, stop acting, by prorogation, even though it is not apparent that Parliament has confidence in him.

Even though some of the UK constitution is enshrined in statute law, it's not written down together in any one place where a politician or anyone else can get to understand it. Parliament is regulated by a written-down set of conventions and precedents known as Erskine May, that the Speaker of the Commons interprets, but seems to have the power to change as well. It's all an incredible mess.

I've written a few constitutions in the past, in collaboration with others, and they've been quite successful, continuing to smoothly regulate the activities of organisations ranging from a few up to 3,000 people. I'd be quite happy to help with the one the United Kingdom desperately needs. I await the call from Her Majesty, in hope.

A question of perception: some thoughts on the Michael Mason case

(Disclaimer: I am in no way connected with this case, except that my partner was a Trustee of the Cyclists Defence Fund, the charity that took this case to court.)

Michael Mason was a lifelong cyclist who was cycling up Regent Street in Central London on 25 February 2014 when he was given fatal injuries through being struck from behind by a car travelling at speed. I wrote two years ago, after a vigil had been held at the site of the collision, and the Metropolitan Police had refused to initiate any legal proceedings agains the driver, that:

If this is allowed to stand without further legal or political challenge, the position seems to be that any good and responsible cyclist cycling in every way within the law can just expect to be be killed by a driver running them over from behind, there need be no rational explanation of the incident, and the driver may just walk away from such a killing with no legal procedure following and a blameless record. The implications are quite horrific for all who cycle on our roads.

As I anticipated then, a rare private prosecution subsequently took place, funded by donations to the Cyclists Defence Fund (CDF). And, as I acknowledged might happen, the jury did take the same view as the police, who did not want to prosecute this case, and acquitted the driver of the charge of causing death by careless driving.

The vigil at the site of the killing of Michael Mason in 2015

Nevertheless, I am absolutely certain that this case should have been brought to court. The CDF doing this brought to light a mass of evidence that was not available when I wrote in 2015. This eye-opening evidence would not have come to light otherwise. It is described in Duncan Dollimore's long blog post for Cycling UK, and this is essential reading as background to the rest of what I write here, or certainly the first nine sections of it (down to the heading There to be seen).

I'm going to set aside here any deficiencies in the police investigation of the case, which may be regarded as serious, and just base what I write on that report of what happened in court, on the evidence that was gathered and presented to the jury. In doing this, I am assuming that the account referenced is a fair, accurate and complete one, as I was not present in court. It is, admittedly, difficult to separate the court case from the administrative cock-up that preceded it. The jury may well have been influenced by knowledge that the police had not wanted the case to go to court, though, as Dollimore's account makes clear, the judge was of the opinion that it was a case that should be tried.

The key points that came to light, it seems to me, are that:

• Michael Mason, cycling at night with lights and reflectors in a brightly-lit Regent Street, pulled out into the right-hand lane to overtake a stopping bus (as cyclists have to do constantly in UK towns and cities)
• After he did that he was hit squarely from behind by Gail Purcell's (the defendant's) car, so hard that he was thrown into the air, a large dent was made in the front right-hand bonnet of the car, and he subsequently died from head injuries.
• Purcell claimed never to have seen him, though she said she heard an impact
• Purcell did not stop until made to do so by a witness who ran after her and caught her at traffic lights.

These are my reflections:

'Seeing' is an internal fact of a person's consciousness, a product of eye, brain and mind (if these are considered separate entities). No-one other than Gail Purcell can really know whether she saw Michael Mason on his bike before or during the collision, or whether she saw anything that might indicate to her she had been involved in a collision. Whether she saw anything or not is fundamentally unprovable in a court case. I daresay the jury took this view, and acquitted her, choosing to believe her account that she did not see anything, or to give her the benefit of the doubt, given that it could never be proved whether or not she was telling the truth about what she saw. They may even have considered that the fact that she did not stop after the crash tended to corroborate the view that she was telling the truth in claiming not to have seen anything. (An alternative interpretation, of course, is that she was aware of what had happened, and was fleeing the scene.)

However, that a driver should remain on the road when their perception of what is going on around them has been, on one tragic occasion, and could be again, so appallingly inadequate as to allow them to kill a human being right in front of their car who should have been plainly visible, that they should remain on the road, driving, with no sanction, is deeply worrying. Can driving with such deficient awareness be regarded as, by definition, 'careless' driving in the meaning of the law? This jury, and juries in many other comparable cases, have answered this question: 'no'. But are they competent to make this judgement, and where does that leave the protection of vulnerable road users?

I'm no fan of jury trials in general, not just in road traffic cases, but in normal criminal cases. I've been on a few juries, and not been impressed with how the system works. I don't think the British 'trial by jury' system leads to an honest, dispassionate search for the truth. I think jury trials tend to be a kind of costumed masque, a theatrical put-on, where a selection of the general public somewhat selected for their lower than average educational or professional attainments are attempted to be cajoled, or tricked, by slick professional actors into believing stories that are not true, or into believing that true accounts are a pack of lies. The side with the better, more convincing actors has a good chance of winning, whether it is in the right or not.

Juries are not a cross-section of the population. Too many people are able to get out of serving on juries, one way and another, and they tend to be the more intelligent part of the population. Anyone connected with the justice system or the police is barred from being on a jury, as are teachers, doctors and members of the armed forces: together, a very significant slice of the higher-attaining segment of the population. Other professionals seem to be able to argue easily they have responsibilities that absolve them from the duty. Others just refuse to go, and nothing seems to happen to them. So juries tend to be composed mostly of lower-skilled employees, housewives and tradespeople.

In cases of cycling deaths caused by bad driving, this is a particularly problematic situation. It amounts to a motorist being tried by other motorists, by, most likely, rat-running school-run mothers and white van men, who probably do believe that cyclists should not really be on the road, and are responsible for the perilous position in which they put themselves. Such jurors likely put themselves in the position of the driver who, though an 'understandable' lapse of attention, has managed to do fatal damage. Drivers who never cycle just perceive the situation on the roads in a very different way to people who do cycle on the roads, those who do cycle on the roads are a small minority of the population, and it really looks like this affects justice in cases of cycle fatalities. As Mark Treasure has pointed out, of 276 drivers involved in fatal cycling collisions between 2007-14, only 80 received a disqualification. 71% were left free to carry on driving. Just imagine it if all cases of personal harm occurring in the course of robberies were tried by juries of thieves. They would obviously tend to let the defendants off, sympathising with them, feeling that 'Theft is just a thing that you do, a way of making a living, and sometimes thing go wrong, and people get hurt, but we can't help that'. This is the tendency in cases of cycling death.

Clearly mine is a deeply cynical view, but I am supported in the idea that in these cases jury trials are not the best way to get justice by Martin Porter QC, who writes with an inside-knowledge of the system (and a background of course as a cyclist, with involvement in many cases of death and injury to cyclists):

Often these juries acquit after less than an hour of deliberation, even when the evidence against the driver seems very strong. 

Why? One reason appears to be that driving offences seem far more likely than other serious crimes to invoke empathy and compassion from a jury. “There but for the grace of God go I” is not a thought likely to cross many jurors’ minds with murder, rape, terrorism or knife crime. But surveys show that a majority of drivers admit to breaking speed limits, and almost all can probably remember a lapse in concentration or worse when in a car.

The jury in the Michel Mason case took only 17 minutes to reach their 'Not Guilty' verdict.

I can't know what the family of Michael Mason have gone through; I have no connection with them. Nothing will bring Michel Mason back, and nothing will bring back all the other cyclists, pedestrians, drivers and car passengers killed by bad, inattentive drivers. I have no great interest in seeing severe punishment of grossly incompetent drivers like Gail Purcell (though I think removing their licences permanently when they kill would be appropriate): what I do have a great interest in is in moving to a situation, where, one way or another, they don't have such common opportunity to kill me when I am on my bike.

I'm not so naive as to believe any campaigning by cycling or road victims' organisations is likely to get the time-honoured British system of trial by jury changed. I also believe general social attitudes to these questions are very unlikely to change in the short-term (by which I mean in my lifetime). Given when sociologists call the 'normative' character of driving in our society, and the likelihood of cycling continuing to be somewhat 'deviant', democracy is never going to be on my side. I therefore tend to attack the problem from a different direction, as readers of this blog will by now know. I want cyclists out of harm's way. We shouldn't have to constantly do the manoeuvre on busy, dangerous streets that Michael Mason was doing when he was killed, pulling out into the path of drivers who may well be so deficient in their perception of their environment that they fail to see us, and they kill us. There are better systems.

A better system, under construction in Enfield (Photo: Brian Deegan)

A bretter system, under construction in Brent (My photo)

A better system, in use in Lambeth (My photo)

The part of Regent Street on which Michael Mason was killed is but yards from the junction where the current design for Cycle Superhighway 11 would terminate its segregated cycling provision, like that shown above, were that scheme to be built. That scheme is currently one of the many cycling schemes put on hold by Sadiq Khan, Mayor of London, over the last year, where construction could already have started. If CS11 were to be built according to current plans, of course it would then be highly desirable, and eminently possible, for it to be extended from Portland Place all the way down Regent Street.

My jury is still out on Sadiq Khan and his Cycling and Walking Commissioner Will Norman. If their lengthy period of stasis on new cycle schemes is being used to gestate a grand new strategy of cycle infrastructure provision that will allow the Mayor to spend effectively the substantial sum he has promised to cycling, then the wait will have been worth it. If, however, their delay is due to political timidity, as Andrew Gilligan seems to suspect, then their honeymoon period will soon have run out, and campaigners will have to start shouting loud against them. Recall that by the same stage in the last mayoralty, Gilligan, as Cycling Commissioner, had already announced a visionary programme. And still there had to be a rush of work in the last year of the Johnson mayoralty to ensure a reasonable amount was built (a rush that Khan seems to frequently criticise as 'disruptive'). I'm not attacking Khan, I'm simply looking at the calendar. It's looking increasingly improbable that he will be able to deliver on his promise of tripling the length of segregated Cycle Superhighways in his term, or even come close.

In one of my most popular (or notorious) posts in this blog, Cycling is dangerous, I wrote the following paragraph, which, six years on, and after quite a lot of positive developments for cycling in London, I still feel has much relevance:

People who get on bikes in traffic quickly realise they have no protection other than their own physical capabilities and wits. They discover that they are totally on their own. Nobody and nothing will protect them, not the Highway Code, not the police, not the Crown Prosecution Service, not the courts. And the roads are often designed to make things as dangerous as possible for them. This utterly uncontrolled, socially anomalous danger of cycling is what makes it unique as a legal activity. Being a pedestrian can sometimes have a similar character, but not for so long, as pedestrians are mostly segregated from traffic. Cycling, for a normal activity, that we would hope would be an everyday one, as opposed to a special one like mountaineering or skydiving, is tolerated by our society as uniquely dangerous.

As seeing is an internal, personal perception, which cannot be proved or disproved, by anyone else, so is the subjective feeling of safety or danger. I started this post by referencing Duncan Dollimore's article on the Cycling UK website. How did reading that yesterday make me feel when I went out on my bike today, on my regular journey on one of London's major roads, the A5, which has all the hazards a major UK urban road can have? It made me more worried about my safety, about cycling. I found myself checking my mirror even more than usual (and I usually do it a lot), wondering, as I pulled out into the outside lane to overtake parked cars or stopped buses, as I must, if that motorist behind me is that one in million who has my number, that one whose perception of what is on the road in front of them, in plain view, is so appallingly deficient that they might just continue on the same course and at the same speed to kill me.

That was just my perception, but perceptions matter.

A meeting with Will Norman and Val Shawcross

It is nearly ten months since Sadiq Khan won the London mayoral election for Labour, defeating the Conservative candidate Zac Goldsmith. As readers are likely to know, he promised to meet the demands of the London Cycling Campaign, most importantly including building more cycle Superhighways to triple the provision of segregated space on London's roads in four years, and extending the mini-Holland programme to every borough. Since then, it's all been very quiet. There was no immediate replacement for the last Cycling Commissioner, Andrew Gilligan, and, other than an announcement that the (largely back-steet and non-segregated) extension of Superhighway 6 towards St Pancras planned under Gilligan would go ahead, there have been no announcements of any definite new plans for cycling. A new bridge across the Thames from Wapping to Rotherhithe, promised by Khan during the campaign, has been mentioned by him often (along with pedestrianisation of Oxford Street, the effects of which on cycling cannot yet be predicted), but other than that, cycling affairs seem to have been in deep-freeze. Of the other two Superhighway schemes consulted on just before the election, there have been non-commital statements on CS11 to Swiss Cottage, which received public approval in the consultation and so is a scheme that was 'ready to go', while the plans for CS 10, the extension to the East-West Superhighway from Lancaster Gate to West London have vanished without trace, with not even any report on the consultation ever published.

Missing in action, presumed dead: the plans for the westwards extension of the East-West Cycle Superhighway

I've refrained from commenting on this hiatus, as the new Mayor needed time to get his feet under the desk, select his team and come up with his own strategy after assessing the results of what the last mayor had done. However, it has been deeply frustrating seeing such a successful programme apparently grind to a halt. Even the work that needed to be completed on CS 3, the East-West Superhighway from Parliament Square to Westbourne Grove that was already programmed, seemed to be taking for ever, with nothing new definitely in the pipeline. The Mayor announced a £770m budget for cycling for the next five years, but how could this possibly be spent?

So we had finally a development last week, when the new Walking and Cycling Commissioner, Will Norman, took up his post, having been appointed in November, and started making public pronouncements. When Andrew Gilligan became the first Cycling Commissioner in 2013, his views  were already quite well known to cycling campaigners due to his press articles, and he had also met many of us and asked our opinions before taking up the job. Not so with Will Norman, who came on this scene as a totally unknown quantity. No-one I have met had ever heard of him before he was given the job. We were told by the Mayor that:

Will specialises in increasing levels of physical activity and participation in sports around the world, working with a range of international organisations... [including the] UN, European Parliament, G8, World Health Organisation and International Olympic Committee... 

Will, who cycles every day in London, has a strong background of working with private and public partnerships, and a wealth of experience in getting people from a wide range of backgrounds active. Before joining Nike in 2013, Will set up a successful social research consultancy and was also Director of Research at The Young Foundation, where he was responsible for delivering multi-million pound European programmes and established a youth leadership organisation... 

At Nike, Will has spearheaded a programme to make physical activity a global policy priority... Among his work has been a partnership with UNESCO and the German Development Agency GIZ to successfully reform physical education in South Africa, bringing activity and sports to thousands of primary school children for the first time since the 1990s.

Others who had applied for the job had been leaders in local government, campaigners, journalists, architects, planners and engineers. The choice of Will Norman was a surprising one, given a slight nebulosity of his connection to the subject in hand, that is, as I would characterise it, physically planning better walking and cycling conditions in London, and working politically to put such plans though the labyrinth of relevant controlling bodies. Still, Andrew Gilligan was perhaps no more obviously fitted to the role when he started, and yet he did achieve quite a lot.

So we were all very excited to hear that, soon after being appointed, Will would speak to a meeting at which we could attend and ask questions. Even better, he would do so with Val Shawcross, the Deputy Mayor for Transport. The meeting was part of the Street Talks programme, started by Bruce McVean and colleagues in a Holborn pub, and later taken over by Sustrans London. It took place last Wednesday at Look Mum, No Hands café. It was completely booked out, and I am sure a much larger venue could have been filled, such was the level of interest. Virtually everyone known for their interest in cycling in London was there, including Andrew Gilligan, the last commissioner, and another transport expert who many thought might get the Commissioner job, Christian Wolmar.

Such was the high level of interest in this meeting people were queueing in the street.

In a packed Look Mum, No Hands

It was apparent really from the start of this meeting there was something of a mismatch between what Shawcross and Norman had come prepared to tell their audience, and the sort of information the audience wanted. The audience was a group of campaigners for walking and cycling. There was no need to explain to them the myriad social, economic and health benefits of getting more walking and cycling in cities. They had also mostly heard the vague talk of 'Healthy Streets' emanating recently from Transport for London spokespeople, and probably seen the cheerful-looking slides before. They wanted details. They wanted to know what this administration would actually do on the ground. They wanted to know why key projects the last Mayor had proposed, CS 10 and CS 11, were stalled, and what would come next. They wanted to know how the new mini-Holland programme (re-christened 'Heathy Town Centres') would look, and be rolled out, and what would happen to the largely failed Quietways programme. They did not get this information, and there was an increasing level of frustration palpable at being given 'motherhood and apple pie' recipes for the healthy city of the future. As Mark Treasure tweeted about 30 minutes into the meeting:

So far I've learned that cycling and walking is healthy and it would be good if more people walked and cycled #streettalks

The Healthy Streets slide you've probably seen before

The chair seemed to believe there would be some sort of debate in the room about the basic desirability of changing the city to enable higher levels of cycling and walking, which showed how out-of-place he was. (Apparently he was an employee of 'The Prince's Trust, whatever that is). It may be worth recalling that the first time Andrew Gilligan had addressed the public after his appointment, he already had a quite specific 'Vision' document he had written with the Mayor to show campaigners, and he was announcing brand-new and highly-ambitious schemes, such as 'Crossrail for the Bike' (which became CS3, and got built), a 'Bike Grid for Central London' (which did not really happen), better Superhighways (which happened at CS3, CS5 and CS6, but not CS1), a 'Jubilee Line Route' from the West End to Wembley (which did not happen), and 'Mini-Hollands in the suburbs" – three of which happened, though only one of which, the Waltham Forest one, is yet really impressive. So compared to all this promise in 2013, the Shawcross-Norman act at Look Mum, No Hands in 2017 was insubstantial indeed.

I asked Will Norman for some details. What schemes would he be bringing forward first? He said he wouldn't make announcements on the programme, as the was going to be a process of analysing where the most demand was in order to prioritise the next phase of cycle network development. He was prepared to say that CS 4 and CS 9 would be consulted on this year. This means that construction on those could begin in 2018. (It is widely believed that CS 9, an East-West Superhighway running through Houslow and Ealing, and Hammersmith & Fulham, will just have to stop at the boundary of Kensington & Chelsea, as the Royal Borough won't allow Cycle Superhighways on its streets.)

The sharpest interest from the audience was on the future of CS 11 and its proposed associated part-time gate closures at Regent's Park. A question on this received the reply from Val Shawcross that Regent's Park was a dangerous place for pedestrians, and so the solution for the Superhighway needed to take this into account. So, you would have thought, she would be jumping at the opportunity to remove rush-hour through-traffic from the park by selectively closing gates. But, no, bafflingly, she uttered these words:

Gate closures will happen if that's what we need to do, but we are looking at alternatives for a safer park.

What could that possibly mean? It seemed that she was considering a segregated track for cyclists. Now, I am one of the world's leading supporters of segregated cycle tracks, as the whole of this blog testifies, but I can't really see how one on the Outer Circle of Regent's Park would solve the problems there. It might reduce traffic speeds slightly, by restricting space for motor traffic, but it would not reduce traffic volume in the park as closing gates selectively would. Of itself it would not facilitate pedestrians crossing the roads. It would not provide the space that the sports cyclists need for their circuits; it would be a disaster for them, as they would be squeezed on to the narrowed road space. The only way to make a track wide enough to cater for utility, commuting and sports cyclists of all types would be to make it the width of the whole road (minus the car parking) – in other words, to go back to the idea of having an unsegregated road, with no through motor traffic on it.

The consulted plan for CS 11 with the proposed part-time gate-closures

No-one campaigning for the implementation of CS 11 wants a cycle track solution in the park. The suggestion of it by Shawcross now might even be seen as a cynical attempt to split the pro-CS 11 lobby by driving a wedge between the utility cyclists, who would benefit from the track, and the sports cyclists, who would disbenefit. A track would do nothing for the pollution levels in the park, which would continue to be a taxi rat-run. Without the closure of Macclesfield Gate, there will still be too much traffic on Avenue Road between Swiss Cottage and the park for it to act as a safe or inclusive Cycle Superhighway. The whole scheme will be ruined. A cycle track on the Outer Circle is a non-starter. Why is Shawcross raising this possibility at all? Why not just get on with the already consulted plan? It makes no sense to say that the safety of park users is a top priority, and then keep the Outer Circle open as a rush-hour rat-run.

Other questions came on development issues such as the Olympic Park, where the cycle infrastructure built on this blank slate site has been highly disappointing, and Old Oak Common, which is another stalled mayoral development project. Again there were no details forthcoming. I don't suppose Norman has had time to look at any of this yet, so it is not surprising. But what I might have expected, reasonably, I think, from him and Shawcross was some more strategic indication of where they would be going in relationship to how cycling had been left by the last administration. What did they think of the facilities that have been built? What did they think had worked, what had failed, and why? What should be improved, what, specifically, are the next steps in making 'London a by-word for cycling', as Sadiq Khan has promised? We really didn't get this. We did get a statement from Shawcross that the Santander hire scheme (AKA Boris Bikes) would not be expanded, as it is too expensive to do so. We didn't get any commitment to review the rather modest target of achieving 1.5 million cycle journeys a day by 2021.

There were some stranger thing in the meeting. One questioner referred to the high-pollution days we have been experiencing in London, and asked, 'Rather than tell people not to go out and take exercise, why can't you tell people not to drive instead?' All the audience understood what this was about, having seen tweets along these lines from TfL, and applauded the question. But Shawcross bizarrely misunderstood, despite lots of people trying to should out to explain it to her. This was a question about messaging, but she interpreted as a question about closing roads locally, or more widely, for 'car free days'. She seemed to be quite against these, cv claiming that 'the science is not behind' trying to reduce pollution by closing roads. There was a ruckus. There was more disbelief in the audience when it transpired that the Chair didn't know what mini-hollands were. It was like being at a debate on medical ethics where the chair had never heard of stem cell research, or something like that.

Shawcross and Norman merely putting to the meeting a broad view on making streets better for cycling and walking, without any firm proposals for particular locations, might have been seen as fair enough, except that the problem was (and I have Shawcross more in my sights here than Norman, as she has been in post for much longer, and is an experienced politician) that they were talking as if they were starting from nothing, as if the last administration had not also had strategy on these things, and had not done quite a bit of good. They were not acknowledging this. They were talking as if an active travel agenda had to be created for the first time ever, and not as if the main issues had been gone into already, and many problems found, particularly with realising such a vision with the fragmentation of authority between the Mayor, the boroughs, the Corporation, the Royal Parks, the Canal and River Trust, other bodies, and opposition from powerful versed groups. They were not telling us how they hoped the new administration might overcome issues that the old one could not, such as the blockages caused by the critically-placed anti-cycling councils in Westminster and Kensington & Chelsea.

I had already asked Val Shawcross about CS10, the extension west of the E-W Superhighway, at a meeting last year. She had said then that TfL were 'looking at different options to decide a way forward'. We all know however there are no options other than the plan which was consulted on, to create a cycle track on the elevated Westway, as all the other roads west out of central London are, at least in part, controlled by the Royal Borough of Kensington & Chelsea. We got no more information on this, leading one to suspect she  and TfL have no more clue about it. The Superhighway has now been built as far as Westbourne Terrace. This is where it was meant to join the Westway. It is now just going to end at the huge, awful junction of the A40 and Harrow Road, where cyclists will have n-where further to go. I am genuinely fearful about this. The Superhighway from the parks will attract many hire-bikes and tourists, who will end up at this point and be abandoned. I really fear bad things will happen at the end of the Superhighway at Westbourne Terrace. Coming up with no solution here is a dereliction of duty on the part of Sadiq Khan and Val Shawcross.

The existing plan for CS3 and CS10, the E-W Superhighway. It now ends in Westbourne Terrace

Nice new cycle tracks in Hyde Park will now deliver cyclists like this...

...to here, Westbourne Bridge, where the Superhighway should have gone on to the flyover, but now will just run out.

Will Norman, from my first brief engagement with him, came across as personable and able to talk to a crowd. He seemed like a nice guy, but I wonder if he knows what he's got himself into. I am worried he could become a fall-guy, the person angry meetings, of similar composition to the meeting at Look Mum, No Hands, shout at over the next three years at as the Mayor fails to deliver on his cycling promises, but who lacks the influence or political heft to do anything about it. The huge advantage that Andrew Gilligan had was that Boris Johnson did back him, and never undermined him, never put him out front to take the flack for decisions he wan't responsible for.

The Heathy Streets agenda that Shawcross and Norman were promoting sounds good in theory, but how will it collide with the political reality of the opposition they will get to any attempts at reallocating space on the roads or changing the functions of roads, demonstrated so clearly by the totally unreasonable opposition to CS 11 and the Regent's Park gate closures, and the numerous failed Quietway schemes around London, where councils didn't believe their residents would support the closing of streets to through motor traffic? It sounds as if the Healthy Streets initiative could easily descend into a programme of uncontroversial prettification. We could easily get the benches, more trees, nice paving, a few extra crossings, and no reduction in motor traffic, and no more high-quality space for cycling. Sadiq Khan has made a much bigger 'thing' than his predecessor of tacking the life-threatening air pollution we suffer from in London, in his speeches, at least. But what has he actually announced after 10 months in the job? He has announced a higher rate of congestion charge on a rather small number of the most polluting cars entering the very small area of the central charging zone. The response so far has not been in proportion to the problem, or the rhetoric, and Shawcross's comments on the undesirability of closing roads as 'Not supported by science' indicates such 'big talking' coupled with political timidity is likely to be the pattern for this administration.

The Quietway routes promised three years ago: only Waterloo to Greenwich has happened in any meaningful sense.

A change from the previous Mayor's policies would be, Shawcross told us at the Look Mum, No Hands meeting, that there would henceforth be a 'hierarchy' of consideration for the streets. Pedestrians would be at the top of this, followed by people on bikes, followed by bus users, followed by taxi users, with private motorists last. I'm afraid I'm not impressed with this talk. I've been listening for a quarter of a century to statements along the line of 'It is the policy of the London borough of Brokenham to priorities the need to pedestrians and cyclists above those of motor traffic'. These empty 'hierarchy' promises are easy to make to rooms full of active travel experts and enthusiasts, and always have been, they but don't often translate into reality in terms of space and junction time allocated on the streets for pedestrians and cyclists. They don't prevent you having to press a button and then wait two minutes before you can cross the road, and they don't prevent cycle lanes being ruled impossible due to a 'need' for parking. In practice, for nearly every real decision about priorities on the streets taken in authorities which have these stated hierarchies, the hierarchy, when it meets other, sharper political realities, suddenly gives way to a need to 'take into account and balance the needs of all road-users'.

I am told, and someone can correct me if it is not true, that there is a room in Transport for London's headquarters (or maybe in City Hall), somewhere at the top of the building, were there are lots of screens and lots of controls. This is the traffic control neve-centre for London. For TfL controlled roads, operators are monitoring traffic and queues, and they are trying to optimise traffic flow. This means the flow of motor traffic, not the flow or pedestrians or cyclists. They are making adjustments to signal timing all the time to try to keep the motor traffic flowing. They are reducing timings for pedestrian crossings where they feel it is necessary to reduce queues of motor traffic. They are explicitly prioritising cars over people. If all this is true, then I expect Shawcross and Norman to go to these people, and tell them, in future, they are going to have to do something different. If they don't, or can't, I am afraid I think we are being told fairy stories about this Mayor's approach to transport.

Five years ago

Five years ago today the video below was issued by London Cycling Campaign as part of a consultation exercise with its members to find out what their preferred campaign might be for the 2012 London Mayoral election. In it, I argued that the key first step towards mass cycling is the provision of high-quality segregated cycle tracks on main roads. This overwhelming support this concept gained from the membership led directly to the Love London, Go Dutch campaign, the commitments secured from Boris Johnson, his Mayor's Vision for Cycling, and the system of quality segregated cycle tracks we now see starting to be developed on the main roads of London, so conspicuously enabling all-abilites, 'eight to eighty' cycling in places where this had not be dreamed of before. So I am proud of this.



This is not to decry the proposers of the other three possible campaigns mooted in the video. They all make excellent points. But it was a matter of what was the best, most effective strategy for us to pursue at the stage we were at (and largely still are) in our development of a utility cycling system and culture in London.

In the video, the first proposed theme, that of getting larger numbers of children cycling to school, was an objective, not a mechanism. There was no contradiction or competition with my proposal there because the one was necessary for the other. A very large number of schools are only accessed on major roads that would need segregated cycle infrastructure in order to get kids and parents cycling to them. Other schools in other places would require different treatments of the roads around them. But putting a social result of good cycling infrastructure forward to be the campaign itself was not quite logical. And one might be struck by the fact that for a demonstrator background to that bit of video, a temporary 'artificial' situation was used, of the FreeCycle (then called SkyRide) ride round London where children do indeed come out cycling in large numbers because the roads are closed for a few hours. In contrast, the background to my segment was the real, permanent situation created by the Torrington Place cycle track in Bloomsbury (which was doubled in capacity last year).

The third proposal, for 'unwinding urban gyratories,' also contained a fallacy: the idea that merely making these major roads two-way would be of great benefit to cyclists and pedestrians, would actually transform them into pleasant places to be, without measures to also reduce the total motor traffic. I've dealt with that one here, and I think we've moved beyond this concept in policy terms now. I pointed out long ago how, where in it was tried in practice, for example in Piccadilly, the simple unwinding of gyratory systems proved to be no good for pedestrians or cyclists.

Then the final proposal, Love thy neighbourhood, for a campaign for area-wide traffic motor removal schemes through modal filtering, did of course advocate a policy that is essential to creating a truly people-friendly city. But it can never be the primary solution for cycling on the road grid that we already have, because we can't get rid of all the motor traffic arteries that most real cycle trips will need to use for part of the journey. A comprehensive application of Love thy neighbourhood principles would, at best, lead to a series of separate small districts in which cycling was an attractive option, cut off from one another by still-hostile main roads.

Then, proposing this as the first step from where we were, also, I hold, badly underestimated the huge political challenge of creating these calmed neighbourhoods in a political climate where most people cannot imagine everyday transport by bicycle and believe in general that having all possible routes for motor vehicles open is a good thing. The  Quietway element of The Mayor's Vision hit precisely this snag. It turned out, as I expected, that it was actually poltically far easier to carve space for cycling out of main roads by physical segreagtion, than it was to create routes on minor roads by closing rat-runs. Those who depend on car transport typically only think their street should be quieted. The next one, and the next one... they should all be  rat-runs to allow them to get places fast. This is a fundamental problem. We have seen that there is not yet political consensus on the general desirability and practicality of low-traffic residential areas in London.

We've seen that again and again, in Lambeth (Loughborough Road area), Camden (West Kentish Town), Hackney (London Fields) and so on, where progressive proposals from boroughs for area-wide traffic reduction in residential districts have been defeated by opponents. But, judging from consultation results, and also conversations I have with politicians, we do have consensus that main roads should allow protected space for cycling. We need the calmed neighbourhoods as well, of course, for many reasons beyond cycling, but it looks like being a while still before that argument can be generally won. Then again, a main point about the 2012 campaign was we were trying to influence the Mayor, and he controlled not the neighbourhood roads, but the major ones. So it made sense for the campaign to be calling for stuff that he could bring about directly.

The point about the main road treatments is they really do generate new users, they get people out of their cars and off the buses and tubes, and start to build up the mass of influence we need to get the other, more difficult changes through. That's why attempting to start with the other stuff wouldn't be very effective. That's why I stressed in the video: This is the first step to generating a real, mass cycling culture. The propaganda power of the cycle track carved in granite out of what was previously space ruled by motors is huge, and immediately comprehended by those who have never thought about this subject before, in a way that filtered permeability just isn't. In other words, as Paul Gannon said to me back in the last century: people cycling on separate tracks on busy roads make other people think I could could do that too to a far greater extent than any other engineering measure or piece of promotion does.

The proof of all this seems to me to be amply demonstrated by what we see on the roads of Central London today. Mind you, I never expected to see the scene that was videoed by Wayne David last Saturday at the Embankment, site of the East-West Cycle Superhighway, the route for which I first suggested to Andrew Gilligan, the future Mayor's Cycling Commissioner, in 2012.

Hundreds of people on bikes just rode down Embankment in London! pic.twitter.com/sGtRjABrlq

— WayneDavid (@WayneDavid81) July 23, 2016

Clearly this was not the normal usage of the Embankment even on a busy day for cycling. Bike Biz tried to get to the bottom of what it actually was: seemingly a semi-organised, semi-counter-cultural, semi-commercial youth street 'happening'. It attracted criticism, but I cannot but agree with one commentator on the BikBiz article, who wrote:

Looks like they've done a better job at getting young people on bikes than all of the government schemes put together...

They may have been preparing for the RideLondon FreeCycle this Saturday. This annual mass ride around closed streets in Central London has existed for many years under various names and sponsors. It was first suggested to the then Mayor, Ken Livingstone, by LCC. I've been somewhat negative about this event in the past: of the 2011 event, then called Sky Ride, I wrote:

In this event, a seven mile circuit of central London streets is given over exclusively to bikes for a few hours once a year, cyclists are dressed up like yellow canaries for no apparent reason except to unwillingly advertise Sky Sports, and a huge number of obstructive barriers is erected around The Mall to prevent anybody from conveniently walking anywhere, enforced by a huge number of paid-for-the-day officious event staff who shout orders at you and tell you what a good time you are having.

I saw it as  rather tokenistic and an excuse for the Mayor not taking decisive action to make cycling an everyday option for Londoners:

To expect Sky Ride to encourage more people to cycle under everyday London traffic conditions is like expecting the experience of taking a cross-channel ferry to encourage people to swim the channel. It unrealistic, as the conditions are so profoundly different.

But from where I sit now, having seen the changes since then, I reckon I was a bit harsh. Perhaps these events, though demonstrating the suppressed demand, did contribute to generating the political pressure that brought our present infrastructure programme into being. And, strangely enough, I am quite looking forward to this weekend's event. It looks far better than ever before, with a route that does not use the same roads there and back, as in the past, but is a real loop round, with various interesting alternatives to explore, using in part the new East-West Superhighway, but closing a lot of other roads to motor traffic besides. And, of course, if you are lucky enough to come from an appropriate direction, you can use a Superhighway to get there.

Maybe I will see you there. Look out for the Vole!

The Cycle Superhighway reaches Hyde Park

Construction of the East-West Cycle Superhighway (or CS3) in London has been continuing, and the sections on the roads in Hyde Park are nearly built, and to pleasing quality.

From the already-famous section on the Embankment, which opened on 6 May (the opening was Boris Johnson's last act as Mayor of London) the route is programmed to go via Bridge Street, Parliament Square and George Street (already constructed) via a new path on Birdcage Walk by St James's Park, a new bollard-segregated section past Buckingham Palace (mentioned in this post), and an upgraded path along the margin of Green Park in Constitution Hill, to the crossing of Hyde Park Corner, and thence along South Carriage Drive in Hyde Park. It will then turn sharply north on to West Carriage Drive (wrongly labelled as 'Exhibition Road' in TfL's own diagram, below) and exit the park at Lancaster Gate.

As I've pointed out before, this routing is not the most logical, and I expect most cyclists actually following the east-west route to connect from Apsley Gate at Hyde Park Corner to Lancaster Gate via the existing cycle path of the Broad Walk and the North Carriage Drive, which is more direct than the official route, which seems to have been chosen for political reasons between the Royal Parks Authority and Transport for London. I guess they did not want to 'encourage' more cyclists on to the already busy Broad Walk, full of pedestrians, cyclists and skateboarders, which has painted-line segregation and a poor design which is not effective at keeping pedestrians and cyclists apart. (One foolishness is that the benches must be accessed from the footpath by crossing the cycle path – it would be better to use the benches as a barrier.)

Rather than change this poor design in Broad Walk, the authorities have chosen to built a new high-quality route along the South and West Carriage Drives (which already had cycle facilities, but poor ones). This is in many ways a good thing. It creates a high-quality, high-capacity motor-traffic-free connection from Hyde Park Corner to Kensington Gardens and South Kensington (Exhibition Road) to replace the far too narrow, existing line-segregated path along the south side of the park. At the same time it benefits walkers, taming the rat-run of South Carriage Drive and taking flows of cyclists on the east-west axis well away from flows of pedestrians. The work on West Carriage Drive is also, in itself, welcome and long-overdue, replacing the strange and illogical mixture on on and off-road 'facilities' on different sides of the road that existed before, and creating a top-quality cycle connection north-south across the park from Exhibition Road to Westbourne Terrace, linking South Kensington to the future western extension of the Superhighway.

Boris Johnson opens the first phase of the East-West Superhighway in May

Two-way Superhighway on the west side of Bridge Street, heading for signals in Parliament Square

The old cycle path on Broad Walk does not effectively keep pedestrians out at busy times, and is often closed for events.

South Carriage Drive as it was: a wide, open fast rat run for cars with a painted cycle line that only hardened cyclists dared use, and space-wasting central islands that forced pedestrians to cross the road in two stages

Building work on South Carriage Drive in early July. A swathe of road on the park side is being segregated off for a 4m wide track. The old pedestrian islands are going, along with the old cycle lane, and the whole road is being moved southwards (to the right) slightly.

A completed section of 4m segregation on South Carriage Drive near Hyde Park Corner. The old cycle lane markings are still present and the red surface is old. Presumably it will be resurfaced.  

The track on the east side of the West Carriage Drive is largely complete and is 4m wide generally but widens to 6m at Alexandra Gate to allow for lanes for cyclists heading to and from Exhibition Road and cyclists following the Superhighway from and to South Carriage Drive.

Charlie Fernandes (@Charliecycling) demonstrates the width of the track approaching Alexandra Gate (Exhibition Road). The pavement has been rebuilt and the old, poor on-pavement cycle track is gone. 

The track in West Carriage Drive gracefully allows cyclists to bypass the near-permanent traffic jam that has always made cycling here so unpleasant and inefficient in the past

A chamfered kerb has been used here, which is good practice, and in the distance a table runs across both cycle track and carriageway at a pedestrian crossing point.

Detail of the speed table on the track. The ramp has cobble-ish stones but is fairly benign. I don't know why a zebra crossing was not used; are Royal Parks are antipathetic to these?

The track becomes very wide again on the curve north of the Serpentine Bridge. This is very good design; there is something of a slope here and some cyclists will be going fast at the junction of the track with the car park entrance: the extra width here gives room for errors by both drivers and cyclists

The same viewed from the north. An odd thing has occurred her in the cycle track having a black machine-laid surface, but the carriageway being reddish, as is often Royal Park's practice. The colours are thus the reverse of the Dutch convention.

When I viewed these facilities in early July they were not yet open, though of course cyclists were trying to use them. The building of the linkage through Lancaster Gate, a hitherto highly unpleasant racetrack gyratory and major blockage on the cycle network, had not started. I believe work in Westbourne Terrace, further north, has started, however. This is the last part of the Superhighway that is currently approved for construction. In April consultation took place on the next section, taking CS3 (and the Superhighways) firmly into West London, via the elevated Westway section of the A40. This idea, by Johnson's cycling commissioner, Andrew Gilligan, was not universally welcomed by cycle campaigners, who generally would have preferred a more accessible and humane route on the surface, but I supported it, as, due to the obstructiveness of the Royal Borough of Kensington and Chelsea, who seem to have a horror of the idea of cycle tracks on their roads, there was really no alternative for westwards continuation at that time. Transport for London have jurisdiction over the A40.

We await a decision by the new Mayor Sadiq Khan on the continuation of CS3 on the Westway, as well as the northward continuation of CS6, the North-South Superhighway, from Farringdon Road to Judd Street, and the commencement of works on CS11 from Portland Place to Swiss Cottage. All these were consulted on earlier this year, and, despite the vicious campaign against CS11 that I reported on, all secured a high level of public support. Khan must now start to make good his election promise to 'Make London a byword for cycling'. So far we have only heard generalities from him (except for a commitment to create a new walking and cycling bridge in East London and a commitment to pedestrianise Oxford Street, which may or may not work out well for cycling). He has also not yet appointed a successor to the highly-successful first Cycling Commissioner for London, Andrew Gilligan. Caroline Russell, Green London Assembly Member, has reported that this job, which is to be re-badged as 'Cycling and Walking Commissioner', is to be advertised soon. I am worried about this. 

The Cycling Commissioner post that Gilligan occupied under Johnson was a political post, as it needed to be. The job was not advertised because it needed to go to a political ally of the Mayor for the role to be effectively accomplished. In, Gilligan, an ally of Johnson, and indeed a friend, political heft was combined with diplomatic capability and  a great deal of knowledge about cycling in London, with a recognition of it as being generally dreadful, and a determination to knock political  and bureaucratic heads together in order to change things. A journalist, and thus an expert at publicity or propaganda, Gilligan was not a technical expert but understood enough technicalities to challenge experts when they stood in the way of progress, and was able to work with campaigners, if not always in complete harmony, then with a constructive friction; a kind of double-agent if you will.

Advertising the post of Cycling and Walking Commissioner suggests it is to be be downgraded to a technical role. A technician is likely to be ineffective in this highly political position. But we will have to see; I hope my worries on this are unfounded. They could be, with someone who is an expert in the post of Commissioner, but a strong driving force from the Mayor and Deputy Mayor for Transport. I suppose Gilligan could re-apply for the job; he is clearly the most qualified person to do it. His report on the progress of the first three years of The Mayor's Vision for Cycling, Human Streets, is worth a read.

While the segregated Superhighways have been the massive success we knew they would be, they are still far from where most Londoners live and work. They only represent the bare beginnings of a functioning cycle network. It would be a crime for momentum to be lost and for the the expertise now built up within Transport for London in building high-quality, effective cycle infrastructure to be dissipated, which is what will occur if we do not rapidly have a plan for expansion of the network, in all directions, beyond Zone 1. Khan has popular, fully developed 'shovel-ready' schemes at his fingertips in CS3 as far as Wood Lane, CS6 as far as Euston Road and CS11 as far as Swiss Cottage. He needs to approve these now, get his Commissioner in place, and produce the detailed plan for the next four years.

He has been busy, of course, with the EU referendum, and, in the aftermath, with pressing the government for new powers to allow him to keep London as closely linked to Europe as possible; these were the right things for him to be doing, and the strategic and financing powers he is seeking, if he is successful, can only be good for continuation of the cycling programme and modernisation of the streets generally. In particular, he needs far more authority over the infrastructure currently controlled by the boroughs, the Corporation of the City of London, and the Royal Parks. The lack of this authority is pointed to in Gilligan's report as a major reason why progress  on the Mayor's Vision has not been faster. Nevertheless, Khan should not repeat Johnson's mistake of moving slowly, being in office for eight (or four) years, and scrambling to try to build a world-class cycle network in the last few months of that.