The Bicycling Advocacy Group, the local pressure group dedicated to increasing the awareness and number of commuting cyclists, is deeply concerned about recent judgments handed down by the courts for injuring vulnerable road users.

While the cycling community were rightly both alarmed and disgusted by the paltry fine of €200 and a two-week ban for the hit and run of Moussa Konare, that left Mr Konare with fractures to his legs in April of 2012, they are keenly aware that this sends the wrong message to encourage car drivers to take more care about cyclists and other vulnerable road users, the group said in a statement.

Only last month is was reported that a driver was handed down a reckless driver fine of €232 for hitting pedestrian Alex Azzopardi on a pelican crossing in Valletta road, Mosta and fracturing his knee. The driver also obtained a three-month driving ban.

In many cases cyclists and pedestrians are often made to feel that they are guilty of some crime, simply for being on the public road, rather than a victim. But for cyclists some cases never appear to come to court, while others languish in a legal limbo, a case in point being that of philanthropic Lifecycle rider Cliff Micallef killed in a hit and run while on a training ride, the group said.

Although we are told in the EU the average road fatality costs the €1.6 million, clearly the lives of pedestrians and cyclists in Malta are much cheaper. If such victims are to be treated fairly and cyclists and pedestrians are to feel safe when walking or cycling on the public thoroughfare, then the justice system and tabulation of fines and penalties needs serious revision. In both cases there have been higher fines for dog fouling and smoking in non-smoking areas.

This sends completely the wrong message to drivers and is contrary to other EU countries where such penalties are often severe. To mitigate this BAG(Malta) would like to see the introduction of a presumed liability system in civil road traffic cases as is currently in existence in 22 other EU states. In the meantime, given that Mr Konare is a Malian refugee, BAG(Malta) would like to ask if there is any legal firm that would be willing to take on civil cases such as his or Mr Azzopadi’s on a pro bono basis or ‘no win no fee’ basis?