Liability for collisions

Meeting: 
MQT on 2012-03-14
Session date: 
March 14, 2012
Reference: 
2012/1031
Question By: 
Jenny Jones
Organisation: 
City Hall Greens
Asked Of: 
The Mayor

Question

Would it be technically and legally possible for TfL to introduce a clause in contracts with bus operators placing a duty of care on their drivers and making the operators strictly liable for collisions with pedestrians or cyclists unless they can prove the pedestrian or cyclist was at fault, as remains the case in many other European countries? Please comment on the possibility, not whether you are in favour of such a clause.

Answer

Answer for Liability for collisions

Answer for Liability for collisions

Answered By: 
The Mayor

Operators and their drivers already have legal duty of care to other road users and can be pursued for any breach of that duty.

Safety is naturally a top priority for TfL and its bus company contractors and bus drivers have extensive initial and on-going training to ensure the high standard of safety and care already given to passengers and road users is consistently maintained. Among other safety initiatives, TfL has brought together bus driver and cyclists at their 'Exchanging Places' events where both get to view the road from the other's perspective. Safety requirements are also included in the contracts and TfL works closely with bus operators to ensure the highest possible standards are maintained and where possible improved yet further. Of course, all bus contracts contain express obligations to comply with applicable laws.