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SNP could adopt strict liability as a manifesto pledge with debate on subject at party conference

SNP Propose Motion to Support Road Campaign for Stricter Liability

Scottish National Party members will debate a strict liability law at their party conference next week, which if passed could appear in a future election manifesto.

The wording of the motion is as follows:

“notes the significant rise in cycling as a mass-participation sport and means of travel in recent years, and greatly welcomes the physical and mental health, as well as the environmental benefits, that this brings. Conference recognises the dangers inherent in cycling on busy roads, however, and supports the Road Share campaign for stricter liability as a means of building greater mutual respect between road users.”


According to the legal campaign group Cycle Law: “A system of presumed liability would create a hierarchy of responsibility whereby motor vehicle drivers would be presumed liable for any loss, injury and damage caused to a cyclist involved in a collision.

“A cyclist would also be presumed liable for loss, injury and damage caused to a pedestrian in any collision thus ensuring fairness while protecting the vulnerable.

“We all have responsibility for our safety on the road and respect of all road users for one another is vital.

“Presumed liability will help promote Scotland as a cycling-friendly nation and will build a culture of mutual respect on our roads.”

Set up by the Cycle Law founder, the campaigning charity Road Share’s Campaign for Stricter Liability is targeting the introduction of liability laws that would deem motorists automatically liable in incidents with cyclists, unless it can be proved that the cyclist was at fault.

As it stands, the UK is one of only five EU countries that do not have a presumed liability law in place, which are based on a hierarchy of road users, with the most vulnerable afforded the greatest protection.
Under the system there is a presumption of liability against a lorry driver involved in a collision with a car, for example, or against a cyclist involved in an incident with a pedestrian.

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35 comments

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notfastenough | 10 years ago
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Sorry, but I think you've made a number of assumptions about me. Listening to the no campaign was pointless because the risks, to me, were self-evident. I wanted to know the other side of it. The fundamental reason for the UK not joining the euro was that trying to run anything, let alone a single currency, by committee (chancellors in each country) is doomed. Just look at the eurozone finance issues, the the opposing agendas and bailouts of massive (and massively mismanaged) economies. Staying out of the euro was a decision within the control of the appropriate UK politicians, but allowing Scotland to keep the pound would have dropped rUK into that situation by default anyway, and I think the government thought that was worth fighting over, so assuming it would go in your favour is itself risky. In addition, that mortgages scenario didn't take into account state ownership of any of the banks, or the implication of owing your mortgage payment to a 'foreign' government. That rests on an assumption that the Scottish/rUK relationship remained benign- it might seem far-fetched to suggest otherwise currently, but stranger things happen in world politics.

As an aside, I'm focusing on actual issues whereas, reading your post, you expend a fair number of words to discredit me on a more personal level. That isn't helping you present a coherent viewpoint.

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userfriendly replied to notfastenough | 10 years ago
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notfastenough wrote:

Sorry, but I think you've made a number of assumptions about me. Listening to the no campaign was pointless because the risks, to me, were self-evident. I wanted to know the other side of it. The fundamental reason for the UK not joining the euro was that trying to run anything, let alone a single currency, by committee (chancellors in each country) is doomed. Just look at the eurozone finance issues, the the opposing agendas and bailouts of massive (and massively mismanaged) economies. Staying out of the euro was a decision within the control of the appropriate UK politicians, but allowing Scotland to keep the pound would have dropped rUK into that situation by default anyway, and I think the government thought that was worth fighting over, so assuming it would go in your favour is itself risky. In addition, that mortgages scenario didn't take into account state ownership of any of the banks, or the implication of owing your mortgage payment to a 'foreign' government. That rests on an assumption that the Scottish/rUK relationship remained benign- it might seem far-fetched to suggest otherwise currently, but stranger things happen in world politics.

As an aside, I'm focusing on actual issues whereas, reading your post, you expend a fair number of words to discredit me on a more personal level. That isn't helping you present a coherent viewpoint.

I wasn't trying to discredit you, my apologies if that was the impression you got, it's simply that what you - but even more so OldRidgeback - said earlier mirrored pretty much exactly what I have been hearing from No voters who were paying attention only to their selection of anti-independence sources and never actually looked into the responses from people on the pro-independence side with knowledge on the issues they were worrying about.

I'm not entirely convinced that staying out of the Euro really had such great benefits as you describe - there are good arguments to be made that joining the Euro would have been beneficial for us as well, it certainly hasn't been hurting Germany. I'm also not convinced the Euro area and a Pound Sterling currency union for rUK and Scotland are even comparable like that - we don't really have an equivalent to Greece in the UK, and if you are insinuating that Scotland is such a case because the SNP have somehow mismanaged our economy, you would be simply wrong about that: the fact is that Scotland's economy is doing quite well, and the numbers show it - unless you're indulging in tricks like the ones employed by the Treasury, i.e. not including oil revenues in the numbers for Scotland. The media has been trying to sell us this idea that Scotland is subsidised by the UK, when in reality it's the other way round and has been for more than 30 years.

And if you are not worried about the UK as is (which I assume you aren't, since you seem to think it's all going so well) and take into account that Scotland outwith the UK would even do a bit better once in control of its own revenues, I fail to see how those things would even start to become an issue.

That aside, let's say you are correct and assume that independence would have meant all those things that you think it would have meant - how does that stack up, in your opinion, against all the other issues that Yes voters including myself cared a lot more about? The democratic deficit, the hundreds of billions of pounds invested in useless defence projects while people go hungry and public services are cut and end up privatised, the constant snubbing of anything Scottish and the bias of the British state media? Looking at all that, I just can't see how anyone could possibly think we're "better together". The Westminster elite and their corporate friends certainly are better off if we're together, but are we?

The alternative, as seen from the Yes side, would have been a government with all the powers we need for our country to live up its potential, led by a party that is decidedly to the left of New Labour (who are really nothing but Red Tories nowadays) and accountable to its voters since we actually voted for them. No money thrown at the black hole that is Trident, the NHS guaranteed to be kept in public hands as opposed to being about to be ripped apart and sold off to US corporations, and finally a proper representation in the EU. I suspect you will disagree with all these things, quite possibly on principle if nothing else, but I still don't think you're looking at the Yes side's point of view properly or you would have understood how it went from a fringe group to 45% support (now over 50% according to latest polls). Hint: it's not because we're all idiots.

I'll gladly admit that you are voicing valid concerns. I'm just not sure they're not based on a lot of conjecture and assertions, and even if they weren't I certainly think you're setting your priorities in rather odd way.

Mind you, I'm not saying that none of what I listed isn't based on conjecture. Unless you have a functioning crystal ball and have looked into the future, you simply don't know what it's going to be like - but that cuts both ways. You don't know what the future for Scotland is looking like within the union either. You can however make an educated guess based on how it's fared in the past, and looking at the way we've been treated (not well) and exploited and ignored, I would much rather put my money on independence, to be honest.

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notfastenough | 10 years ago
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My current client is one of the banks that was threatening to go south of the border, and it's true that it was mainly a "registered head office" thing rather than shifting actual people or premises, but that's because the other risks weren't yet visible.

For example, the currency question was massive, because many houses in Scotland are mortgaged to those banks mentioned. So in any scenario where Scotland didn't have a currency union with rUK, scottish homeowners would owe mortgages to banks that (by now south of the border) traded (and held those mortgages) in a different currency. So any fluctuations in exchange rate would impact those mortgage payments. Even fixed-rate mortgages would be open to this risk, so even using the relatively stable euro would make the property market way more uncertain. The (potential) new and unproven nature of the currency, independence itself and the Scottish governments ability to manage would make the markets jittery and lead to a likely weak currency, at least initially, sending those mortgage payments upwards. A possible consequence of this would be to insulate oneself from the exchange issue by rushing to remortgage with Scottish banks at a (hopefully) relatively strong point regarding the exchange rate, but again the market jittery would risk leading to the bottom falling out of the property market anyway.

This was just mortgages; I didn't get to hear about other cross-border financial scenarios. I don't know how current accounts were supposed to work, but if it was on the same principle, what happens when the market nosedives, you check your bank statement and it's suddenly worth naff all? People withdraw all their cash (again hopefully at a relatively strong point), and bank business in Scotland collapses, branches close, etc etc. Even use of the Euro would be open to this, because a loss of 5-10%, while not unprecedented in the eurozone, would be enough to scare off an individual for whom that is a significant amount of money.

This stuff can be massively complex, and I never once heard how any of this would be addressed.

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userfriendly replied to notfastenough | 10 years ago
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OldRidgeback wrote:

My dislike of the SNP is entirely rational and has a lot to do with the lies it has spread over the years with regard to how a separate Scotland would cope economically.

The move to presumed liability in regard to cycling incidents will be a sop to the Scottish greens.

There are about 3,000 defence jobs just with British Aerospace in Edinburgh incidentally. All of the shipyard jobs in Rosyth and on the Clyde are defence orientated and there are several other companies too. I could spend several hours explaining why an independent Scotland would be an economic disaster area, but you've probably heard the arguments already and simply ignored them. If the no campaign was negative, that's because the effects of independence on Scotland (and the rest of the UK) would be entirely negative.

I'm pleased to see you dropping the confrontational tone  1 In which case I'll be happy to retract my claws also.

I can see how your dislike of the SNP would colour the way how you perceive their initiative regarding presumed liability, but seeing how it's all still in a very early stage I would simply ask to wait and see what, if anything, comes out of it.

Regarding the defence jobs, the number I gave was from the department of defence, and it was the number of jobs that would directly be lost as a result of getting rid of Trident. Certainly a lot more jobs than that are connected to it, but since they don't directly depend on that particular project and the shipyards wouldn't just magically disappear with Trident, it's probably hard to make the argument that they couldn't possibly switch their focus to different projects.

TBH, I don't know enough about British Aerospace to comment on whether or not those jobs would actually have been in danger. And even if they were, it would be a few thousands out of several million. The problem I have with believing a statement like "an independent Scotland would be an economic disaster" is that I can't quite wrap my head around how the nation that has been effectively subsidising the entire UK for the past three decades would be worse off if it wasn't put in that position anymore. Better off, yes - but worse? How? Mind, I'll gladly take you up on your offer to explain to me how. I'm open to changing my mind on that one.

notfastenough wrote:

This was just mortgages; [...] and I never once heard how any of this would be addressed.

Is it possible that you never heard once how any of this would be addressed because you were limiting your attention to what the No campaign was saying? The currency topic especially was beaten to death over the months before the referendum, and if anything of that was left unanswered then it was probably because it wasn't seen as a credible threat.

You can certainly accuse the Yes campaign of staying vague on a number of issues. I agree that a lot more research could have gone into some areas, or - if that research was undertaken - the results could have been communicated more clearly. The campaign wasn't perfect, I can think of several things that I wasn't particularly happy about. But currency wasn't one of them.

Regarding the problem with mortgages in case of a currency union not happening: people can come up with a lot of scary scenarios and paint the consequences in the most complicated and confusing manner - but if such a scenario is entirely irrelevant to begin with, it merely serves as a distraction. Why is this particular scenario irrelevant? Because the whole "no currency union" thing was a bluff. And the markets would have seen to that bluff being called. Other than spite there would have been not a single reason why a currency union would have been denied. Such a move might well have hurt England more than Scotland.

The thing that I always find a bit amusing is that people are all too happy to deconstruct the use of propaganda devices by the other side - but then are either completely blind to their own side using the exact same mechanism or are happy to play along because in their eyes it's for a good cause, end justifying the means etc. - reading the responses of you two, you are using the No campaign's arguments literally word for word, not questioning it one bit, taking it all 100% at face value.

No one was 100% right or 100% wrong, not Alex Salmond, not Alistair Darling. And, in most cases, who you're considering to be more right or more wrong mostly depends on what beliefs you started out to begin with. It's called confirmation bias, and both sides were guilty of it.

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OldRidgeback | 10 years ago
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My dislike of the SNP is entirely rational and has a lot to do with the lies it has spread over the years with regard to how a separate Scotland would cope economically.

The move to presumed liability in regard to cycling incidents will be a sop to the Scottish greens.

There are about 3,000 defence jobs just with British Aerospace in Edinburgh incidentally. All of the shipyard jobs in Rosyth and on the Clyde are defence orientated and there are several other companies too. I could spend several hours explaining why an independent Scotland would be an economic disaster area, but you've probably heard the arguments already and simply ignored them. If the no campaign was negative, that's because the effects of independence on Scotland (and the rest of the UK) would be entirely negative.

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userfriendly replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

All of the shipyard jobs in Rosyth and on the Clyde are defence orientated and there are several other companies too. I could spend several hours explaining why an independent Scotland would be an economic disaster area, but you've probably heard the arguments already and simply ignored them. If the no campaign was negative, that's because the effects of independence on Scotland (and the rest of the UK) would be entirely negative.

http://www.scotsman.com/news/uk/mod-considers-pulling-4bn-clyde-frigate-...

How's that No vote working out for them shipyard workers then?

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Gkam84 | 10 years ago
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The SNP is a protest vote  19  19  19  19  19  19  19

Welcome to 1974 people

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userfriendly | 10 years ago
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Aaaaanyway. The conference is next weekend, looking forward to seeing any progress on this. In my eyes it's way overdue that the party that's in government for the foreseeable future is willing to tackle this and lead the way for the rest of the UK.

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OldRidgeback | 10 years ago
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It's true that the moon's not made of cheese and nor does the tooth fairy exist.

The SNP brought together an unholy alliance of ultra-conservative bluenoses and Scottish greens, not to mention many other splinter groups. Following independence it'd have taken about 5 minutes before they all fell out and realised the economy was utterly f*****d and that they'd all have to go to London for jobs. The support for the SNP is a protest vote at the way Westminster is run, in much the same way UKIP has attracted support south of the border. But if you think the SNP was offering anything different from what Westminster had to offer, please refer to the first sentence in this post.

It's not that any of this has much to do with cycling.

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userfriendly replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

It's true that the moon's not made of cheese and nor does the tooth fairy exist.

The SNP brought together an unholy alliance of ultra-conservative bluenoses and Scottish greens, not to mention many other splinter groups. Following independence it'd have taken about 5 minutes before they all fell out and realised the economy was utterly f*****d and that they'd all have to go to London for jobs. The support for the SNP is a protest vote at the way Westminster is run, in much the same way UKIP has attracted support south of the border. But if you think the SNP was offering anything different from what Westminster had to offer, please refer to the first sentence in this post.

*sigh* Keep telling yourself that. But don't pretend you are approaching the subject in a way resembling anything remotely genuine and/or based on facts.

OldRidgeback wrote:

It's not that any of this has much to do with cycling.

Bit funny this, coming from the very person who just couldn't help his irrational hatred of the SNP and started derailing the thread in the first place.  35

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the infamous grouse | 10 years ago
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the scottish enlightenment is still in effect, really.

scotland brings in smoking ban ...rUK follows.
scotland lowers 'legal' BAC to 50mg/100ml .. rUK will likely follow.
scotland will probably enact strict liability. and the rUK will probably follow.

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truffy | 10 years ago
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The SNP is irrelevant to most of the UK population. Hopefully with the next referendum they will become even less relevant to rUK.

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Gkam84 replied to truffy | 10 years ago
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truffy wrote:

The SNP is irrelevant to most of the UK population. Hopefully with the next referendum they will become even less relevant to rUK.

The way the Westminster scum have reverted on their independence referendum promises. The SNP will be unlucky not to take a full house next year.

The fact is, they are the third largest political party in the UK, so hardly irrelevant. I can't wait to see a ton of them in Westminster, vetoing everything that would benefit England (London) only.

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mike the bike replied to Gkam84 | 10 years ago
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Gkam84 wrote:

The fact is, they are the third largest political party in the UK, so hardly irrelevant. I can't wait to see a ton of them in Westminster, vetoing everything that would benefit England (London) only.

Third largest measured by number of members perhaps. A very long way off third by number of UK MPs or MEPs or, indeed, influence over UK policy decisions.

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userfriendly replied to mike the bike | 10 years ago
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mike the bike wrote:

Third largest measured by number of members perhaps. A very long way off third by number of UK MPs or MEPs or, indeed, influence over UK policy decisions.

I wouldn't call six months "a very long way off".  1

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Gkam84 | 10 years ago
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Think you all need to read this, it sets it out pretty clearly http://www.cycling-accident-compensation.co.uk/strict-liability.aspx

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Airzound replied to Gkam84 | 10 years ago
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Gkam84 wrote:

Think you all need to read this, it sets it out pretty clearly http://www.cycling-accident-compensation.co.uk/strict-liability.aspx

Yes and this link continues the ignorance of those who don't understand the large difference between Strict Liability and that of Presumed Liability. They are very different concepts.

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OldRidgeback | 10 years ago
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It's yet more catch-all vote grabbing nonsense from the SNP liars. In itself it's not a bad idea, but I wouldn't trust anything the SNP says and I suspect this may be another attempt to pander to the Scottish greens in an attempt to bolster support. Luckily the arch villain wee Eck has promised to step down as leader but I doubt his replacement will be any more trustworthy.

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userfriendly replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

It's yet more catch-all vote grabbing nonsense from the SNP liars. In itself it's not a bad idea, but I wouldn't trust anything the SNP says and I suspect this may be another attempt to pander to the Scottish greens in an attempt to bolster support. Luckily the arch villain wee Eck has promised to step down as leader but I doubt his replacement will be any more trustworthy.

An attempt to bolster support? By a party that has seen their membership more than triple recently and is way ahead of everyone else in the polls, both for Scottish voting intentions for Westminster and Holyrood? Hardly. In reality they're the first large party that puts this issue on the agenda at all.

Not going to comment on your spoonfed "liars" - "wouldn't trust anything SNP" - "arch villain" nonsense other than pointing out that a growing majority of Scots would laugh you out of the building for it. A bitter laugh, given what Red Tories and Blue Tories have done to this country.

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OldRidgeback replied to userfriendly | 10 years ago
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userfriendly wrote:
OldRidgeback wrote:

It's yet more catch-all vote grabbing nonsense from the SNP liars. In itself it's not a bad idea, but I wouldn't trust anything the SNP says and I suspect this may be another attempt to pander to the Scottish greens in an attempt to bolster support. Luckily the arch villain wee Eck has promised to step down as leader but I doubt his replacement will be any more trustworthy.

An attempt to bolster support? By a party that has seen their membership more than triple recently and is way ahead of everyone else in the polls, both for Scottish voting intentions for Westminster and Holyrood? Hardly. In reality they're the first large party that puts this issue on the agenda at all.

Not going to comment on your spoonfed "liars" - "wouldn't trust anything SNP" - "arch villain" nonsense other than pointing out that a growing majority of Scots would laugh you out of the building for it. A bitter laugh, given what Red Tories and Blue Tories have done to this country.

The majority of Scots did not vote for independence and some of us Scots see through wee Eck's opportunist half-truths and recognise him for what he is.

Independence for Scotland would've seen all the banks move south, no currency and all the many well-paid defence jobs moving south too. Scotland would've been denied entry to the EU, not just by Spain but by France and Italy and maybe Belgium too. Now anyone who doesn't understand that, has fallen for wee Eck's smoke and mirrors.

Sorry for going off-topic and for anyone who hoped independence for Scotland was now dead and buried but unfortunately there are still many, many people in Scotland who seem to think that having lost they've somehow been cheated by the evil English.

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userfriendly replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

The majority of Scots did not vote for independence

Hate to break it you, but the majority of Scots did not vote to stay in the union either. 47% did. As heartening as a turnout of 85% was, it's 15% short of the entire electorate.

OldRidgeback wrote:

and some of us Scots see through wee Eck's opportunist half-truths and recognise him for what he is.

...and are evidently quite happy to spout your own half-truths. Well, they would be half-truths if they were at least 50% true. Spout non-truths, more like it. Or, lies. Spoonfed to you by the British Bullshit Corporation.

OldRidgeback wrote:

Independence for Scotland would've seen all the banks move south

Yes, yes. Aaaall the banks would have moved south. Of course. You have to be a bit deranged to believe that, but hey ... if it helps you sleep better.

Of course, if you were interested at all in the facts of the matter, you would have known that the only thing happened in that regard was two banks announcing an administrative change of address, which would have involved moving a brass plaque, basically. The RBS CEO even went on record stating that this "move" would not have involved a single job loss.

But no, you make it sound like there would have been a massive closing of branches because of a Yes vote. Do you actually believe this bullshit yourself, or are you just happy to spout rich people's propaganda?

Oh, by the way ... RBS are closing over 150 branches over the coming year. But Scotland voted No, didn't anyone tell them that? Weird, huh?

OldRidgeback wrote:

no currency

Aye, no currency. None at all. We'd have been back to a barter economy. Because clearly we wouldn't have been able to keep using the Scottish Pound, currency union or not. Or adopt the Euro. Or a new currency with our own central bank. No, of course not. Because we're living in OldRidgeback's fantasy world where none of that would have been possible, as clearly every other country can do it just not Scotland. In OldRidgeback's fantasy world, Scotland is unique in that it's simply incapable of doing what every other country can do.

OldRidgeback wrote:

and all the many well-paid defence jobs moving south too.

All 475 of them? My, my. What a loss. Totally worth keeping the financial black hole that is Trident, and throwing many more hundreds of millions of pounds at it. Right?

OldRidgeback wrote:

Scotland would've been denied entry to the EU, not just by Spain but by France and Italy and maybe Belgium too.

The only official statement the EU made about that was that it would give an answer to that question if asked by the current representative of Scotland in the EU. The UK government. But they didn't ask for that answer, for some strange reason.

The Spanish PM is not "the EU". France, Italy, Belgium? You really aren't above just making shit up, are you?

OldRidgeback wrote:

Now anyone who doesn't understand that, has fallen for wee Eck's smoke and mirrors.

No, anyone who doesn't *believe* that has managed not to fall for blatant and easily refuted Westminster propaganda.

You have been living under a rock for the past few years and you're too afraid to crawl out from under it. Jockholm syndrome is the new name for this, I believe.

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userfriendly replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

Sorry for going off-topic and for anyone who hoped independence for Scotland was now dead and buried but unfortunately there are still many, many people in Scotland who seem to think that having lost they've somehow been cheated by the evil English.

If only it was about the English. It's not. Only in so far that Westminster is in England and not in Scotland.

And no, independence for Scotland is anything but dead and buried. And that is anything but unfortunate.

What you don't understand is that no one wants independence for the sake of being independent. It's a means to an end. Or ends, rather.

I would be happy to talk about what those ends are, and why I think independence would help achieve them, but I very much doubt you would. You just want to paint anyone outside your unionist bubble an idiot and tell them to shut up, curl up and die. Lovely.

And then people like you go and cry about the divide this referendum has caused? Tell you what, analyse your own approach to the matter and to people involved in it, and you'll quickly see the cause for that divide.

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harrybav | 10 years ago
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It's just a motion for debate. Not policy, even if supported at conference, sorry to say.

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Brooess | 10 years ago
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Quote:

...would deem motorists automatically liable in incidents with cyclists, unless it can be proved that the cyclist was at fault.

The article hasn't explained the liability quite clearly enough. You can't be found liable simply because you hit someone when you're riding - it's more 'presumed liability' - ie: it's presumed the party in control of the bigger vehicle is liable unless they can prove otherwise - so if a pedestrian walks out in front of you without looking, you won't be liable when you demonstrate they didn't bother looking.... In London at least I'd expect a massive increase in use of headcams if this law comes in!

You can bet your bottom dollar that if this ever gets into the national debate in UK, the media will deliberately misinterpret this and kick up a massive anti-cyclist fuss but in the long run it will be a very great move forward for changing driver behaviour and encourage normalisation of cycling for the masses

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portec | 10 years ago
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Isn't this supposed to be about protecting more vulnerable road users? So lorry drivers are presumed liable in a collision with a car, the car driver is presumed liable in a collision between their car and a cyclist, motor cyclist, or pedestrian, etc. I would argue that generally there's no real difference in vulnerability between a cyclist and a pedestrian. In a collision both are going to be hurt. It's quite possible the cyclist, traveling at, say, 20 mph, will be hurt far more than the pedestrian and is therefore more vulnerable.

I agree this is a good step in the right direction and I would love to see it implemented in England too but it still needs work IMO.

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userfriendly | 10 years ago
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What do you mean, regardless of who is to blame? If you're not sufficiently in control of your vehicle, whatever vehicle that is, that you can stop in time, you're liable for any damage caused to the more vulnerable party involved. It's not just fair, it's common sense.

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HalfWheeler | 10 years ago
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Just playing devil's advocate here, but...

Is this necessarily a completely positive thing for cyclists? If we're in a collision with a pedestrian then strict liability will deem us as responsible. So if I'm out on the cross bike or mtb, going along a trail or path, and some yannie with an mp3 player steps out in front of me and a collision happens (those sort of near misses happen all the time) then regardless of who is to blame I'll be deemed liable.

Not really fair...

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oldstrath replied to HalfWheeler | 10 years ago
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HalfWheeler wrote:

Just playing devil's advocate here, but...

Is this necessarily a completely positive thing for cyclists? If we're in a collision with a pedestrian then strict liability will deem us as responsible. So if I'm out on the cross bike or mtb, going along a trail or path, and some yannie with an mp3 player steps out in front of me and a collision happens (those sort of near misses happen all the time) then regardless of who is to blame I'll be deemed liable.

Not really fair...

Of course shit will happen sometimes, just as it will to some drivers. But I worry a lot more about the damage an idiot in a car can do to me, than I do about clipping someone with the bike.

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tritecommentbot replied to HalfWheeler | 10 years ago
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HalfWheeler wrote:

Just playing devil's advocate here, but...

Is this necessarily a completely positive thing for cyclists? If we're in a collision with a pedestrian then strict liability will deem us as responsible. So if I'm out on the cross bike or mtb, going along a trail or path, and some yannie with an mp3 player steps out in front of me and a collision happens (those sort of near misses happen all the time) then regardless of who is to blame I'll be deemed liable.

Not really fair...

It forces you to drop your speed where you can see any risk - a good example is during peak hours and you're zipping past cars in traffic. Pedestrians always walk out between cars blindly and nearly get wiped by the passing cyclist.

Not the cyclists fault really, but by making it strict liability it'll put it in the cyclists consciousness that they have to treat pedestrians like babies and be extra careful ie. slow down.

Same on a ski slope. You're taught that no matter what you're responsible for the person in front of you, even if the person is a complete tit and acting irrationally.

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tritecommentbot | 10 years ago
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As a driver and cyclist (pedestrian too of course) I really hope this passes.

I've seen some shocking behaviour from drivers in Edinburgh (and other cities I've lived in too like London, Manchester etc) over the years and I think there's a culture where cyclists are considered fair game. An easy target that no-one takes seriously, so why not have a go.

We've never taken it seriously in the UK, it's one of the few areas where victim blaming is acceptable.

Won't stop cyclists bombing about and scaring pedestrians, but it should make fining cyclists who hurt them a faster process.

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