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'Mr Loophole' lawyer urges drivers to fight back at helmet cam cyclists

Solicitor to the stars also says government should require bike riders to be licensed, among other things

A lawyer nicknamed ‘Mr Loophole’ for his record of using legal technicalities to get charges related to driving offences dropped against celebrity clients says that motorists should “fight back” against cyclists who use helmet cameras to capture instances of careless or dangerous driving.

Manchester-based solicitor Nick Freeman, who has trademarked his nickname, counts TV presenter Jeremy Clarkson, actor Ralph Fiennes and footballer Wayne Rooney among the stars who have escaped sanction because of procedural shortcomings he has highlighted in their defence.

– Make pedestrians wear reflective clothing, says 'Mr Loophole' lawyer who defended killer driver

He has called on motorists to film examples of cyclists breaking the law, and is urging the government to introduce laws requiring people riding bikes to wear helmets and pay for a “cycle excise licence,” among other things.

However, he is himself accused of failing to understand the existing law as it applies to cyclists, and of not understanding that many bike riders feel compelled to record their rides because of the danger they are exposed to on the roads.

After footage emerged last week of a motorist tripping over as he tried to chase after a cyclist who had filmed a close pass, Mr Freeman told the website Motoring.co.uk: “The time has come for motorists to fight back and film cyclists breaking the law or riding irresponsibly.”

– Police caution for pratfall road rage driver (+ video)

He said: “How often do we see cyclists at night without any lights, jumping red lights, cycling the wrong way down one way streets, undertaking, cycling on the pavement or simply cycling down the middle of the road etc? Plenty! And these illegal actions challenge road safety by becoming a danger to themselves, to other road users and to pedestrians.

“I’m not against cyclists and motorcyclists using headcams, far from it,” said the lawyer. “But what I am against is provocative and dangerous cycling, which is designed to goad motorists, knowing full well the responses will be captured on video and then uploaded on to the internet.

“Motorists can be easily identified by their registration plates, but cyclists are relatively anonymous.”

He added: “The Government should consider introducing a raft of legislation which deals with identification, visibility, compliance with road traffic regulations, insurance, cycle excise licence and compulsory use of a helmet. This list is not exhaustive.

“The goal is to improve the quality of driving and cycling by both parties, thus increasing accountability and enhancing road safety.”

But Carlton Reid, executive editor of BikeBiz and author of the book Roads Were Not Built for Cars, and who has written articles for Motoring.co.uk that seek to dispel some of the common misconceptions many motorists have of cyclists, told the website that Mr Freeman’s interpretation of some areas of the law was wrong.

“I’m surprised that a lawyer specialising in transport could be so ignorant about the various Road Traffic acts and the Highway Code,” he explained. “It is not illegal for cyclists to undertake and to ride in the middle of the road.

“In fact, the Department for Transport has produced posters telling cyclists to take up such a position on the road for their own safety.

“And safety is why some cyclists are now riding with helmet cams. Prior to such technology the police often didn’t believe people on bikes when they said they were hit or intimidated by people in motorcars – ample evidence is now available, leading to prosecutions.”

He continued: “I think many cyclists would welcome motorists fitting dashcams – should a motorist do something stupid the cyclist could ask the police to look at the motorist’s video footage. Many of the videos on YouTube showing motorists breaking the law are, in fact, uploaded from the dashcams from fellow motorists.

“Mr Freeman should welcome anything that makes our roads safer for all road users.”

“It’s interesting that Mr. Freeman has chosen this video as an example of ‘cyclists goading motorists’ when the footage quite clearly shows a man with anger-management issues and who broke a number of laws – he was not driving with due care and attention, he was not driving with a seatbelt, he exited his vehicle and assaulted the cyclist,” he added.

“This, you’d think Mr. Freeman would recognise, is a motorist who should be banned from driving – he is a danger to all road users, not just cyclists.”

As for the suggestion that cyclists should be licensed, he countered: “Mr. Freeman’s point about registration plates assumes that cyclists would be somehow more law abiding if they had them fitted.

“If registration plates were so effective Mr Freeman would be out of a job because motorists wouldn’t dare to break the law for fear of being identified,” he added.

It’s not the first time we’ve reported on road.cc about Mr Freeman urging the government to introduce laws that would impose requirements on vulnerable road users that he insists would improve their safety.

Last year, after a 24-year-old motorist he represented was convicted at Manchester Crown Court of causing the death through careless driving of 83-year-old rabbi Hyman Steinberg, he suggested that pedestrians and cyclists should be required by law to wear reflective clothing at night.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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32 comments

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velo-nh | 8 years ago
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Imagine all the money lawyers could make if cyclists had registration plates and motorists had cameras. That's probably the only thing this clown thought about.

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atgni | 8 years ago
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Ooh - lawyer charging by the hour suggests people should engage lawyers more. The fines handed out are probably cheaper than his fees.

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danthomascyclist | 8 years ago
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Quote:

is urging the government to introduce laws requiring people riding bikes to wear helmets and pay for a “cycle excise licence,”

I'm completely cool with the "cycle excise licence". Based on zero emissions it'll equate to a fat total of £0. It'll validate my position on the road for the morons such as Nick Freeman who clearly have no understanding of how they're funded.

The story here is actually "Truth-bending solicitor who acts on behalf of reckless motorists casts judgement on cyclists - and some people took it seriously"

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jollygoodvelo | 8 years ago
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Bring it on. Make it a legal requirement that all new cars are sold with built in front and side-facing cameras, and that the footage is recorded with a GPS data log.

Yes, it'll catch cyclists riding without lights at night - if you can see them - it'll catch cyclists running red lights - damn right too - and it'll keep evidence of the excellent driving quality of the vehicle operator. Ah... that's why not then.

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theloststarfighter | 8 years ago
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Nick Freeman like so many bad drivers or bad cyclists is motivated by self interest. He'll champion drivers as they pay him. He'll look for loopholes, take short cuts & condone a lack of social conscious and justice to further his bank balance. Others who speed, jump lights, overtake aggressively or ride like prats are acting in the same vein of "I don't give a shit about anyone else just so I can get from A to B". Let's hope we don't descent any further into a combative social culture where everyone feels like they compete as soon as the step out their front door. Clearly he's a prime asshole, unfortunately he's not alone.

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gwarpigs | 8 years ago
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I wonder if he's lost a few cases recently where cyclecam footage was used as evidence against his clients...

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thereverent | 8 years ago
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Carlton Reid answer all the point very well.
This is particular is worth repeating:

“If registration plates were so effective Mr Freeman would be out of a job because motorists wouldn’t dare to break the law for fear of being identified,”

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WolfieSmith | 8 years ago
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The more the likes of Loophole suggest constraints in cyclists the more the issue is discussed and more ridiculous the 5% of motorists who desire controls look. Bring it on.

Can you imagine the police man hours spent enforcing cyclists registration and compulsory hi vis? Even with every motorist leaping from their cars to make citizen's arrests it just wouldn't work.

Loophole and his mates would be chasing me for a start to the end of days. I suspect he isn't good at chasing on foot or pedals. If he had any personal experience of cycling in the UK he would be on our side.

On another note: great to hear that the 3 wise men will be bestriding Amazon Online like the collossus they are. Thank God I'm not paying for them anymore.

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pamplemoose | 8 years ago
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I'd be perfectly happy for all cars to have cameras and GPS units which inform the police when you break the speed limit.

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I love my bike | 8 years ago
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I wonder Mr Loopy Lawyer's response if we all trial 2-3m wide metal number plates?

Advantages for cyclists:

They would prevent us getting doored - as we couldn't get that close to parked cars.

Close passes (to the plate) by vehicles wouldn't hurt us. Also, left hooks at junctions by lorries would be much harder.

Cycling infrastructure would need to step up a level or three!

etc

BUT sportives, road races & mass participation riding/protests might be 'interesting'. Urban commuting too!

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burtthebike | 8 years ago
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There isn't a barge pole long enough to get me to touch this excuse for a human being.

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flathunt | 8 years ago
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He's about the best advocate we could have, he's based his entire career and persona on making legislators, prosecutors and enforcement look stupid. So he's a real friend to the powers that be, for sure they'll listen hard to anything he suggests.

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FrankH | 8 years ago
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He's a lawyer, so when he perceives a problem his solution is: more laws.  29
It's trite but true: if all you have is a hammer, every problem looks like a nail.

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Housecathst | 8 years ago
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This man makes me so angry, I want to run down the pavement and fling myself in the road face first!

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Quince | 8 years ago
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Perhaps Mr. Loophole should consider putting his f***king mouth shut.

Sorry... all the sensible comments were taken...

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brooksby | 8 years ago
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Obviously having registration plates has worked SOOO well for stopping motorists breaking the law, so we'd better introduce them for cyclists...

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ridein | 8 years ago
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Mr. Loophole is such an attention seeker. Yet the lawyers/solicitors wonder why there are so many "kill the lawyer" jokes.

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sanderville | 8 years ago
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Mr Poophole doesn't know the law about cyclists because his job is just to find administrative errors in court paperwork so he can get rich criminals off on a technicality.

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vonhelmet | 8 years ago
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Business model dying, huh?

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Stumps | 8 years ago
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I'm surprised he hasn't been "caught" for numerous traffic violations himself especially considering the way he speaks about the Police.

You never know what you "might" find in his vehicle when it gets stopped  39

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Daveyraveygravey | 8 years ago
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Fat slimy scumbag.

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Das | 8 years ago
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Quote:

or simply cycling down the middle of the road

Really? That, Honestly is something I have never seen before. TBH those broken white lines would be stupidly slippery in the rain.
Really makes you wonder how hes so successful when it comes to lying for his clients in court.  105

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portec | 8 years ago
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And safety is why some cyclists are now riding with helmet cams. Prior to such technology the police often didn’t believe people on bikes when they said they were hit or intimidated by people in motorcars – ample evidence is now available, leading to prosecutions.

I think this is what Mr Loophole is really objecting to. All a defense lawyer like him has to do is to introduce some element of "reasonable doubt" in order to get his client off the charges. Video evidence renders him and his spin tactics rather impotent. My heart bleeds for him, the poor guy.  21

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HarrogateSpa | 8 years ago
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This man is just a polemicist seeking publicity.

In 99% of situations, any bullying and intimidation is by the person driving a car, not the person riding a bike.

It's pretty tragic that a lawyer specialising in road traffic doesn't know that it's legitimate for someone on a bike to 'take the lane' where necessary. No wonder a large percentage of drivers are also ignorant of this.

Quote:

“Motorists can be easily identified by their registration plates, but cyclists are relatively anonymous.”

My experience is that if someone in a car has a problem with me, they can stop and challenge me. (This has only happened once, and the guy was 100% in the wrong). On the other hand, on the many occasions I've been subject to a close, fast pass, the vehicle is off and gone and I never see it again.

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StuInNorway | 8 years ago
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There's plenty dashcam footage out there showing poor cycling, quite a lot of it posted by other cyclists.
Picking the "I believe I can fly" clip as an example, Mr Loophole has simply proved there are faults on both sides, which we know, and while the cyclist was stupid to antagonise the muppet at the wheel, the drivers agressive reactions deserved more than the caution he received.

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ianrobo | 8 years ago
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Carlton just totally nails him. soon though we will be like Russia where everyone has to have a cam on their road, sad really

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ron611087 replied to ianrobo | 8 years ago
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I don't have any problem with motorists carrying camera's, in fact the most recent viral video - that of the doored cyclist - was uploaded by a cabbie.

One thing that anyone filming their journey needs to understand is that while you only record fleeting moments of other road users behaviour, you record all of your own. If you don't ensure your own behaviour is beyond reproach then all you are doing is collecting evidence that the police can use against you.

Cameras are a moderating influence. Bring them on!

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notfastenough replied to ron611087 | 8 years ago
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ron611087 wrote:

I don't have any problem with motorists carrying camera's, in fact the most recent viral video - that of the doored cyclist - was uploaded by a cabbie.

One thing that anyone filming their journey needs to understand is that while you only record fleeting moments of other road users behaviour, you record all of your own. If you don't ensure your own behaviour is beyond reproach then all you are doing is collecting evidence that the police can use against you.

Cameras are a moderating influence. Bring them on!

Indeed - I even temper my language when using mine, perhaps it's a lady camera...

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bendertherobot | 8 years ago
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He also invited the naming of the Reading cyclist. Who is, quite clearly, given the cautions handed out, a victim of crime.

I wonder how the SRA would feel about that?

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Airzound | 8 years ago
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He should change his name to Mr Poophole.

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