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Cyclist hit by Southampton footballer issued with fixed penalty notice for riding through lights on amber

Charlie Austin admitted driving without due care and attention

The cyclist hit by Southampton striker Charlie Austin has been issued with a fixed penalty notice for riding through an amber light. Austin, who hit the man as he set off from traffic lights in October, has admitted driving without due care and attention and now has the option of attending a driver awareness course or court.

In a statement last week, Austin said that in late October 2016, he had been driving in Southampton city centre and had stopped at traffic lights at a junction. He said he moved forward when the lights turned green and it was at that point that a cyclist came across his path.

The Daily Echo reports that the cyclist involved was Anthony Grey, who subsequently underwent a five-hour operation to have a metal plate inserted in his damaged spine.

Grey cannot remember anything about the incident and wants to meet Austin to find out what happened.

Austin was reported to have stopped his Bentley to attend to Grey, who was then taken to hospital. “I would like to thank him if nothing else,” said Grey. “I just want to understand how it all happened. I know where I was going and doing but something went horribly wrong.”

Grey had bought the bike the day before the incident and said he had not ridden for years. Friends told him he had left work and gone home to collect some things before setting off on the bike for a friend’s house in Shirley.

“The last thing I remember is leaving work at 4.30pm and the incident was at 5.30pm. I remember coming around and a police officer giving me my rucksack cut in half.

“It was excruciating. I could not move my legs or my upper body at all. I had to wear a neck collar and body brace. The surgeons have fixed it though and have done an incredible job... I should be in a wheelchair but I am not.”

He also said that he would never ride a bicycle in Southampton again.

“It is just not safe to cycle in Southampton. Cyclists don’t belong on the path with pedestrians and they don’t belong on the roads where everything is just moving too fast.

“Some cyclists just don’t pay respect to the road... I have always said people should wear safely gear and if they do something wrong while cycling on the road they could be held accountable – police gave me a ticket for running an amber light – this is maybe why I was hit I don’t know.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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38 comments

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alansmurphy | 7 years ago
0 likes

Very much so cyclisto, but a footballer's Bentley can hit 60mph in under 3.5 seconds - banning fast cars is the only option!

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cyclisto | 7 years ago
1 like

Traffic lights timings are based on motor vehicle speeds not bicycle speeds. To make it simpler, if a snail drives through a green light it will probably end up as a tarmac sticker. The problem gets bigger in larger junctions where great distances have to be covered by slow moving vehicles. The thing is simple, if you are too slow, an amber light is equal to red.

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kil0ran | 7 years ago
1 like

It happened at the same junction as where Sandro Filipik was killed last May

https://beyondthekerb.org.uk/incident/2593/

Its a very busy junction with bus lanes, loads of pedestrians due to Solent University, turn restrictions, crossings, and tight radius turns. Road surface is knackered from bus traffic and its now a rat run for people trying to avoid the traffic jams caused by IKEA/West Quay. All this means that there's a lot competing for driver attention.

The crossings and the fact that its a four-way stop means that RLJ is common there. You can sit there ages waiting for the lights to change.

Whilst its not a wide junction its entirely possible not to clear the junction if you've started crossing on amber. Its something you learn as a road cyclist through experience (in fact there are junctions nearby where you're lucky to get across on a bike if you started on green). Of course, we have no idea if there was a risk of being rear-ended if he had stopped - its a judgement call but if I have someone behind me I'll usually go on amber in case they don't stop - if necessary turning to join the flow of traffic moving off on green rather than crossing it...

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Jimmy Ray Will | 7 years ago
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What is the right way to complain about the coverage of these events in the DM and similar. As commented on, peoples perceptions of cyclists and cycling is being readily warped by members of the press, and no one is giving a damn about it. 

Surely there is a route... is it lobbying your local MP? I am guessing the publications are acting within press guidelines, so this has to come from sonewhere else. 

 

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ChrisB200SX replied to Jimmy Ray Will | 7 years ago
1 like

Jimmy Ray Will wrote:

What is the right way to complain about the coverage of these events in the DM and similar. As commented on, peoples perceptions of cyclists and cycling is being readily warped by members of the press, and no one is giving a damn about it. 

Surely there is a route... is it lobbying your local MP? I am guessing the publications are acting within press guidelines, so this has to come from sonewhere else. 

 

Cyclists - "enemies of the people" - style headline likely to grace the front page soon?

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tonyleatham replied to Jimmy Ray Will | 7 years ago
2 likes

Jimmy Ray Will wrote:

What is the right way to complain about the coverage of these events in the DM and similar. As commented on, peoples perceptions of cyclists and cycling is being readily warped by members of the press, and no one is giving a damn about it. 

Surely there is a route... is it lobbying your local MP? I am guessing the publications are acting within press guidelines, so this has to come from sonewhere else. 

 

I already complained to IPSO https://www.ipso.co.uk/make-a-complaint/

I know from experience that the more people complain, the more seriously the complaint is taken.

The basis of my complaint was that the DM violated the accuracy requirement of the editor's code by reporting that the cyclist went through on red when other news sources reported he was handed an FPN for going through on amber - a minor point maybe but shifts the whole discussion. If he went through on amber (and I also wonder how anyone knows this) then the motorist MUST have gone through on red.

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FluffyKittenofT... | 7 years ago
2 likes

The whole case is weird.

If the facts are as reported, then the outcome seems dodgy, given (a) the guy was already punished by being seriously injured, and (b) it's against the backdrop of pretty-much-universal-and-never-penalised amber-gambling by motorists.

And why (given that these days nobody stops at amber, and the authorities don't enforce that rule at all, ever) are the lights timed in such a way that this can happen? If amber-gambling is now accepted as perfectly normal (which it seems to be) shouldn't lights be timed so as to avoid such an outcome?

But it also seems possible the facts are not as reported...but in whose direction has the story been twisted?

And the injured cyclist's comments sound like those of a 'Stepford cyclist'.

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Griff500 | 7 years ago
2 likes

Somebody is telling Porky's. I doubt if many of us would trust the word of a Bently driving footballer, but can anybody tell me this:  The cyclist can't remember the incident, yet we are told he went through on amber.  Was there a witness or CCTV footage? I'm not trying to be provocative here, it just seems odd that the police are so sure that it was in that 4 second amber window, rather than either of the other 2 options. 

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davel replied to Griff500 | 7 years ago
0 likes

Griff500 wrote:

Somebody is telling Porky's. I doubt if many of us would trust the word of a Bently driving footballer, but can anybody tell me this:  The cyclist can't remember the incident, yet we are told he went through on amber.  Was there a witness or CCTV footage? I'm not trying to be provocative here, it just seems odd that the police are so sure that it was in that 4 second amber window, rather than either of the other 2 options. 

Yeah, I did wonder that... and am assuming there are cameras at the lights which confirm the cyclist went through on amber, rather than the cops just rough-calculating that he did.

That's a big assumption, though. Anybody know how to dig up more details on the charge?

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kil0ran replied to davel | 7 years ago
0 likes

davel wrote:

Griff500 wrote:

Somebody is telling Porky's. I doubt if many of us would trust the word of a Bently driving footballer, but can anybody tell me this:  The cyclist can't remember the incident, yet we are told he went through on amber.  Was there a witness or CCTV footage? I'm not trying to be provocative here, it just seems odd that the police are so sure that it was in that 4 second amber window, rather than either of the other 2 options. 

Yeah, I did wonder that... and am assuming there are cameras at the lights which confirm the cyclist went through on amber, rather than the cops just rough-calculating that he did.

That's a big assumption, though. Anybody know how to dig up more details on the charge?

No red light cameras on that junction or public CCTV. There's probably CCTV on the University which is on the north-east corner of the junction. I'm guessing from the report that the cyclist was travelling S-N and Austin was either going west or east (the football stadium is to the east of the junction) 

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TriTaxMan | 7 years ago
4 likes

Am I the only one that noticed in one of the DM Articles 

http://www.dailymail.co.uk/sport/sportsnews/article-4201026/Austin-gives...

The DM have published a photgraph of Charlie Austin.....taking a selfie of himself while driving down the motorway?  How many laws is that he has broken in that one?

just saying 

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TriTaxMan | 7 years ago
2 likes

Without knowing the circumstances it's difficult to tell.... but if the traffic lights are set up so that one set is going from green to amber and an opposing set is already changing to green then the lights are at fault.

I would potentially say that yes the cyclist ran an amber light, which dependent on factors such as speed & road conditions and traffic may have been the safest thing to do. 

Mr Austin saw that his lights had gone from Red to Red and Amber and gave his Bently some welly.....  which would be one of the reasons he got into trouble as lets not forget Red means stop, Red and Amber also means Stop, do not pass through or start until green shows.

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A V Lowe | 7 years ago
2 likes

Not just one time - here's another bus driver doing exactly the same thing at the same place.

It is this detail - not raised at the Venera M inquest (the traffic signal sequence was described from the cyclists getting the advance green - omitting any review of the routine red light running by the preceding phase) this combined by the confirmed presence of a smaller, faster vehicle, setting off in front of the truck which ran into the REAR of Venera's bike at 13mph.

The possibility of any interaction between the untraced vehicle and Venera's bike was discounted - that interaction could easily have forced her to stop or take avoiding action, or the presence of this vehicle would have hidden her presence  from the driver of the truck until she was in the steradian of invisibility created by the cut-off line of the bottom of the windscreen (no evidence was presented on the presence of any papers/other material lying across the windscreen that may have further increased the hidden zone)

No evidence was presented to indicate the cycling ability/likely speed but as a fit rider it seems most off that a truck travelling at 13mph would be able to rear-end her (typical fit riders on CS2 are travelling at 15-20mph - and faster)

The proposition that she undertook the truck thus fails to hold-up - if she was travelling fast enough to get ahead of the truck - probably over 15mph then how could it hit her having barely reached 13mph?

The other detail where we MUST press for better securing of evidence and proper obective measurement is that it took 49 metres post-impact for the driver to stop - when he was flagged down. Why did he not hear or feel anything? A concession was made to the fact that the A12 was 'noisy' but no obective measurement (it registers over 80dB on my phone app) but no review of whether the driver's window was open or closed, or whether there was a radio or other aural distraction.  Just review so many crashes where the drivers take far too long to stop - or don't stop at all, and this question must be asked.

So back to the Southampton incident - was the driver listening to the radio or music?

 

 

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A V Lowe | 7 years ago
2 likes

The green light - per HC - means you can proceed IF THE ROAD AHEAD IS CLEAR 

That means proceeding with the same level of care and attention you must apply to normal driving and drive such that you can stop within the distance you can see to be clear of any other road users.

Clearly being aware of traffic which may still be moving as the signals controlling a conflicting movement are changing, classes as driving with the care expected of a competent driver (or cyclist) - I'd highlight video records of the safe(sic) cycle facility at Bow Roundabout, where the 2 second head-start (effectively 3 seconds delay before the motor traffic behind overtakes and left hooks - 3 deaths in 2 years). Motor traffic circulating to join the A12/M11 Link/A102(M) routinely runs the red light by 4-10 seconds showing red - measured from the cyclists' videos, including buses, with a clear picture here of the green light (ie already changed from red & amber) clearly visible THROUGH  the saloon windows of the bus. This timed from SW19's video at 4 seconds AFTER red light showing for circulating traffic.

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Yorkshie Whippet replied to A V Lowe | 7 years ago
1 like

A V Lowe wrote:

The green light - per HC - means you can proceed IF THE ROAD AHEAD IS CLEAR 

Snip

 

NO, NO and thrice NO!

Green light means proceed over the white line only if is clear and safe to do so.

Rule 176

 

 

 

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tonyleatham | 7 years ago
6 likes

When the Daily Mail reported this, they did a great job of victim blaming. They altered Anthony Grey's statement, removing the word amber from it, making out that in fact, as Grey received an FPN for jumping the lights, it must have been his fault and somehow an "innocent" motorist was punished unfairly. Grrrrrr.

 

Yet again, the DM has stoked up anti-cycling sentiment (the comments are enough to make your eyes water) and made it that much more unsafe for cyclists on the road by winding up half-witted morons who drive.

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davel replied to tonyleatham | 7 years ago
6 likes
tonyleatham wrote:

When the Daily Mail reported this, they did a great job of victim blaming. They altered Anthony Grey's statement, removing the word amber from it, making out that in fact, as Grey received an FPN for jumping the lights, it must have been his fault and somehow and "innocent" motorist was punished unfairly. Grrrrrr.

 

Yet again, the DM has stoked up anti-cycling sentiment (the comments are enough to make your eyes water) and made it that much more unsafe for cyclists on the road by winding up half-witted morons who drive.

Yeah, I really don't know what the Mail's got to do to register incitement. The articles and comments are blatant.

The knobheads who punishment pass are getting spoon-fed their sense of road-entitlement somewhere: they're not reaching their conclusions after reading studies and making informed decisions.

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shay cycles | 7 years ago
6 likes

I'm a bit surprised that noone seems to have noticed or commented on the fact that the driver was actually charged with and admitted "driving without due care and attention".

The reallity is that even if the cyclist was completely in the wrong regarding the traffic signal (either amber or red) it is and was incumbent upon the driver to proceed after the signal turned green AND when it was safe to do so. With a cyclist on the junction it was clearly not safe and thus he was charged.

I feel there ought to have been an actual penalty although an awareness course is the likely outcome - that part is a real shame. That cyclist could have been an OAP walking or a child running with little awareness of their surroundings - the driver always has responsibility to check before setting off; yet how many really do that check when the lights change?

 

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Ush replied to shay cycles | 7 years ago
5 likes

shay cycles wrote:

The reallity is that even if the cyclist was completely in the wrong regarding the traffic signal (either amber or red) it is and was incumbent upon the driver to proceed after the signal turned green AND when it was safe to do so. With a cyclist on the junction it was clearly not safe and thus he was charged.

That struck me too.  Green means procede with caution... not you may now accelerate blindly into objects in your path. It's stuff like this that makes me want self-driving cars despite all their theoretical downsides.

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ooldbaker | 7 years ago
1 like

Dorset Police had a policy about 15 years ago whereby they do not prosecute drivers (and I would presume cyclists) who had sustained life changing injuries. One of our company cars was involved in a serious collision with a motorcyclist and we were told our driver was in no way to blame and that the motorcyclist would have been charged but for his injuries.

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fluffy_mike | 7 years ago
2 likes

bloke sounds like a total knob

cant ride safely, jumps lights, has a go at "cyclists" for being irresponsible

speak for yourself, you total Hunt

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kil0ran | 7 years ago
4 likes

Hey, par for the course in Southampton. Hampshire Police have sent a flyer to local schools claiming that failure to wear a helmet is a £50 FPN, as is carrying passengers on a cycle, as is riding cycle without lights fitted. Plus a couple of other things...

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Critchio | 7 years ago
6 likes

This story is odd. The offence of failing to comply with a traffic signal is only complete when the front wheels of the offending vehicle (which includes bikes) cross the solid white stop line on a Red light.

Amber does mean stop as far as the Highway Code goes, but prosecutions generally only occur when breaching the stop line on Red and it can be shown that the stop line is clearly visible and the light sequence was functioning correctly.

This is primarily to allow slow moving and long vehicles passage through the lights which may be green when the front tyres pass the line but red half way along the vehicle.

The whole story just doesn't add up though. Very odd.

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ChrisB200SX | 7 years ago
8 likes

He sounds like exactly the sort of cyclist who wouldn't have gone through an amber light. Something doesn't seem to add up.

He nearly lost the use of his legs, but sure, give him an FPN, that will teach him!

Would-be interesting to see the evidence and how one vehicle going through on amber could have been struck by another going on green.

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HarrogateSpa | 7 years ago
4 likes

What is it with 'cyclists' berating 'cyclists'? Is it a version of Stockholm Syndrome? It makes me sick.

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Yorkshire wallet replied to HarrogateSpa | 7 years ago
4 likes
HarrogateSpa wrote:

What is it with 'cyclists' berating 'cyclists'? Is it a version of Stockholm Syndrome? It makes me sick.

Because not all cyclists are sensible?

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Ush replied to Yorkshire wallet | 7 years ago
0 likes

Yorkshire wallet wrote:
HarrogateSpa wrote:

What is it with 'cyclists' berating 'cyclists'? Is it a version of Stockholm Syndrome? It makes me sick.

Because not all cyclists are sensible?

Yeah, they just can't wait to berate other cyclists.  

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beezus fufoon replied to Ush | 7 years ago
1 like

Ush wrote:

Yorkshire wallet wrote:
HarrogateSpa wrote:

What is it with 'cyclists' berating 'cyclists'? Is it a version of Stockholm Syndrome? It makes me sick.

Because not all cyclists are sensible?

Yeah, they just can't wait to berate other cyclists.  

a traffic light system might encourage them to wait

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DrG82 | 7 years ago
0 likes

reading the comments from the bloke who got splatted, he sounds too humble, my guess is that he went through "on pink" as we say and is just saying that it was amber to make it sound better.
If I'd got through on amber and ended up like this I'd be pretty furious.

The combination of this with a fast accelerating car coming the other way was just too close. If it had been me in my little 1.4 Honda he'd have flashed across in front of me and that would be it.

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cbrndc | 7 years ago
6 likes

I understand that the light phase for amber is 3 seconds.  When the the light changes to red, it is a further 3 seconds before the opposing light changes to red/amber then to green.  There is something not right in the investigation of this incident; but then again this is Hampshire where cyclists don't count.

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