The Bicycling Advocacy Group has called for the introduction of a presumed liability system in civil road traffic cases as existed in 22 other EU states.

It said in a statement it was deeply concerned about recent judgements 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 euros 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.

“Only last month it was reported that a driver was handed down a reckless driver fine of €232 euros 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 that although the average road fatality costs the EU €1.6 million, it was clear that the lives of pedestrians and cyclists in Malta were 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.”

The group noted that there have been higher fines for dog fouling and smoking in non-smoking areas. This, it said, sent the wrong message to drivers and was contrary to other EU countries where such penalties were often severe.