A MOTORIST has branded proposed new laws penalising drivers caught using a cycle lane as unfair - saying cyclists should be also be fined for not using the lanes.

Malvern College caretaker Melvyn Hiles said he has had several near-misses in his car with cyclists riding along the road rather than the cycle lane on Townsend Way, Malvern.

A cycle lane runs along Townsend Way, from Safeway to Charles Way, but Mr Hiles said many cyclists do not use it.

Under new laws announced by Transport Secretary Alistair Darling this week, traffic police will have the power to hit drivers with a fixed penalty for driving in a cycle lane.

But Mr Hiles, aged 56, of Oakfield Road, Lower Howsell, Malvern, said the law should be equal so cyclists are also penalised for not using the lanes when they are provided.

"I've had to swerve out on Townsend Way because of cyclists in the road because they don't use the cycle lane," he said.

"I think it's wrong because they not only endanger themselves but also motorists who have to pull out to overtake.

"If we can get fined for driving in a cycle lane, then they should be fined for not using them."

But South Worcestershire police spokesman, Richard Bull, said cyclists were not committing an offence by riding on the road and not a cycle lane.

"There certainly would be no offence in riding on the road but we would find it a bit odd as to why they weren't riding on the cycle track when one is provided," he said.