Cyclists again

What a lot of interest there's been in my last ;post about cycling on the pavement.  On my Facebook page I had a comment that the 1835 Highways Act Act came out before bicycles so I looked it up and this is what I found:

Cycling on pavements, footpaths or footways. - The law

 

By Dave Escandell

With the increase in cycle usage over the past few years comes the potential for conflict between cyclists and other road users, pedestrians and land owners. The laws, rules and  rights that apply to cyclists can be confusing, conflicting and contradictory. Having a better understanding of your rights should lead to more enjoyable and safer riding for everyone.

(Foot) paths: What are they?

Children, new cyclists, inexperienced cyclists and those without knowledge of existing legislation often cycle on footpaths. This may be understandable in some of our large urban areas, where road junctions consist of a number of lanes that converge and lead traffic in multiple directions. Cycling in this traffic can be daunting, but choosing to cycle on a footpath can be against the law, and the road or ‘carriageway’ is where you and your bicycle should be, unless directed otherwise.

The status of a footpath can become confusing for both cyclist and pedestrian, as many local authorities allow bicycle access to what appear to be footpaths, bringing the cyclist into possible conflict with pedestrians. So what is a footpath? And where can you ride your bicycle?

This is the legal position on the matter:

• a footpath means a highway over which the public have a right of way on foot only, not being a footway [Section 329(1) Highways Act 1980].
Cyclists have no right to cycle on a footpath, and it might be legally prohibited if local bye laws or traffic regulation orders are in existence.

• a footway means a way comprised in a highway, which also comprises a carriageway, being a way over which the public has a right of way on foot only [Section 329(1) Highways Act 1980]. 

Therefore, a footway is considered to be the pavement at the side of a carriageway. Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888, prohibits cycling on any footway. An offence is committed if one ‘shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway’.

One hundred years after the amended Act, cycling on a footway became punishable by a fixed penalty notice – usually £30 – under Section 51 Schedule 3 of the Road Traffic Offenders Act 1988.

• a walkway is a footpath under a walkway agreement [Section 35 of the Highways Act 1980]. Cyclists’ rights on these areas are very much dependant upon local authority bye laws and as such differ from authority to authority.

So, while the legislation attempts to clarify the position on where people can and cannot ride bicycles, in reality the law remains very confusing. Many, including cyclists, motorists, local authorities and the police, are either not aware of the legislation or simply believe that it covers all paved areas. This is not the case.

 

Section 72 of the Highways Act 1835 and it’s 1888 amendment was not intended to apply to all footpaths. Its aim was to protect footpaths or causeways that run by the side of the road, leaving them free for pedestrians. This was later reinforced by the introduction of the fixed penalty notice on such footpaths.

However, while cyclists do not have a divine right to cycle on footpaths in parks, shopping areas or other pedestrianised areas, it is not prohibited. The fixed penalties do not automatically apply to footpaths where there is not a road or any of the above mentioned areas. These can only fall into a fixed penalty scheme where a local byelaw prohibiting cycling in such an area has been passed, and even then they do not apply to under 16’s.

Where a local byelaw is in place, it should be clearly signed. However, many signs can fall into disrepair and are often not seen. According to the Department for Transport's Code of Conduct, ‘In pedestrianised areas, only ride your cycle if there aren't too many pedestrians about; otherwise dismount and push it."

Pushing your bicycle along any footpath is allowed. By doing this you would be considered to be a ‘foot passenger’. In his Court of Appeal Judgement in Crank v Brooks, Waller LJ said:

"In my judgment a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a 'foot passenger'. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a 'foot passenger'. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand."

 

So this is the law and it must be enforced.  However, motorists should take note of this comment on my Facebook page:

 I'm a cyclist and refuse to cycle on the pavement, even when cars get angry at me for being in the road.I've been knocked off my bike by selfish ignorant drivers 4 times, yet i still agree if you cycle on the pavement, you are a hazard. its the drivers that make cyclists go on the pavement. 

Please help me to get this legislation enforced.