Are cyclists exempt from speed limits?

[Fasta Asloth]

The regulations use the phrase "drive or ride any vehicle" which would include a bicycle without any need to consider the issue of whether or not a bicycle is mechanically propelled.

It may do depending on their definition of vehicle? They may have just meant ride a motorcycle, scooter etc, not a pedal-propelled "vehicle"? Hence more clarification, IMO...

 

[Fasta Asloth]

The Road Vehicles Lighting Regulations 1989 already defines a pedal cycle as:

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The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as

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The definition used by The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 for a 'vehicle' is

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Clearly, a pedal cycle is already considered not to be propelled by mechanical power therefore cannot be judged to be a "motor vehicle" under general road traffic acts nor a "vehicle" under the Royal Parks Regulations.

In my opinion the police were wrong to charge him and court was wrong to convict the cyclist of speeding.

GC

Perhaps it would be more clear if the 2010 amendment actually specified this definition...?
"A vehicle which is not constructed or adapted to be propelled by mechanical power and which is equipped with pedals, ..."

 

[SteCenturion]

And who sets them up prior to use on a bike?

Greater Manchester Police -

They are really helpful.

Come to our street - stand at the top & they will point a speed gun @ you.

All I have to do is let rip - B@LL$ out & they tell me my max speed - calibrated.

Cup of tea & a chat later - job done.

Getting Burgled or mugged though & it's a 6 week wait.

 

[glasgowcyclist]

Perhaps it would be more clear if the 2010 amendment actually specified this definition...?
"A vehicle which is not constructed or adapted to be propelled by mechanical power and which is equipped with pedals, ..."

If the intent of the legislation was to encompass pedal cycles within the speed restrictions, the easiest way would have been to say "including pedal cycles".
As it stands, the law makes it plain that a pedal cycle is not mechanically propelled.

GC

 

[classic33]

Greater Manchester Police -

They are really helpful.

Come to our street - stand at the top & they will point a speed gun @ you.

All I have to do is let rip - B@LL$ out & they tell me my max speed - calibrated.

Cup of tea & a chat later - job done.

Getting Burgled or mugged though & it's a 6 week wait.

Police are not qualified to calibrate speedometers on any type of vehicle.
You only need to change the tyre size to throw the setting out.

 

[Frood42]

Richmond Park...

The 2010 amendment reads that mechanically propelled vehicles must adhere to the speed limits.
As bikes are not mechanically propelled (unless its an e-bike) then the speed limits do not apply.

I can read that the phrase says to drive or ride any vehicle, which says to me cars, vans, lorries, motorbikes, scooters etc, which are examples of what would fit into the definition they have decided for a "vehicle".

So the problem seems to be the park ignoring the RTA conventions around "motor vehicles" and "vehicles"?
.

 

[Fasta Asloth]

If the intent of the legislation was to encompass pedal cycles within the speed restrictions, the easiest way would have been to say "including pedal cycles".
As it stands, the law makes it plain that a pedal cycle is not mechanically propelled.

GC

True, but clearly not "plain" if someone is getting charged with such an offence. At least one police officer and magistrate don't know the law and need help on its clarification...... Actually more than one police officer given the number of club mates that have been stopped regarding their "speeding" in the park....

 

[deptfordmarmoset]

I read this a while ago and ended up completely confused - http://road.cc/content/news/94300-teen-cyclist-fined-riding-37mph-richmond-park

 

[Fasta Asloth]

OK but it seems to me that risking the status quo for the whole country for the sake of a small number of people who wish to see how fast they can ride round Richmond Park is not a clever move.

How would it affect the whole country? It is being more clear on the definition of wording specifically used within royal park byelaws, not anywhere else...?

 

[glasgowcyclist]

It was clear as originally written "any vehicle" which included bicycles. I think that it is equally clear as amended where a vehicle is defined as a mechanically propelled vehicle which excludes bicycles.
I am pretty sure that excluding bicycles was not the intention though.

Yes, I should have said amended legislation.

GC

 

[Fasta Asloth]

Getting a court to consider whether or not a bicycle is a mechanically propelled vehicle could have that consequence.

So be it, if someone has been charged with speeding in the royal parks, they decide to contest the charge and go to court pleading not guilty due to their interpretation of the definitions within the park byelaws, then the court has to make a ruling one way or the other... Since even withthe replies on here, there is differing of opinion...

 

[totallyfixed]

I really cannot see a problem here, whether the law, in the form of some dotty old magistrate thinks a bicycle is mechanically powered or not. The problem the law faces is that unless every bike is fitted with a speedo and it is calibrated regularly with some official body [not going to happen] then no one can be stopped for speeding on a bike unless they were in the act of overtaking a vehicle that was doing the speed limit and it can be proven.
Anyone who has been fined for speeding on a bicycle has imo a very strong case for getting their money back.

 

[User482]

The problem the law faces is that unless every bike is fitted with a speedo and it is calibrated regularly with some official body [not going to happen] then no one can be stopped for speeding on a bike unless they were in the act of overtaking a vehicle that was doing the speed limit and it can be proven.

If your car speedo develops a fault, it's not illegal to continue your journey. You can still be prosecuted for speeding.

 

[Fasta Asloth]

So be it? Have you considered all the laws that would apply to us?

That would depend on what the ruling was, would it not? One scenario is that the court agrees that the current definitions are unnecessarily unclear and after a not guilty finding, asks for the royal park legislation to be specifically amended to include the term bicycle (either as being included or excluded from the speed limit). What would then be the knock-on effect you appear to be mentioning? The ruling is specific to a (imo) particularly poorly written bye-law...?

 

[Fasta Asloth]

No. If a decision, in an appropriate court, was that a bike is a mechanically propelled vehicle then that is what it is.

That is one outcome. There can be others, as I've stated.