Cycling on the pavement

[Chris S]

What is the legal status of cycling on the pavement?

I always thought it was illegal but I've seen police and community support officers do it.

 

[Gerry Attrick]

I've seen police cars parked on double yellows and coppers using a mobile phone whilst driving. I doesn't make it legal my friend.

 

[ian turner]

What is the legal status of cycling on the pavement?

I always thought it was illegal but I've seen police and community support officers do it.

Cycling on footways (a pavement at the side of a carriageway) is prohibited by Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888. This is punishable by a fixed penalty notice of £30 under Section 51 and Schedule 3 of the Road Traffic Offenders Act 1988.

Why else would there be signs specifically indicating that a wide pavement was also a cycle path ?

 

[jimboalee]

You have permission off the local council to move your vehicle across the pavement that seperates your driveway and the roadway.

 

[GrumpyGregry]

Yes it is illegal. However the Home Office have issued qualifying advice which boils down to "Dear Chief Constable, don't 'do' people if they ride responsibly and safely on the pavement and are doing so because they consider the road to be too dangerous an alternative."

For some strange reason this perfectly reasonable workaround seems to provoke the fury of many of the "but the law says" brigade including some 'proper' cyclists. I guess they'd rather see 10-year-olds and their once-a-week cycling mum's riding to the shops on dual carriageways, or perhaps not riding at all?

 

[mgarl10024]

Hi Chris,

I live in North Bristol and at a recent local community meeting I asked this very question to the local Neighbourhood Team Inspector.

His response was that it was illegal but that they had to use discretion. So, if you were a 10 year old riding slowly, unlikely to cause an incident, they'd probably let it slide. However, he cited a case of a 'fully grown adult' going 'at top speed' down a pavement on a local highstreet packed with people - who would of course cause a lot of injury if they hit someone. They caught up with him, put him through the courts, and he ended up with a £500 fine.

Hope that helps,

MG

 

[summerdays]

Hi Chris,

I live in North Bristol and at a recent local community meeting I asked this very question to the local Neighbourhood Team Inspector.

His response was that it was illegal but that they had to use discretion. So, if you were a 10 year old riding slowly, unlikely to cause an incident, they'd probably let it slide. However, he cited a case of a 'fully grown adult' going 'at top speed' down a pavement on a local highstreet packed with people - who would of course cause a lot of injury if they hit someone. They caught up with him, put him through the courts, and he ended up with a £500 fine.

Hope that helps,

MG

Well if you live in Bristol then the following is relevant ... as of yesterday, there is supposed to be a crack-down on pavement cycling and RJL'ing - if you are caught you have the choice of the fine £30 or a £15 1 hours cycle training course. Originally I had heard that it was also supposed to include a crackdown on bad driving by motorists affecting cyclists (stopping in the ASL box, parking in cycle lanes), but apparently they have decided to wait and see how the first part is deemed. I would rather an equal attack.

IT also doesn't say whether it takes into account Home Office guidance.

As regards to children cycling on the pavement - I've chatted with various policemen over the years and usually get the same response - they are unlikely to stop a child on the pavement unless they are cycling in a dangerous manner. They can't fine them anyway.

 

[benb]

What about if there is a pavement with a strip of grass between it and the road, like this.
Is it OK to cycle on the grass bit?

 

[ManiaMuse]

I really don't see the point in those MTB cops.

I mean, why do they need front suspension? Surely a hybrid style bike would be more suitable to their needs (pretty much all roads/pavements). I would have thought that a bike chase along a rough track would be pretty rare.

And why do they insist on cycling in twos next to each other in the middle of the road at 5-8mph. I've lost of the number of times I've had to pull right out to scalp a pair of slow moving coppers.

I think I saw mentioned somewhere that the only training they have to do is bikeability 2 which is aimed at 10-13 year olds.

Why don't we give them roller blades instead like the French?

 

[swee'pea99]

Or pogo sticks...

 

[g00se]

I really don't see the point in those MTB cops.

I mean, why do they need front suspension? Surely a hybrid style bike would be more suitable to their needs (pretty much all roads/pavements). I would have thought that a bike chase along a rough track would be pretty rare.

And why do they insist on cycling in twos next to each other in the middle of the road at 5-8mph. I've lost of the number of times I've had to pull right out to scalp a pair of slow moving coppers.

I think I saw mentioned somewhere that the only training they have to do is bikeability 2 which is aimed at 10-13 year olds.

Why don't we give them roller blades instead like the French?

Read an article on it a while back - it's for jumping kerbs and going down steps

 

[jimboalee]

I really don't see the point in those MTB cops.

I mean, why do they need front suspension? Surely a hybrid style bike would be more suitable to their needs (pretty much all roads/pavements). I would have thought that a bike chase along a rough track would be pretty rare.

And why do they insist on cycling in twos next to each other in the middle of the road at 5-8mph. I've lost of the number of times I've had to pull right out to scalp a pair of slow moving coppers.

I think I saw mentioned somewhere that the only training they have to do is bikeability 2 which is aimed at 10-13 year olds.

Why don't we give them roller blades instead like the French?

Because 'England swings'.....

 

[ManiaMuse]

Read an article on it a while back - it's for jumping kerbs and going down steps

So? This guy can do it on a road bike...

 

[GrumpyGregry]

So? This guy can do it on a road bike...

not on a fully loaded plod bike wearing fully loaded plod gear he can't.

 

[GrumpyGregry]

Well if you live in Bristol then the following is relevant ...

Then the good folk of Bristol need to arm themselves with this information

On 1st August 1999, new legislation came into force to allow a fixed penalty notice to be served on anyone who is guilty of cycling on a footway. However the Home Office issued guidance on how the new legislation should be applied, indicating that they should only be used where a cyclist is riding in a manner that may endanger others. At the time Home Office Minister Paul Boateng issued a letter stating that:

"The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required."

Almost identical advice has since been issued by the Home Office with regards the use of fixed penalty notices by 'Community Support Officers' and wardens.

"CSOs and accredited persons will be accountable in the same way as police officers. They will be under the direction and control of the chief officer, supervised on a daily basis by the local community beat officer and will be subject to the same police complaints system. The Government have included provision in the Anti Social Behaviour Bill to enable CSOs and accredited persons to stop those cycling irresponsibly on the pavement in order to issue a fixed penalty notice.

I should stress that the issue is about inconsiderate cycling on the pavements. The new provisions are not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of the traffic, and who show consideration to other road users when doing so. Chief officers recognise that the fixed penalty needs to be used with a considerable degree of discretion and it cannot be issued to anyone under the age of 16. (Letter to Mr H. Peel from John Crozier of The Home Office, reference T5080/4, 23 February 2004)

The onus is on the enforcement officers to demonstrate irresposbsible/inconsiderate behaviour by the pavement cyclist when issuing a fixed penalty notice - which you can contest if you wish and get your day in court to debate the case. I've spoken to our local CSO's in the past about their occassionally overzealous and underinformed approach when they have stopped me. (riding on pavement route at walking speed which avoids a town centre dual carriageway where the 30mph limit is never, ever enforced.