Does Highway Code need updating....

Page may contain affiliate links. Please see terms for details.

fossyant

Ride It Like You Stole It!
Location
South Manchester
In what way ?
 
OP
OP
Ride2017

Ride2017

Well-Known Member
The Highway Code and law forbids cycling on the pavement yet the police in Camden and most other places appear to turn a blind eye to it..... is it not better to clarify things one way or the other rather than have a law that everyone ignores? I can quite easily break the motor vehicle speed limit in a large number of places in town, think those 20mph zones. From a safety POV both mine and others should that be the case?

Reflectors and lights also spring to mind.
 
The Highway Code and law forbids cycling on the pavement yet the police in Camden and most other places appear to turn a blind eye to it..... is it not better to clarify things one way or the other rather than have a law that everyone ignores? I can quite easily break the motor vehicle speed limit in a large number of places in town, think those 20mph zones. From a safety POV both mine and others should that be the case?


That will be what is known as the "Boateng guidance"

Paul Boateng was the Transport Minister when fixed penalty notices were introduced for pavement cycling

He stated that it was no the intention to penalise responsible cyclists:

“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.”
 
Remember the preamble, in that the Highway Code is not a legal document, but an "enabling" document. It is a standard that should be followed and failure to do so establishes behaviour below that 'which could reasonable be expected of a reasonably competent person"


There is the differentiation between "should" and "must"

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

You can ignore the Highway Code itself as much as you like, what is the offence is breaking the law behind the code.

For instance:

64
You MUST NOT cycle on a pavement.
Laws HA 1835 sect 72 & R(S)A 1984, sect 129

The offence is the breach of the law(s) listed
 
Top Bottom