Locking bikes to railings

[Reg]

Hi all. I've been locking my bike to some railings in Bath for a few months now (while I'm at work), but the council have just attached notices to those railings:

Bath & North East Somerset Council
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Highways Act 1980
PLEASE DO NOT CHAIN ANY CYCLES TO THESE RAILINGS AS THESE MAY CREATE AN OBSTRUCTION
Cycles will be removed and a collection fee will apply
Any cycle removed from site and not reclaimed within 1 month will be disposed of.
For further information Tel 01225 394041
Email highways@bathnes.gov.uk

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I have emailed for clarification on a number of points here, as I think they're overstating their powers, but wondered if anyone else on the forums has come across similar tactics, or is able to clarify the legal position.

The railings in question border the road on a wide section of pavement, so a carefully parked bike will not cause an actual obstruction.

There are a couple of abandoned bikes locked to the railings, but surely the council can take action to remove these (with due notice) without taking this heavy-handed approach.

I'll update the thread with any response from the council, but would welcome your views in the meantime.

Cheers


Reg
(newbie)

 

[HLaB]

I don't know about their rights but what always puzzles me is when you go to lock up your bike legitimately but all the Sheffield stands are full of bikes which are obviously dumped. Why don't they remove these bikes

 

[Davidc]

Bath council has only changed its name since 1973 then?

The old city council stuck a notice on my bike then, one clearly designed for cars, saying my vehicle would be removed by them if it was illegally parked in Bath again. It was locked to railings near the old bus station at the time. That's the only time that's ever happened to me

It was a b****r to get off.

 

[Jezston]

I don't know about their rights but what always puzzles me is when you go to lock up your bike legitimately but all the Sheffield stands are full of bikes which are obviously dumped. Why don't they remove these bikes

What's 'obvious'?

You can report abandoned bikes to the council - as I did when I had my eye on an old 531-framed tourer with a 3speed hub that had been sat in the same bike rack for almost a month with the tyres hanging off it. Then some oik nicked the weels off it!

 

[HLaB]

What's 'obvious'?

You can report abandoned bikes to the council - as I did when I had my eye on an old 531-framed tourer with a 3speed hub that had been sat in the same bike rack for almost a month with the tyres hanging off it. Then some oik nicked the weels off it!

Out side places when you come back several months later and the frame is still there but no wheels or saddle or badly corroded or chain but it sounds like it not too obvious from your case. The place where it seems obvious to me is at railway stations when see a bike in that condition for several years or at uni when you come back out of term time months later and the same frame is there.

 

[BSRU]

Surely they would have to damage your locks to remove it, which would make them liable to criminal damage.
You should get some locks that can only be cut by a fire brigade cutter and see what how they like that.

 

[battered]

You should get some locks that can only be cut by a fire brigade cutter and see what how they like that.

They will use a contractor who has a petrol powered grinder, and he won't give a toss because it will cut anything in seconds flat. Sorry, but he's there all day anyway and which tools he needs out of the van isn't his biggest concern.

 

[Reg]

Have now also contacted the council's cycling rep, who has replied to the effect that they're investigating who put it there - I think he's implying that it may be a fake put up by disgruntled residents, but time will tell. I'll post any further updates in due course.

Reg

 

[BSRU]

They will use a contractor who has a petrol powered grinder, and he won't give a toss because it will cut anything in seconds flat. Sorry, but he's there all day anyway and which tools he needs out of the van isn't his biggest concern.

Problem with a petrol grinder is they are not very precise and very unwieldy, there would be a serious risk of damaging the bike.

The notice states chained to the railings, if it is D-locked then it is not chained, the notice should have stated locked to the railings.

 

[Bristol Dave]

I think you will find that IF the council put the notices up and IF they are responsible for the railings (i.e. they are the owners) then they CAN remove your bike. Any court action by you with claims of 'criminal damage' would most likely result in you losing.

Are there no other options than to lock your bike to these railings or is this just more convenient for you?

BD

 

[Reg]

BD: I think they have powers to remove abandoned property, and to remove obstructions to the highway (including footpaths/pavements), but not a carte-blanche right to do anything. Apparently there was a bill to allow London counclis to remove bikes locked to railings, lampposts etc, but the House of Lords threw it out. [Article on Bikeradar]

It's a convenient place for me, as (a) it's pretty secure, (b) it's close to work, (c) I can see it from my office, and (d) it's in an open public space. For these reasons it's my preferred place.


Reg

 

[gemsno4]

Have now also contacted the council's cycling rep, who has replied to the effect that they're investigating who put it there - I think he's implying that it may be a fake put up by disgruntled residents, but time will tell. I'll post any further updates in due course.

Reg

If thats the case I definitely wouldn't leave it there again. If some resident does manage to remove it then what are your chances of getting it back? Yes it would be theft and you could report your suspicions and conversation with the council but you would still not have a bike.

 

[Amanda P]

Presumably, the railing is there to discourage people moving from one area to another - i.e. to obstruct them. Adding bikes to the obstruction will only make it more of an obstruction.... ??

 

[Reg]

gemsno4: this is Bath we're talking about - I don't think these people would want to get their hands that dirty ;-)

My bike is protected by a good lock, and one of the abandoned bikes only needs a spanner to remove it cos of the way it's locked up, and it's still there.

But we'll see - it may be a 'real' notice and the confusion is down to not-very-joined-up (local) government - if you lived in B&NES you wouldn't be surprised to hear that!


Reg

 

[StuartG]

Slightly off topic but when passing through Euston Station on Monday I noticed that about 10% of the huge number of bikes lashed to the various provided parking places had notices attached to the effect if they were not reclaimed within 7 days then they would be removed.

Of course that is on private land and subject to Railway bye-laws etc so I guess should be taken very seriously. Indeed I wonder how the railway people recycle the cycles since destruction would be very sad for some of the better ones ...

I always think you must be lucky if your bike lasts more than 7 days in a public place anyway.