Classic, you're obviously not getting the point of this. I am in no way saying that because I am in uniform I can do what I want, actually being in uniform these days makes me feel a damn site more vunerable and more likely to prosecution if I do something that I cannot justify.
Back to cycling on the pavement, this is the reason why I have handed out only one ticket for cycling offences. This to an 18 year old who was cycling on the pavement, no handed texting at the time!
This is the first bit.
The object of
Section 72 Highways Act 1835 was intended not to protect all footpaths, but only footpaths or causeways by the side of a road, and that this is still the case has been ruled in the high court.
The legislation makes no exceptions for small wheeled or children's cycles, so even a child riding on a footway is breaking the law. However, if they are under the age of criminal responsibility they cannot, of course, face prosecution.
The next part that clears this up is:
And this is the important bit:
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.
(Letter to Mr H. Peel from John Crozier of The Home Office, reference T5080/4, 23 February 2004)
"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.
http://www.bikeforall.net/content/cycling_and_the_law.php