# A Crime yes or no ?



## tom73 (3 Oct 2018)

Cyclist takes to closed off motorway

https://road.cc/content/news/249428...c-free-m27-motorway-while-it-closed-roadworks


----------



## sleuthey (3 Oct 2018)

Yes


----------



## Randomnerd (3 Oct 2018)

Nee naw nee naw nee naw. Screeeech. Slam. “Get on the floor. Apostrophe police. You’re nicked sunshine. Read him his rights, Brandreth.”


----------



## Drago (3 Oct 2018)

No offence. While the road is officially closed through a proper closure order it ceases to be a highway for duration of that order. Were he in a motor vehicle he'd then commit the offence of driving other than on a highway, but he's not in a motor vehicle so no specific offence applies.

Were the road open, then the usual motorway rules would apply, and he would be committing an offence.


----------



## tom73 (3 Oct 2018)

@Drago That’s how I’d understand too.


----------



## Jimidh (3 Oct 2018)

Yes probably but can see how he might have been tempted just for the heck of it.


----------



## Slick (3 Oct 2018)

I know where I'm going if they ever shut that damn M8.


----------



## Slick (3 Oct 2018)

Dogtrousers said:


> But if it was closed for works wouldn't he be required to (lights blue touchpaper) wear a hard hat and hi vis?


Health and safety at work act 1974 only applies to those at work.


----------



## snorri (3 Oct 2018)

A non event publicised by those who seek out trivia that they hope will discredit cycling and cyclists.


----------



## Drago (3 Oct 2018)

Ok, ok, it was me.


----------



## snorri (3 Oct 2018)

Drago said:


> Ok, ok, it was me.


If only all the wrongdoers were as quick to admit their guilt as your good self, the polis could retire even earlier.


----------



## subaqua (3 Oct 2018)

Slick said:


> Health and safety at work act 1974 only applies to those at work.


HASAWetcA doesn’t mention hi viz or helmets... and it applies to work activities not just those at work , so gives protection to the general public from work activities ... unless you get squished by a lorry at work .. then the law seems to think it’s just a traffic incident


----------



## tom73 (3 Oct 2018)

Slick said:


> Health and safety at work act 1974 only applies to those at work.



That’s never stop some I’ve worked with from wearing them


----------



## Bobby Mhor (3 Oct 2018)

Slick said:


> I know where I'm going if they ever shut that damn M8.


The Kingston Bridge was closed last Sunday late AM....


----------



## DRM (3 Oct 2018)

He will be fine, just give all the workers a thumbs up as he rides past


----------



## tamiya (4 Oct 2018)

Is Trespass a criminal offence up there?


----------



## Lozz360 (4 Oct 2018)

tamiya said:


> Is Trespass a criminal offence up there?


Trespass is not a criminal offence anywhere unless it is aggravated trespass.


----------



## MichaelW2 (4 Oct 2018)

Was he proceeding in a Northerly direction?


----------



## Andy in Germany (4 Oct 2018)

Wouldn't that be a _traffic offence_ at worst, rather than a crime?


----------



## steveindenmark (4 Oct 2018)

Failing to comply to a temporary road traffic sign. I assume he just rode round the signs saying the motorway was closed. I doubt if the police are doing anything about it and rightly so. But they can hardly say "We are doing absolutely sod all about it", Can they?


----------



## Pat "5mph" (4 Oct 2018)

Bobby Mhor said:


> The Kingston Bridge was closed last Sunday late AM....


Let's organize a CC Ecosse motorway ride, next year when the Great Scottish run is on, all roads shut


----------



## Bobby Mhor (4 Oct 2018)

Pat "5mph" said:


> Let's organize a CC Ecosse motorway ride, next year when the Great Scottish run is on, all roads shut


Who needs the roads closed?
Just follow this dude


----------



## Phaeton (4 Oct 2018)

Lozz360 said:


> Trespass is not a criminal offence anywhere unless it is aggravated trespass.


Thought it was in Scotland?


----------



## User6179 (4 Oct 2018)

Phaeton said:


> Thought it was in Scotland?



Pretty much go where you want in Scotland.


----------



## Phaeton (4 Oct 2018)

Eddy said:


> Pretty much go where you want in Scotland.


Clearly I misunderstood,


----------



## mjr (4 Oct 2018)

Drago said:


> No offence. While the road is officially closed through a proper closure order it ceases to be a highway for duration of that order. Were he in a motor vehicle he'd then commit the offence of driving other than on a highway, but he's not in a motor vehicle so no specific offence applies.
> 
> Were the road open, then the usual motorway rules would apply, and he would be committing an offence.


Now I'm not sure about motorways because I don't deal with them (because we can't cycle on them) but is "a proper closure order" for them a Works Traffic Regulation Order or a Temporary TRO? Violating those normally carries a fine of up to £1000, according to the boilerplate on our locals.

Of course, many are unenforceable against cycling because they routinely fail to sign the closure at entry points from cycleways, but that's hopefully irrelevant for a motorway which shouldn't have any entry points from a cycleway not already covered by motorway signs (such as a cycleway crossing a motorway entrance). We're lucky that our cycle route signs and motorway signs are different colours... oh wait, no, that's France, Belgium, the Netherlands...


----------



## mjr (4 Oct 2018)

Bobby Mhor said:


> Who needs the roads closed?
> Just follow this dude



Meh, amateur. I often cycle in the middle lane of a local 9-lane A road, which has the twin features of being legal and the fastest way to turn right


----------



## Leaway2 (4 Oct 2018)

My mate and I used to cycle up and down the M62 (now part of the M60) in Worsley, when it was being built in the 60's. It was a long hill down past Wardley woods. It was great.
OK its a fair cop, you've got me banged to rights.


----------



## Leaway2 (4 Oct 2018)

Dogtrousers said:


> I bet you're glad you've got that off your chest.
> I'm surprised you've been able to live with yourself.


I am seeking absolution from the CC community.


----------



## Mr Celine (4 Oct 2018)

Drago said:


> No offence. While the road is officially closed through a proper closure order it ceases to be a highway for duration of that order. Were he in a motor vehicle he'd then commit the offence of driving other than on a highway, but he's not in a motor vehicle so no specific offence applies.
> 
> Were the road open, then the usual motorway rules would apply, and he would be committing an offence.


A motorway is a 'special road' which only specific classes of traffic are permitted to use. So does the motorway cease to be a special road and become an all purpose one because of a 'road closed' sign?


----------



## Drago (4 Oct 2018)

It needs a proper closure order. If so, then yes. Its status as a highway is suspended for the duration of such an order. 

If not, such as when closed by the dibble due to an accident, then no. A sign alone won t do it.


----------



## midlife (4 Oct 2018)

Leaway2 said:


> My mate and I used to cycle up and down the M62 (now part of the M60) in Worsley, when it was being built in the 60's. It was a long hill down past Wardley woods. It was great.
> OK its a fair cop, you've got me banged to rights.



We used to ride on the M62 when it was being built on the way to Hull back in the 70'S. the only sign we saw was hand painted .... M62 NOT OPEN


----------



## Racing roadkill (5 Oct 2018)

Nope, nothing to see here


----------



## classic33 (5 Oct 2018)

Leaway2 said:


> My mate and I used to cycle up and down the M62 (now part of the M60) in Worsley, when it was being built in the 60's. It was a long hill down past Wardley woods. It was great.
> OK its a fair cop, you've got me banged to rights.


Been on the A58(M) through Leeds. It was a straight choice between staying upright or disappearing under the rear wheels of a lorry whose driver decided he was on the right road/headed the right way after all, and forgot he was in the lane for coming off the A58.


----------

