Angelfishsolo
A Velocipedian
- Location
- Cwmbach, South Wales
EDIT - I must make clear that this comment only refers to the ride led from Rhondda Heritage Park on a Sunday.
I came back from a group ride today organised by two people either employed by or at least paid by "Mentro Allan" (a subsiduary of Sustrans). Within a minute of the ride starting we exited the car park and made to join a B road. To my surprise we were told to ride on the pavement. I point blankly refused and pointed out to the 'Leader' that this was unlawful. He stated that I was talking Bollox as the legislation didn't take into account novice cyclists (and he had been doing it for 17 years and never got caught!!) He then went onto state that as "the law is corrupt then we need to be as well." I was ammazed and left the group to cycle in my own instead.
I have just looked up the relevent legislation (just to be sure). Please correct me if I am missing something here.
The primary legislation which makes cycling on a footway an offence is section 72 of the 1835 Highways Act, this provides that a person shall be guilty of an offence if he "shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway."
Section 85 of the Local Government Act 1888 extended the definition of "carriage" to include "bicycles, tricycles, velocipedes and other similar machines."
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.
[FONT="]On [/FONT][FONT="]1st August 1999[/FONT][FONT="], new legislation came into force to allow a fixed penalty notice to be served on anyone who is guilty of cycling on a footway[/FONT]
I came back from a group ride today organised by two people either employed by or at least paid by "Mentro Allan" (a subsiduary of Sustrans). Within a minute of the ride starting we exited the car park and made to join a B road. To my surprise we were told to ride on the pavement. I point blankly refused and pointed out to the 'Leader' that this was unlawful. He stated that I was talking Bollox as the legislation didn't take into account novice cyclists (and he had been doing it for 17 years and never got caught!!) He then went onto state that as "the law is corrupt then we need to be as well." I was ammazed and left the group to cycle in my own instead.
I have just looked up the relevent legislation (just to be sure). Please correct me if I am missing something here.
The primary legislation which makes cycling on a footway an offence is section 72 of the 1835 Highways Act, this provides that a person shall be guilty of an offence if he "shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway."
Section 85 of the Local Government Act 1888 extended the definition of "carriage" to include "bicycles, tricycles, velocipedes and other similar machines."
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.
[FONT="]On [/FONT][FONT="]1st August 1999[/FONT][FONT="], new legislation came into force to allow a fixed penalty notice to be served on anyone who is guilty of cycling on a footway[/FONT]
