School requires helmets on journey to school

thirdcrank
Posts: 36776
Joined: 9 Jan 2007, 2:44pm

Re: School requires helmets on journey to school

Post by thirdcrank »

My very good friend the milkman had no doubt that somebody wheeling a bike was a passenger on foot - a pedestrian in modern English - and it's hard to reach any other conclusion but what difference does it make in a situation like this?

Calm negotiation is IMO the best solution, but if you do feel compelled to resort to the law, you need a proper lawyer. You might get a final ruling in time for your child to go to university, if you have the £££ left to help them go.
User avatar
The utility cyclist
Posts: 3607
Joined: 22 Aug 2016, 12:28pm
Location: The first garden city

Re: School requires helmets on journey to school

Post by The utility cyclist »

gaz wrote:
The utility cyclist wrote:Exactly, if you are on foot and with a bicycle you are a pedestrian in law.

Over simplification. There are circumstance where a pedestrian wheeling a bicycle remains in charge of a carriage, e.g. recent successful prosecution under Licensing Act 1872 s12.

yeah, I guess children are going to be pissed up walking their cycles into and out of school ...really? :roll:
Mattyfez
Posts: 354
Joined: 22 Dec 2014, 7:24pm

Re: School requires helmets on journey to school

Post by Mattyfez »

gaz wrote:
The utility cyclist wrote:Exactly, if you are on foot and with a bicycle you are a pedestrian in law.

Over simplification. There are circumstance where a pedestrian wheeling a bicycle remains in charge of a carriage, e.g. recent successful prosecution under Licensing Act 1872 s12.


Allegedly wheeling it, but it seems a strange and tenuous comparison, school children are unlikely to be drunkenly walking thier bike from the pub to school and start arguing with police after damaging a vehicle. Be it by falling off or simply falling over whist holding the bike.
Children riding to or from school are also very unlikely to be wearing lycra and clip shoes.

It's a nonsensical comparison.
User avatar
pjclinch
Posts: 5470
Joined: 29 Oct 2007, 2:32pm
Location: Dundee, Scotland
Contact:

Re: School requires helmets on journey to school

Post by pjclinch »

Mattyfez wrote:It's a nonsensical comparison.


When has that ever stopped anyone trying to use something in court?
Often seen riding a bike around Dundee...
User avatar
mjr
Posts: 20308
Joined: 20 Jun 2011, 7:06pm
Location: Norfolk or Somerset, mostly
Contact:

Re: School requires helmets on journey to school

Post by mjr »

Mattyfez wrote:Allegedly wheeling it, but it seems a strange and tenuous comparison, school children are unlikely to be drunkenly walking thier bike from the pub to school and start arguing with police after damaging a vehicle. Be it by falling off or simply falling over whist holding the bike.

You must have gone to a sheltered school. I suspect the main reason it never happened at mine was that the school bike shed was the closest decent parking to the pub we frequented and the police were rarely seen ;-)
MJR, mostly pedalling 3-speed roadsters. KL+West Norfolk BUG incl social easy rides http://www.klwnbug.co.uk
All the above is CC-By-SA and no other implied copyright license to Cycle magazine.
User avatar
[XAP]Bob
Posts: 19793
Joined: 26 Sep 2008, 4:12pm

Re: School requires helmets on journey to school

Post by [XAP]Bob »

gaz wrote:
The utility cyclist wrote:Exactly, if you are on foot and with a bicycle you are a pedestrian in law.

Over simplification. There are circumstance where a pedestrian wheeling a bicycle remains in charge of a carriage, e.g. recent successful prosecution under Licensing Act 1872 s12.


Being in charge of a carriage is not 'leaving by bicycle' which is what the OP wrote (although he was paraphrasing).
I'd love to see a court get faced with that and Crank vs Brooks...
A shortcut has to be a challenge, otherwise it would just be the way. No situation is so dire that panic cannot make it worse.
There are two kinds of people in this world: those can extrapolate from incomplete data.
thirdcrank
Posts: 36776
Joined: 9 Jan 2007, 2:44pm

Re: School requires helmets on journey to school

Post by thirdcrank »

Yep. Every case is decided on its own facts, which is how our learned friends make their living. Even so, it's hard to get away from the idea that somebody walking is a pedestrian. We may all play more than one role at once. The most significant role for the OP's child here, IMO is as a school pupil.
Post Reply