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.
School requires helmets on journey to school
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- The utility cyclist
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Re: School requires helmets on journey to school
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?
Re: School requires helmets on journey to school
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.
Re: School requires helmets on journey to school
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...
Re: School requires helmets on journey to school
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
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All the above is CC-By-SA and no other implied copyright license to Cycle magazine.
Re: School requires helmets on journey to school
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.
There are two kinds of people in this world: those can extrapolate from incomplete data.
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Re: School requires helmets on journey to school
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.