is this a footway

[honesty]

This is tangential to my school cycling request, I was thinking about this, but does the path on the left of this https://goo.gl/maps/vWE3rmBofWq count as a footpath or a footway? Does the large green verge between the road and the path mean that it is no longer counted as included within the boundaries of the highway? Thoughts?

[fausto copy]

On OSM it's shown as a footpath.

fausto.

[thirdcrank]

I think that the unhelpful answer is that it depends on the application of the law to "the facts." ie The only certain way for there to be an answer would be for somebody to be prosecuted, plead not guilty and then for the loser, be it the prosecutor or defendant, to appeal to the Queen's Bench Division by way of case stated.

The chances of that happening are zilch and I'm sure you wouldn't want to play a starring role in Honesty v CPS or whatever. Apart from anything else, I fancy the CPS would find a way of dropping a contested case in this scenario but you can't be sure.

You are obviously and rightly concerned to comply with the law, but it's vague. I suspect there are two incalculables to consider. Will anybody complain? This is obviously relevant as I understand you are planning a daily cycling route accompanying your child. Then, if this comes to "police notice" through a complaint or otherwise, how would it be dealt with. The common sense way in the absence of inconsiderate cycling is to ignore it. The finer points of what amounts to an offence under the Highways Act 1835 are perhaps not included in the training of PCSO's.

Looking at streetview along a stretch of that road, I think the local highway authority would regard it as a footway, but that's not necessarily conclusive. (eg There have been loads of cases about "road maintained at the public expense" in connection with vehicle taxation. Just because the local highway authority maintains a road does not necessarily make it "at the public expense." )

You will probably get plenty of reassurance from some on here but I am mindful that you and your child will be the ones out there. You have my sympathy and I hope this goes OK for you.

[rjb]

Cyclists heaven - Ministry of cake here i come

[honesty]

Thanks thirdcrank. Unfortunately I thought that may be the case. I have approached the Somerset small improvements team to see if they can add shared route signs to the road which would side step the whole issue.

[honesty]

Cyclists heaven - Ministry of cake here i come

There's a factory shop as well. 16 slice 3 layer chocolate fugue cake for 7 quid. Same ones weatherspoons and other chains sell you for £5 a slice. Bet you can't guess what my freezer has in it usually...

[thirdcrank]

Thanks thirdcrank. Unfortunately I thought that may be the case. I have approached the Somerset small improvements team to see if they can add shared route signs to the road which would side step the whole issue.

I see that there's a farcility alongside another road which joins the road in question. That may mean that all the roads around there have been considered for cycle routes. Assuming that the main road leads to a school, one might think it would benefit from something being done for child cyclists. That makes me wonder if they have already considered "your" path and decided against shared-use, perhaps because of objections from residents. Now, if they have decided they don't want cyclists on there, either, they assume it's a footway or they look at a byelaw prohibiting cycling. I may be assuming there's logic when none exists. Your approach to the local authority will hopefully get a result, or at least clarification.

[honesty]

No logic here unfortunately...

The facility on the other side of road was put in place by the developer of the new houses as part of the planning permission requirements. It's crap and too narrow. For daughter though even those stupid zig zagging crossings are better than trying to get her to go over the road.

[thirdcrank]

https://www.google.co.uk/maps/@51.02765 ... 312!8i6656

This is what I was referring to - Silk Mills Lane. I'd not pass judgment based only on streetview, but looking at that shot at least there's both an "on pavement" route and an ASL on the carriageway which legitimates remaining on the road for those riders who prefer it.

[honesty]

They don't cut the tree properly there so it always is too low to cycle on the pavement, and there's no drop kerb to get from the road onto the facility by the ASL. So you have to make a choice further back, gamble with the lights and maybe get stuck in an bike box, or ride in the farcility and get hit in the face by tree branches. It's rubbish. By Taunton standards it's quite decent though...

[gaz]

The only suggestion I can make is to take a look at your local authority's Definitive Map of PRoW. If it is a "footpath" it should appear as such on the Definitive Map.

My gut says footway .

[thirdcrank]

They don't cut the tree properly there so it always is too low to cycle on the pavement, and there's no drop kerb to get from the road onto the facility by the ASL. So you have to make a choice further back, gamble with the lights and maybe get stuck in an bike box, or ride in the farcility and get hit in the face by tree branches. It's rubbish. By Taunton standards it's quite decent though...

Back to what I said above, the only significance here is that it shows that somebody has done something about farcilities in that area. I think your plan to approach the authority is a good one. I've no idea what involvement you have locally, but your local Right to Ride rep or cycling campaign group may know something of the history of this. (If you are already involved there, sorry.)

[honesty]

Taunton Area Cycling has just started really and this bit doesn't even make there top 15 items needing improvement... on the plus side Taunton just got garden town status so this could mean a willingness to do something and the lib dem candidates here has said to me he's a cyclist and would sign up to the space4cycling campaign. So maybe something happening in the future.

[drossall]

This is what I was referring to - Silk Mills Lane.

If you look at that junction, there's a cycle path approaching along the main road. The way it terminates, the providers are expecting bikes to go back on the road. There's no connection to the path mentioned by the OP. So, I agree with this:

Looking at streetview along a stretch of that road, I think the local highway authority would regard it as a footway, but that's not necessarily conclusive.

[thirdcrank]

Ultimately, it's a matter of how a court interprets this:

... upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers;

http://www.legislation.gov.uk/ukpga/Wil ... section/72

Obviously, no problem with your common or garden pavement with the kerb next to the gutter, but the further the path is from the carriageway, the greater the possibility that the Highways Act does not apply. There must come a time when a verge between a carriageway and a path is so wide that it ceases to be a part of the highway. AFAIK, the "highway fence" is the limit of the highway but as there doesn't need to be a real fence at all, it may be an area for doubt. The intentions of the highway authority are important but not decisive.

One area of the law here this type of thing can be significant is if there's a big compo case when somebody falls and is injured and the responsibility for the route can affect the way the case is considered. eg AFAIK, A highway authorities special defence does not apply if a route is not a highway, even if it is the responsibility of the same municipal authority.

Anyway, as I think I posted above, no normal person wants to be one half of the citation of an appeal case riding a bike with a child going to school. The CPS also seem reluctant to bother with these cases, but again not everybody wants to see who blinks first.