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Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 18 Jan 2020, 9:15pm
by Cyril Haearn
Mick F wrote:No-one?
Some of us Pedantics care.
......... and there are many of us out there.
Trouble is, we don't have any police on the beat.
Last time we saw Devon and Cornwall police, they were in two cars. One in each.
We have two Devon and Cornwall police. One for Devon and one for Cornwall.
Constable Sargent and Sargent Constable at your service
Not need to think much about parking laws, parliament did the thinking for us
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 19 Jan 2020, 10:48am
by MikeF
mjr wrote:gaz wrote:I see you've been researching whilst I was typing and correctly concluded that it's an offence in law to cycle on a footway, as quoted on the sign.
The sign actually says footpath, which is incorrect.
You are correct, but I don't think there are any public footpaths in Lambeth although there might be paths the are not alongside roads that are not technically footways.
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 19 Jan 2020, 12:09pm
by PH
The CDF might assist you in challenging any FPN given for riding on the pavement
However, Ministers have issued guidance to the police to use discretion when issuing fines or fixed penalty notices (FPN) for riding on the pavement. When the FPN was introduced for pavement cycling in 1999, the then Home Office Minister issued the following statement: “The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required.”
In 2014, Transport Minister Robert Goodwill, reiterated this view in a letter to a cycling campaigner saying "I agree that the police should be using discretion in enforcing this law and would support Paul Boateng’s original guidance."
If you have been given a FPN for riding on the pavement but believe the police should have exercised discretion because you were considerate to others and felt compelled to do so to protect yourself, please get in touch with CDF to see if we can assist you in contesting the fine.
https://www.cyclistsdefencefund.org.uk/cycling-offences
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 19 Jan 2020, 4:58pm
by sirmy
mjr wrote:gaz wrote:I see you've been researching whilst I was typing and correctly concluded that it's an offence in law to cycle on a footway, as quoted on the sign.
The sign actually says footpath, which is incorrect.
[quote] IIRC the clause referee to a footpath or causeway parallel next to a carriageway. Incidentally it also makes it an offence to drive or graze cattle on the same. And of course it applies to driving a car on a footway, and you can't park a car with two wheels on the footway without driving on it, but we can over look that ,cause where else can they park.
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 19 Jan 2020, 9:05pm
by gaz
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 21 Jan 2020, 7:40pm
by bazzo
Is there an age cut off for this offence. My daughter lives in Streatham Lambeth. My grandson is 4.5 years old and cycles to school every day, using the footpath across the common and footpaths on the road.
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 21 Jan 2020, 7:53pm
by Mike Sales
bazzo wrote:Is there an age cut off for this offence. My daughter lives in Streatham Lambeth. My grandson is 4.5 years old and cycles to school every day, using the footpath across the common and footpaths on the road.
I don't think there is an age cut off, but children below ten are under the age of criminal responsibility and so cannot be pinched. In practice it would take a hard faced bobby to make a child that age ride on the road. I would not worry, and would ignore any grouches like the one who tried to force my nine year old nephew off the pavement.
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 21 Jan 2020, 8:30pm
by gaz
Mike Sales wrote:In practice it would take a hard faced bobby to make a child that age ride on the road.
About five years since the last report that I remember:
viewtopic.php?f=7&t=94846
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 21 Jan 2020, 10:15pm
by mercalia
bazzo wrote:Is there an age cut off for this offence. My daughter lives in Streatham Lambeth. My grandson is 4.5 years old and cycles to school every day, using the footpath across the common and footpaths on the road.
I dont think the local fuzz ( if you ever see any ) will bother. I see grown up men cycle on the pavement near the library with impunity. Or even those electric scooters . Also I saw today one of those single wheel battery Segways being ridden/driven? from Pinfold Rd to the high street at quite high speed without stopping, into traffic, quite skillful but very dangerous?
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 5 Aug 2020, 8:11am
by simonhill
Has anyone ever used the Boateng defence to avoid an FPN ?
Edit To avoid this being buried here, I am going to raise the Boateng query on the does anyone know forum. Please answer there if you have any experience.
Re: Beware Ye Who Ride On Pathes in Lambeth
Posted: 5 Aug 2020, 10:47pm
by drossall
willswitchengage wrote:It's in the Highway Code, sure, but are Highway Code contraventions criminal offences?
This is explained in the
introduction to the Highway Code itself.
In short, contravening the Highway Code is not of itself an offence, although it could lead to your being held at fault should an accident ensue. However, the requirements stated in the Highway Code include things that are required by various laws.
So, the offence comes in when you are breaking a law that's quoted in the Highway Code. The Code tends to distinguish between "should" and "must" for this reason, with "must" indicating that a law requires whatever is being asked of you.
Simples.
.