Red Lights - Pushing a Cycle and the Law

Commuting, Day rides, Audax, Incidents, etc.
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[XAP]Bob
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Joined: 26 Sep 2008, 4:12pm

Re: Red Lights - Pushing a Cycle and the Law

Postby [XAP]Bob » 23 Dec 2018, 9:18am

SA_SA_SA wrote:
kwackers wrote:.....The current definitions potentially don't even allow you to dismount and push a bike in a pedestrianised area or anywhere there are 'no cycling' signs.

Doesn't the actual law for no cycling signs contain a phrase a bit like 'except for a pedal cyclist pushing their machine'? ( I can;t find it yet....)

Ah the no vehicles at all sign (empty red circle) is described (in 'know your traffic signs') as 'No vehicles except pedal cycles being pushed by hand'whereas no cycling sign is described as 'riding of pedal cycles prohibited' (ie wheeling them is OK).

Does that accidentally exclude handcycles?
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thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Red Lights - Pushing a Cycle and the Law

Postby thirdcrank » 23 Dec 2018, 9:55am

Neither the "no vehicles" nor "no pedal cycles" sign is covered by s 36 of the Road Traffic Act 1988. ie Not complying one does not amount to the offence under that section of failing to conform. To the extent that these signs may be enforceable, their authority comes from either a traffic regulation order or a bye law (the latter being usual on footpaths on public land in urban areas.)

In simple terms, if somebody is prosecuted for RLJ, the charge will allege an offence of failing to conform with the traffic sign contrary to section 36 of the RTA 1988 and that is what the prosecution will have to prove. If somebody is prosecuted for beach of the "no vehicles" sign, it would be under the relevant TRO. It's the exact wording of that TRO - which should have precise detail of its application ie exact details of which road is covered with any exceptions for local circumstances - which the prosecution will have to prove was broken.

Even simpler, the meaning of traffic lights is universal throughout the country, a TRO is specific to the location and signs are only a guide.