Crash on Cyclepath

General cycling advice ( NOT technical ! )
simonhill
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Re: Crash on Cyclepath

Postby simonhill » 7 Jan 2020, 6:45pm

Is this a dedicated cycle path.

If so, what is the legal status of a cycle path.

The reason I ask is that it is an offence to obstruct a highway ( I was recently reading about this re blocking off a driveway). Could you you claim that someone has obstructed the highway, in which case it might be a police matter.

Sorry if this is a red herring.

dim
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Re: Crash on Cyclepath

Postby dim » 7 Jan 2020, 6:46pm

contact your local newspaper

MikeF
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Re: Crash on Cyclepath

Postby MikeF » 7 Jan 2020, 8:03pm

dim wrote:contact your local newspaper
They don't now exist in many areas. :wink:
"It takes a genius to spot the obvious" - my old physics master

MurF
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Re: Crash on Cyclepath

Postby MurF » 7 Jan 2020, 9:53pm

simonhill wrote:Is this a dedicated cycle path.

If so, what is the legal status of a cycle path.

The reason I ask is that it is an offence to obstruct a highway ( I was recently reading about this re blocking off a driveway). Could you you claim that someone has obstructed the highway, in which case it might be a police matter.

Sorry if this is a red herring.


Not sure as yet on the status of the cycle path, but looking on google street view, all the photo for each year (2016-2019) all have the railings open across the path where I crashed (there is a God somewhere!!) and google has the evidence that it's been there for ages (or at least three times in the past 3 years). Ha, looks like there's plenty of evidence of previous failings by 'someone', be it the council or a property owner/management.
railings.jpg

pwa
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Re: Crash on Cyclepath

Postby pwa » 7 Jan 2020, 10:04pm

For several years one of my jobs, within a previous employment, was to carry out regular inspections of a shared use path and rectify any safety issues. Vandalism to fencing was common, and dangerous. I spent a lot of time securing fencing that someone else had detached for fun. The landowner has a duty of care so has to deal with it, but let's not forget that very often the problem is created by a vandal who ends up putting folk at risk and using up resources that could be spent on something better.

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mjr
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Re: Crash on Cyclepath

Postby mjr » 7 Jan 2020, 11:44pm

simonhill wrote:Is this a dedicated cycle path.

If so, what is the legal status of a cycle path.

The reason I ask is that it is an offence to obstruct a highway ( I was recently reading about this re blocking off a driveway). Could you you claim that someone has obstructed the highway, in which case it might be a police matter.

Sorry if this is a red herring.

It is almost always a bridleway, highway or part thereof. I'm not sure it helps much whether or not it is a criminal obstruction because damage has been done and loss suffered which will be a civil case to recover, plus I doubt the police will turn out for this.
MJR, mostly pedalling 3-speed roadsters. KL+West Norfolk BUG incl social easy rides http://www.klwnbug.co.uk
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simonhill
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Re: Crash on Cyclepath

Postby simonhill » 8 Jan 2020, 10:33am

I wasn't advocating a full turn out by The Sweeney. I would think that reporting it to the Police and having it logged can't do any harm, after all, there was an 'accident'. Would it not at least add grist to the civil action mill?

Even if the Police say it is a Council matter and they don't deal with such things, it has got the ball rolling on establishing something wrong has happened.

Maybe I am just a bit naive about such things.

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mjr
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Re: Crash on Cyclepath

Postby mjr » 8 Jan 2020, 10:40am

Yes, it probably can't hurt. I suspect it'll achieve nothing, though.
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.

fullupandslowingdown
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Re: Crash on Cyclepath

Postby fullupandslowingdown » 9 Jan 2020, 1:56am

that giggleview photo really does point the finger at the house resident as being to blame and therefore legally responsible. Looking closely you can see why the "gate" hinges out: because the rising ground and step would prevent the gate from been opened inwards enough to allow the person to pass through. I'd be tempted to post a watch at the location during the day and wait to see if the resident does indeed pass through this unauthorised gate, and photo them doing so. I'll bet a roll of Kodachrome that if they are using it as such, they will open the gate outwards at least 3 feet (914.4mm) to pass through, rather than try to squeeze through a small gap if it was moved inwards.
I will further wager a Jakeman's cherry menthol sweet that they have probably been either refused permission to put in a gate or asked for a ridiculous amount for the management company to do so. The general appearance of the fencing suggests it's relatively new and shouldn't be falling to pieces just yet, therefore it is miscreants of one form or another responsible for making it fall apart.
The exact legal status of the cyclepath doesn't matter as this is about something dangerous in an area to which members of the public have access to. Duty of care.

alexnharvey
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Re: Crash on Cyclepath

Postby alexnharvey » 10 Jan 2020, 3:28pm

fullupandslowingdown wrote:that giggleview photo really does point the finger at the house resident as being to blame and therefore legally responsible. Looking closely you can see why the "gate" hinges out: because the rising ground and step would prevent the gate from been opened inwards enough to allow the person to pass through. I'd be tempted to post a watch at the location during the day and wait to see if the resident does indeed pass through this unauthorised gate, and photo them doing so. I'll bet a roll of Kodachrome that if they are using it as such, they will open the gate outwards at least 3 feet (914.4mm) to pass through, rather than try to squeeze through a small gap if it was moved inwards.
I will further wager a Jakeman's cherry menthol sweet that they have probably been either refused permission to put in a gate or asked for a ridiculous amount for the management company to do so. The general appearance of the fencing suggests it's relatively new and shouldn't be falling to pieces just yet, therefore it is miscreants of one form or another responsible for making it fall apart.
The exact legal status of the cyclepath doesn't matter as this is about something dangerous in an area to which members of the public have access to. Duty of care.


Indeed, very well observed and I for one would not take the other side of that bet, not even for a full bag of sweets.

It would be very tempting to fasten it closed with a breakaway/shear nut and then photograph the miscreant when they get their hacksaw or angle grinder out, or when they come out of the house cursing at you for locking their 'gate' :)

I wonder if the police or an injury lawyer would be interested or if they would regard it as too difficult to prove.

dim
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Re: Crash on Cyclepath

Postby dim » 10 Jan 2020, 6:08pm

they have erected new barriers on the cyclepath between Great Shelford and Cambridge train station .... madness as this is on a steep downhill ... the gap between the 2 barriers is very narrow and a cargo bike will not get through these easily

also there are no reflective signs for when it's dark. These were erected yesterday and there are already complaints:

Image

fullupandslowingdown
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Re: Crash on Cyclepath

Postby fullupandslowingdown » 14 Jan 2020, 4:30pm

It is curious how any obstruction on the main carriageway is totally verboten but the most heinous of obstructions are routinely planted on footpaths and cycleways as if cyclists and pedestrians don't have the same rights of free passage that car drivers expect. You noticed how pedestrian safety rails on footpaths are always put 6 inches in from the kerb. I used to assume that this was for the benefit of cyclists, particularly mountain bikers, so they didn't get their handlebars enmeshed, but a county councils highways engineer told me that though it might be a factor for him, the real reason was to avoid the cost of replacing damage caused by vehicles, particularly HGVs who overhang the kerb when manoeuvring. Then there are the signs for motorists whose supporting poles are embedded in the middle of the footpath. And a more recent menace, the cabinets installed by telecom companies taking up half the sidewalk. It really does make us feel like second class citizens.

nirakaro
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Re: Crash on Cyclepath

Postby nirakaro » 14 Jan 2020, 5:33pm

Street furniture! Don't get me started on street furniture. Someone should report me to Prevent for the strength of my views on street furniture. Look at a photo of a street scene from a century ago – it's not the lack of traffic that makes it look calm and peaceful, it's the lack of street furniture. There's spots round here where I can stand still and count fifty pieces of street furniture, all of them ugly, intrusive, obstructive, uncoordinated and usually not quite straight. First world problem I know, but Something Must be Done!

atlas_shrugged
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Re: Crash on Cyclepath

Postby atlas_shrugged » 15 Jan 2020, 8:23am

Malicious Autocratic Design

JohnW
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Re: Crash on Cyclepath

Postby JohnW » 16 Jan 2020, 5:44pm

[quote="fullupandslowingdown"]It is curious how any obstruction on the main carriageway is totally verboten but the most heinous of obstructions are routinely planted on footpaths and cycleways as if cyclists and pedestrians don't have the same rights of free passage that car drivers expect.....................quote]
That's because the officers/engineers who specify/design/fit them are motorists, and they neither care, nor understand nor know what they're doing.