"Using a barrier"

[dmini]

Does anyone have access to a legal definition of using a barrier? Does it include going along a path, which could have been blocked by the barrier, but wasn't because the barrier was "locked up". I ask because one came down without warning on my son's head & broke!. By locked up I mean been up + static for the past 30+ seconds when in view, no car in front gone through etc. It just came down without any warning! Insurers say this constitutes use of barrier, whcih they advise against. My personal view is that "use" constitutes using a swipe card, etc to pass through the barrier, causing the barrier to move out of one's way. However, I could do with a better definition, if anyone can help - esp a proper "legal" one".

[gar]

This was on a bicycle?

[dmini]

Yes. We were cycling along the road, and then through the entrance of a council car park into a park. As we went through the car park entrance the barrier, without warning started to come down, and hit my son on the head. Thankfully he was wearing a helmet!

[Mrs Tortoise]

These things can be triggered by wheels passing over the pressure pads. I remember triggering one, pushing my son in buggy, going back to a car park. I don't think they usually react to pedestrians, just wheels- however small or light. So it probably 'saw' you as trying to enter the car park and challenged you for elegibility. I your son was hurt, threaten to sue and kick up stink in the local paper, then they might do something about it.

[dmini]

Exits are open from the park, sensor based - entry is card based. The scary part is we cycled the same route this morning, barrier "locked up" again, and it suddenly came down without warning in front of us - we had time to stop with no issues - some reason we are really wary. BUT, behind us was a car, who had slowed up - we were blocking his way. If we hadn't, the barrier would have come down on him! The cars just go through if the barrier is locked up - they don't stop or anything! So I reckon we probably saved the driver from injury!
We had to buy a new helmet - we broke a steel barrier on it! - but I also want the coucil to make the barrier safer for all users - including the cars, so if they don't move I want to go to the newspapers, but I don't want to look stupid. Hence the question of what constitiutes "Use of the barrier" - I reckon deliberate interaction with it.

[gar]

Try and do a potted version of this comersation for the rag and they will probably publish it for you.

If you don't like "feeling silly" then forget about the press and public. That is their way. You have to have a thick skin!

[andrew_s]

There was a case a few years ago where this happened to someone on the Severn Bridge cycle track, killing him.
The barriers have since been replaced with a half-width gate to keep out vehicles.

[Jake]

Try writing to your local Councellor; the Director of Parks and Leisure (or whatever); and the Council's Safety Department.

You could also try asking for all information there is on the barrier include specifically a request for the arrangements for ensuring it is safe, details of how it is controlled, whether there have been any previous reported accidents, when it was last inspected, what the arrangements are for ensuring it's safety (and anything else you think is relevant). Make it clear in your letter that you are making the request under the Freedom of Information Act. They are abliged to provide the information in 20 days.

[troywinters]

if you're not supposed to be there you cant really complain. that route is for cars to the carpark not for cyclists to the park.

[Jon]

If it is anything like my local park the only access for cyclists is through the car park. Otherwise they would have to cycle on the pavement.