Public Footpaths - cycling?

[Mick F]

Did you give them any links or even pointers to where they should research this?

A couple of young lads, yes.
I said, "Read the Highway Code".
I didn't want to say, "Read the Highways Act of 18something as amended by 19something."

The two chaps I saw today, I was rather angry at.
Hurtling along the river (foot)path.
Big sign out on the main road that says something like, NO UNAUTHORISED VEHICLES. FOOTPATH ONLY.
It's in this hazel tree ........... that's no longer there. Streetview is dated 2016.
Full view now, but not then.

https://www.google.co.uk/maps/@50.52857 ... 312!8i6656

At the other end, there's a Public Footpath sign in full view .................but not with Google Streetview from 2009.
https://www.google.co.uk/maps/@50.51599 ... 312!8i6656

[Mick F]

Section 72 of the Highways Act 1835 provides that a person shall be guilty of an offence if he :

"shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers … or shall wilfully lead or drive any … carriage of any description … upon any such footpath or causeway ".

[thirdcrank]

That's exactly the point, explained specifically by Pete Owens above.

This is a topic which has arisen frequently on here over the years, especially since PCSOs were empowered to issue fixed penalty notices for that s 72 offence and with neither proper training or the benefit of reading this forum adopted a "common sense" interpretation of the law.

Here's a clueless posse from the Metropolitan Police

viewtopic.php?p=493543#p493543

[reohn2]

I ride on some footpaths but I always stop and give way to pedestrians/ramblers,who I rarely have a problem.
Ironically the most trouble I've had from walkers/ramblers is on bridleways and towpaths,either by them being obtuse about my presence or on a couple of occasions refusing to move so I can pass,which has been very rare.
I make no apologies for my trespass but can understand some resistance especially if walkers/ramblers have had bad experiences with idiot MTBers and there are some idiots about.

There are laws for dropping litter but many walkers/ramblers do,and with devastating effect if some of the moors I ride on are anything to go by,which have been on fire again recently.

[Mick F]

I read it that it is illegal ................. to ride on any footpath ............ or causeway by the side of the road.

[thirdcrank]

In general, it is a criminal offence to ride on a footpath alongside a carriageway. As noted by Pete Owens above, in modern parlance a footpath alongside a carriageway is termed a footway, but s 72 applies. The most obvious and signed exceptions are where the highway authority has designated the footway or part of it as available for use by cyclists.

I've not really looked at your links above, but it seems that your free legal advice was dished out to riders on a signed public footpath ie where s 72 does not apply, the clue being it's not alongside a carriageway.

[Mick F]

Section 72 is poorly punctuated perhaps?
Comma missing?
Or am I being pedantic?

It says you are guilty of an offence if you ride on any footpath or causeway by the side of the road.
I think they actually meant, that you are guilty of an offence if you ride on any footpath, or causeway by the side of the road.

[thirdcrank]

My advice would be to stop digging.

[Mick F]

Thanks TC!

The sign at the main road end says something to the effect as No Unauthorised Vehicles.

Vehicle as stated by OED is
noun
a thing used for transporting people or goods, especially on land ........

Bicycle is
noun
a vehicle consisting of two wheels held in a frame one behind the other ........

Therefore a bicycle is a vehicle ........................ and not authorised to go on the river path irrespective of the Public Footpath laws.

Correct or not?
I'm off to bed soon.
Early to bed and early to rise, makes a man healthy wealthy ....................... and wise?

[mjr]

I'd be much more cross about the hurtling than the footpath, to be honest. Reckless riding is illegal even where cycling is legal.

[slowster]

I think they actually meant, that you are guilty of an offence if you ride on any footpath, or causeway by the side of the road.

The subsequent text in that Section which makes it an offence also to lead animals 'upon any such footpath or causeway' makes it clear that the whole Section only applies to footpaths by the side of the road. The word 'such' indicates that it is footpaths of the type referred to previously, i.e. footpaths by the side of the road. If it applied to all footpaths, that subsequent text would instead be 'upon any footpath or such causeway' (meaning all footpaths and any causeway by the side of the road).

If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;

[Labrat]

Section 72 is poorly punctuated perhaps?
Comma missing?
Or am I being pedantic?

It says you are guilty of an offence if you ride on any footpath or causeway by the side of the road.
I think they actually meant, that you are guilty of an offence if you ride on any footpath, or causeway by the side of the road.

“I think they actually meant”

Well, you know what thought did...

Here’s a simple piece of advice. Stop talking sphericals about a subject of which you clearly know nothing.

ICO you really want to know more, I suggest you go away and read Lords Hansard debates on the passage of the Coumtrysdie Bill, 20th May 1968, confirming categorically that at the time o& extending cycling to all bridleways, the government, and parliament, understood that many public footpaths carried a right to ride a bicycle on them. And as such deliberately decided not to outlaw it.

[reohn2]

I'd be much more cross about the hurtling than the footpath, to be honest. Reckless riding is illegal even where cycling is legal.

Agreed,and it's that understandably,that angers people out for a walk.
I generally find if I'm courteous stop and wish them good day people are the same in return.

[PH]

and wise?

Here's the Cycling UK take on it, and the bit that might make you a bit wiser, though you've chosen to ignore it so far

This would be a civil matter between the owner and the cyclist and nobody else would be concerned – for example, members of the public who dislike people cycling on footpaths would have no role.

https://www.cyclinguk.org/article/campa ... h-trespass

[Pete Owens]

I read it that it is illegal ................. to ride on any footpath ............ or causeway by the side of the road.

Highlighted the bit you seem to have missed.