Re: Southend-on-Sea's new cycle path: dangerous design?
Posted: 10 Apr 2010, 8:30pm
From what I can see, the actual speed limit has not been reduced, so anybody who drives uncalmed, so speak, is unaffected. They tend to be the drivers causing most concern but they are "perfectly" legal.... It should also be noted that vehicles are now moving through the area at reduced speeds as the recent changes have brought in a natural traffic calming effect as a by-product of the scheme.
Note cunobelin's comment above. No doubt some offenders will get a ticket but it's likely that complaints about individual examples of poor parking will be referred to the police - or rather the complainant will be - and the police will, in turn say that parking has been decriminalised.... . Our parking enforcement service will be advised that vehicles which park outside the bay will be issued with Parking Charge Notices (PCN), as a deterrent. ... Once the scheme is formally opened, the parking regulations will be enforced.
The yellow line waiting restrictions apply to the back of footway, therefore any vehicles parking on the cycle track or the promenade may receive a PCN.
This seems either disingenuous or badly informed. It does not recognise a distinction between loading etc and waiting ie parking. The white van in the u-tube clip looked either to be delivering to the premises or was possibly involved with maintenance etc. Yellow lines, even double yellow lines do not prohibit such use, and, as I've posted before, case law tends to support drivers who use the footway in such circumstances, rather than physically obstruct a narrow road. (The important bit is unnecessary in unnecessary obstruction. It's pretty much accepted that if something big or in large quantity is being shifted by vehicle, then any obstruction is likely to be "necessary."
It is very unusual for a TRO to ban pedestrians and I doubt that has happened here (although it would be necessary to check the specific regulation to be sure.) Although it is an offence to cycle without due care and attention, there is no specific offence of careless walking. (Civil law does require everybody to be careful, which is not quite what's being implied here.) I think the general experience - and it's certainly mine - is that pedestrians treat cycle tracks as part of the footway. I've no idea what it's like there in Summer, but if it's throng with holidaymakers, a cycle track will just be extra walkng room.There will be marking on the cycle track, which will clearly identify it as a two-way cycle track, not for pedestrian use. Pedestrians currently cross the road between the parking area and the Esplanade. All road users, including cyclists and pedestrians are required to exercise due care and attention to themselves and other road users. In reality most pedestrians will probably wait until cyclists have passed, before crossing.
Those are places where there is a greater presumed liability of blame in a collision between a motor vehicle and a vulnerable road user.The approach that we have adopted in the design of this cycle route is similar in many ways to two-way and contra-flow cycle lanes in towns and cities across Europe (e.g. Copenhagen and Stockholm), where the only delineation between motorists and cyclists is a standard kerb.