PAVEMENTS ARE FOR PEDESTRIANS - 2
PAVEMENTS ARE FOR PEDESTRIANS – 2DON’T JUST REPLY TO THIS POST – WRITE TO THE RESPONSIBLE AUTHORITIESThe four recent postings on pavement cycling seem to have attracted the usual hate-mail from cyclists claiming that everybody else is worse than they are so why pick on them. Some 17 individuals have registered 118 posts so far. 5 of the posters seem to be against pavement cycling. The rest make the usual excuses for it and (t)witter on about irrelevant issues. What I hope to do is encourage PEDESTRIANS to have their say by writing to the responsible authorities (listed below), as I have done, to press those authorities to enforce the long-standing law against pavement cycling. All the authorities agree that pavement cycling is illegal (see below) but do little to enforce the law. Cleveland Ward councillor John Popham has recently admitted to one correspondent (not me) that “cycling on the pavement….. is definitely getting worse.”In Bristol a campaign group has made a stand against pavement cycling following evidence videoed by pensioners – see http://road.cc/content/news/67162-pensioners-who-videoed-pavement-cyclists-bristol-are-now-campaigning-more-cycle. David Willingham, who represents Bishopston has asked new police commissioner Sue Mountstevens to crack down on the 'anti-social' antics of riders.If the government is encouraging people to walk more, they will do so on the pavements. If the government realises its stated aim to increase cycle use in the UK to 5 times its present volume over the next 12 years (from 2% of journeys in 2011 to 10% of all journeys in 2025) then the danger/nuisance of pavement cycling we experience today will soon increase beyond any tolerable bounds on more crowded pavements.Safety for cyclists on the roads is a matter for all road users (including cyclists) to resolve between them. The pavements are not a refuge for any of them. A default 20mph urban speed limit would reduce the speed differential between motor vehicles and cyclists. If cyclists want to be separated from motor vehicles they should lobby for exclusive cycle lanes. For Phillipa Bond - Re SIGNS: a clearly intelligible NO PAVEMENT CYCLING sign is simple and cheap to produce and display. Take the ubiquitous NO SMOKING sign, a red circle with a backward red slash across it, and put a bicycle in the middle in place of the smoking cigarette – and there you have it. Embossed with the Met Police and Ealing Council logos and bearing reference to Section 72 of the 1835 Highways Act and Rule 64 of the Highway Code, such signs could be printed on self-adhesive A4 labels (6 or 8 to a page) and stuck on lamp-posts throughout the Borough. I have submitted such a design to both the Met Police and Ealing Council. The reaction of Ealing Council’s cycling guru Nick O’Donnell was: “we do not believe that the erection of what would have to be a mass of signs across the Borough on this matter is really (a) good spend of taxpayers money (b) in line with our policies on reducing street clutter and (c) likely to actively deter this activity to justify the spend”. Ealing Council has bid for £38.5 million of London Mayor Boris’s £100 million fund to improve facilities for cyclists. A few £ thousands spent on self-adhesive labels to protect pedestrians would hardly be missed, but the NO CYCLING signs would encourage pedestrians to exert their right in law to cycle-free pavements.Here are some of the official statements I have collected from the highest levels of the “responsible authorities” in the course of pursuing this issue. PARLIAMENTThere appears to be a lack of understanding amongst the public and some police about the legal requirements for cyclists, including, for example, whether it is illegal to cycle on a pavement. The Department confirmed that it was illegal and undertook to consult its police liaison officer about how it might draw this to the attention of police forces across the country.Enforcing cycling offences was typically not high on the agenda of most police forces due to competing demands on their time. Public Accounts Committee: Report on Cycling, October 2009MINISTERS“..cycling on the pavement ….. is an offence. Enforcement is a matter for the police.” Mike Penning, Transport Minister: letter Ref.MC/344 59 22 March 2012“Rule 64 of the Highway Code clearly states that you MUST NOT cycle on the pavement. The Code is essential reading for road users” Norman Baker, Transport Minister: Written PQ answer 353 DfT Ref.39439 10/12 17 April 2012“The way the police enforce the law ….. are matters for their professional judgement and discretion” Nick Herbert, Home Office Minister: Written PQ answer [103300] 19 April 2012METROPOLITAN POLICE“The impact and hazards caused by cycling on the pavement is [also] punishable by way of fixed penalty notice and we issued over 6,150 tickets for this offence last year.” Commander Adrian Hanstock Met Police: letter 14 May 2012“… there are no specific advisory campaigns advising the general public about cycling on the pavement” Commander Adrian Hanstock Met Police: e-mail 20 May 2012 Police National Legal Database and DfT Police Liaison Newsletter September 2009Section 72 of the Highways Act 1835 provides an offence of riding or driving on the footpath. It states: 72. 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, cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway or tether any horse, ass, mule, swine or cattle on any highway so as to suffer or permit the tethered animal to be thereon.Offence Wording: On **(..SPECIFY DATE..) at **(..SPECIFY TOWNSHIP..) wilfully rode a pedal cycle upon a footpath or causeway by the side of a road, namely **(..SPECIFY ROAD AND LOCATION..), made or set apart for the use or accommodation of foot passengersNOTES:(i) A footpath is part of a highway, if it is beside a road.(ii) The section only extends to the wilful obstructions specified.(iii) Proceeding may be instituted by anyone and is not confined exclusively to the Highway Authority.(iv) "Wilful" under this section means "purposely“The legislation makes no exceptions for small wheeled or children’s cycles. However, if any rider is under the age of criminal responsibility (10) they will not be guilty of the offence.Section 72 applies to the driving of 'a carriage of any description', which includes bicycles, tricycles , motor vehicles and trailers, as well as to certain animals.Local bye-laws may apply in relation to cycling in pedestrian precincts.EALING COUNCIL“I agree that adults cycling on pavements is not appropriate and illegal and as has been repeatedly explained to you something we are working on discouraging”. Nick O’Donnell Assistant Director Strategic Transport, London Borough of Ealing“cycling on the pavement….. is definitely getting worse.” CLEVELAND WARD COUNCILLOR John Popham HOW MUCH DOES A MOVING CYCLIST WEIGH?Any moving body has an energy potential far greater that it’s standing weight – known as Kinetic Energy. It is measured by the formula ½MV² where M=weight and V=speed.It is well understood that a 1 ton vehicle (a typical saloon car) traveling at 30mph has a Kinetic Energy potential of 450 tons, which is why it is almost certain to kill any pedestrian it hits at that speed. A cyclist traveling at 10mph will ‘weigh’ 50 times his own weight. At 15mph he will ‘weigh’ 112 times his own weight. That energy potential in collision with a pedestrian can do a great deal of damage, not to mention the ‘trauma’ of such a collision especially for the vulnerable elderly or infirm. A rugby full back blocking an attacking forward in full flight probably experiences the sort of collision that an unsuspecting pedestrian might suffer from a collision with a 10mph cyclist. PROTECTIVE CLOTHINGCyclists tend to wear helmets and some protective clothing in case they fall off their bikes. Pedestrians do not dress to protect themselves from collision with cyclists or any other vehicles. They rely simply on avoiding them. THE RESPONSIBLE AUTHORITIESEaling’s Community Police Team mailto: James.Ayling@met.police.uk Tel: 020 8246 9406 Met Police HQ: Commander Adrian Hanstock head of the Met Police Safer Transport Command mailto: Adrian.Hanstock@met.police.uk Tel: 020 3054 0293 London Cycling Commissioner Andrew Gilligan [mailto: andrew.gilligan@london.gov.uk], responsible for implementing London Mayor Boris Johnson’s ‘Vision for Cycling in London’ London Assembly: Ealing and Hillingdon member Dr Onkar Sahota mailto: onkar.sahota@london.gov.uk Tel: 020 7983 6558 Ealing Council: Assistant Director of Strategic Transport Nick O’Donnell mailto: ODonnellN@ealing.gov.uk Tel: 020 8825 8078 Ealing Council Cabinet: Member for Transport and Environment Councillor Bassam Mahfouz is mailto: Mahfouz@ealing.gov.uk Tel: 07949 104 656Ealing Ward Councillors:Councillor Isobel Grant Isobel.grant@ealing.gov.uk Councillor John Popham John.popham@ealing.gov.uk Councillor Greg Stafford Gregory.stafford@ealing.gov.ukEaling Conservative Action TeamRosa Popham rpopham@btinternet.com Ian Proud ianproud@ip-associates.demon.co.uk
Tony Purton ● 4540d8 Comments