CYCLING IN EALING'S PARKS
Re ‘Rude people towards cyclists in Lammas Park’ - posted 02/11/2013. CYCLISTS HAVE NO ‘RIGHT’ TO CYCLE ON FOOTPATHS AWAY FROM THE ROAD, but only commit an offence where local by-laws or traffic regulation orders create such an offence. It is the responsibility of every cyclist to ensure that he/she can ride legitimately and safely on any paths which are not part of the public carriageway. The ONLY place cyclists have an unassailable legal right to ride is ON THE PUBLIC HIGHWAY – NOT on the pavement (footpath), unless signposted for shared use, but ON THE ROADWAY (carriageway). REF: The Official Highway Code 2007 Edition ‘Rules for Cyclists’ pages 21-26.SEE EARLIER POSTS: PAVEMENT CYCLING/IT GOES WITHOUT SAYING – 15/10/2013; PAVEMENTS ARE FOR PEDESTRIANS – 22/10/2013; PAVEMENTS ARE FOR PEDESTRIANS 2 – 26/10/2013; PAVEMENTS ARE FOR PEDESTRIANS 3 – 26/10/2013While encouraging cycling, Ealing Council fail to include in their promotional material information on where cyclists can (and cannot) legally ride so that cyclists can be sure of their ‘rights’, and so that walkers can be aware that they are expected to share space with cyclists – while emphasising that cyclists must give priority to pedestrians. Why not ask for clarification. CONTACT EALING COUNCIL:- Assistant Director of Strategic Transport Nick O’Donnell - ODonnellN@ealing.gov.uk; Cabinet Member for Transport and Environment Bassam Mahfouz - Mahfouz@ealing.gov.uk Cleveland Ward Councillors: Isobel.grant@ealing.gov.uk ; John.popham@ealing.gov.uk; Gregory.stafford@ealing.gov.ukThe following extracts from the reference websites set out the issues.https://www.gov.uk/local-government-legislation-byelaws - Cycling in parks etc is subject to by-laws made by local councils ….. under an enabling power established by an Act of Parliament. Since by-laws create criminal offences, they cannot come into effect unless they have been confirmed by a Secretary of State http://www.theguardian.com/environment/bike-blog/2011/jul/28/cycling-pavement-offence - The basic [1835 Highways Act] pavement cycling offence ….. does not apply on paths which are "away from the road" - for example in alleyways or in parks. Whether cycling is allowed is likely to depend on local considerations. In some cases there may be local by-laws prohibiting cycling - it's a good idea to watch out for these especially in parks and in pedestrianised areas.Local Government minister [Eric Pickles] announced [in July 2011] that councils no longer have to receive permission from Whitehall to remove restrictive by-laws. The initiative is part of a government effort to remove the red-tape facing many councils and to devolve decision-making to local communities. [Whether Ealing Council rescinded all its anti-cycling by-laws five years earlier in 2006, as suggested by Anne Reddy, is difficult to verify on Ealing Council’s website.]http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/ - Cyclists have no right to cycle on footpaths “away from the road” but only commit an offence where local by-laws or traffic regulation orders create such an offence. If no local by-law signage is apparent, the local authority may (or may not) explicitly allow cycling in pedestrian zones. …. cyclists must give priority to pedestrians and must take the utmost care in areas where pedestrians hold sway. According to the Department for Transport’s Code of Conduct, cyclists need to weigh up whether there’s a critical mass of pedestrians: “In pedestrianised areas, only ride your cycle if there aren’t too many pedestrians about; otherwise dismount and push it.”http://en.wikipedia.org/wiki/Towpath - Not all towpaths are suitable for use by cyclists, but where they are, and the canal is owned by British Waterways, a permit is required. There is no charge for a permit, but it acts as an opportunity to inform cyclists about safe and unsafe areas to cycle. Some areas including London are exempt from this policy, but are covered instead by the London Towpath Code of Conduct. There is also a Two Tings policy in place, requiring bikes used on a towpath to be fitted with a bell, which should be rung twice when approaching pedestrians. Parts of some towpaths have been incorporated into the National Cycle Network, and in most cases this has resulted in the surface being improved.[11]http://www.nationaltrail.co.uk/thamespath/downloads.asp?PageId=106 - The Thames Path National Trail is not a long distance route for cyclists: Most of the Thames Path is a public footpath on which cyclists have no legal right to ride unless they have permission from the landowners - cycling without permission is a trespass offence against landowners. http://www.royalparks.org.uk/about/cycling.cfm[Cycling in Royal Parks is now encouraged although in some places restricted.]
Tony Purton ● 4557d7 Comments