PAVEMENTS ARE FOR PEDESTRIANS – 11
“I can see Pavements are for pedestrians - Part 11 coming shortly”; Nigel Brooks post 14/02/14 18:18:00WARNING – SOME OF THE INFORMATION BELOW COULD CAUSE DISTRESS TO OVER-SENSITIVE READERS!“YOU ARE FREE NOT TO READ THE THREAD AND NOT TO COMMENT”; Phillipa Bond post 07/03/14 08:51:00 STALEMATE? The lively discussion on this topic which has been raging for the last two months seems to have dried up. Is it due to Lenten observance, or have the ‘opinion formers’ who seem to dominate the pages of the ‘ealingtoday’ Forum finally run out of RED HERRING arguments to offer? Too much ‘free speech’ can, it seems, lead to verbal indigestion!Prompted by the 170-odd collective ‘musings’ on this topic I refer readers to the DfT’s guidance for Town Planners “LTN 2/04 - Adjacent and Shared Use Facilities for Pedestrians and Cyclists” which provides authoritative answers to some of the rare ‘on topic’ points made ‘in debate’. See http://www.ukroads.org/webfiles/LTN%202-04%20Adjacent%20and%20Shared%20Use%20Facilities%20for%20Pedestrians%20and%20Cyclists.pdfIT OFFERS THE FOLLOWING GEMS:STATEMENTS OF THE OBVIOUS: 3.1.1.Schemes that involve adjacent or shared use of space between pedestrians and cyclists may be contentious, particularly when the scheme introduces cyclists into areas previously reserved solely for pedestrians. 3.2.3 IT IS IMPORTANT TO RECOGNISE THAT PEDESTRIANS AND CYCLISTS ARE NOT HOMOGENEOUS GROUPS AND THEIR NEEDS VARY CONSIDERABLY. SHARED USE FOOTPATHS ARE A MEASURE OF LAST RESORT: 3.1.2.The process can be summarised thus: identify the need for a cycle route within a particular corridor; check for possible on-carriageway solutions; IF AN ON-CARRIAGEWAY SOLUTION CANNOT BE ACHIEVED conduct a site assessment to determine whether adjacent or shared use is feasible; and if it is feasible, determine what form the facility should take. If not, CHECK AGAIN FOR ON-CARRIAGEWAY SOLUTIONS or alternative alignments. Ultimately, RETAINING THE CURRENT ARRANGEMENT MAY BE THE PREFERRED COURSE OF ACTION. 3.4.1 It should not automatically be assumed that cyclists can be better served off the carriageway because an improved on-carriageway solution is not available. 5.2.5.If it is decided to abandon the proposal, THE SEARCH FOR AN ON-CARRIAGEWAY SOLUTION MAY BEGIN AGAIN.ILLEGAL FOOTPATH CYCLING MAY BE AN INDICATION OR THE NEED FOR AN ON-CARRIAGEWAY ROUTE: 4.3.10 Illegal cycling on the footpath or footway is recorded. This can indicate both a problem and a desire line to be addressed. If cyclists take to the footway only occasionally, this may indicate that on-road measures to assist cyclists at those locations are more suitable than an adjacent or shared use route.SAFETY INCLUDES PERCEIVED SAFETY: 4.5.3. Any notable changes to conditions for pedestrians should be noted. In most cases, journey times will be unaffected and in a facility with sufficient width, the safety and comfort will also be unaffected. SAFETY IN THIS CONTEXT SHOULD INCLUDE CHANGES TO PERCEIVED SAFETY. CONSULTATION IS A MUST: 5.1.1. A thorough consultation process should be applied no matter what legal process is being used to create the cycle track. Before recommending the detailed design of an adjacent or shared facility, it is essential to seek the views of user groups and others likely to have an interest. LEGAL: 10.1.1. Where the need for cyclists to use existing footways or footpaths has been identified at a specification, their right to be there must be established by changing the legal status of the footway or footpath to that of a cycle track. A SHARED FOOTPATH REMAINS A FOOTPATH IN LAW: 10.1.2. ……… Where the facility is an adjacent use one - the remainder is a footway or footpath. IT IS ILLEGAL FOR A CYCLIST TO RIDE ON THE PEDESTRIAN SIDE. [See also Highway Code rule 62 ] 6.1.5 …….. PEDESTRIANS CAN LEGALLY USE A CYCLE TRACK BUT CYCLISTS ARE NOT ALLOWED TO RIDE ON THE PEDESTRIAN SIDE. POLICE TO ENFORCE: 10.2.1 A considerable amount of public concern is generated by cyclists misusing footways and footpaths, particularly where badly planned or designed facilities encourage such behaviour. 10.2.2 Cycling on the footway in England and Wales is an offence under Section 72 of the Highways Act1835 as amended by Section 85Å1Ç of the Local Government Act 1888. 10.2.3.Enforcement is a matter for the Police. INVALID CARRIAGES CAN USE THE PAVEMENTS: 10.3.3. An invalid carriage can be used on footways, footpaths, bridleways or pedestrianised areas providing that it is used in accordance with the prescribed requirements. Invalid carriages have no specific right to use a cycle track but users commit no offence in doing so, unless an order or local bye-law exists creating one.ALSO:EALING’S BY-LAWS GOVERNING CYCLING IN THE BOROUGH’S PARKS can be found at: http://www.ealing.gov.uk/downloads/download/713/parks_and_open_spaces_by-laws Para (1)(11) says: “No person shall, without reasonable excuse, ride a cycle, except in any part of the ground where there is a right of way for cycles, or along such routes as may be fixed by the Council and indicated by signs placed in conspicuous positions in the ground.”AND:EALING’S ‘MINI HOLLAND’ PROGRAMME: Ealing Council is bidding to create a MINI HOLLAND for cyclists within the borough – see http://www.ealing.gov.uk/downloads/download/2548/mini_holland_cycle_bidFINALLY:Last Monday BBC2’s ‘Top Gear’ team presented their own ideas on improving road cycling safety to Westminster Council – available on i-Player.KEEP DEATH OFF THE ROADS BY ALL MEANS, BUT DON’T BRING IT ONTO THE PAVEMENTS. CHECKMATE!COMPLAINTS about the content of the above documents should be addressed to:DfT minister Robert Goodwill – re “LTN 2/04 - Adjacent and Shared Use Facilities for Pedestrians and Cyclists”Councillor Bassam Mahfouz (bassam.mahfouz@ealing.gov.uk) , Ealing Council Cabinet Member for Transport and the Environment: re EALING’S BY-LAWS GOVERNING CYCLING IN THE BOROUGH’S PARKSJulian Bell (julian.bell@ealing.gov.uk) Leader Ealing Council: re EALING’S ‘MINI HOLLAND’ PROGRAMMEhttp://www.bbc.co.uk/complaints/: re Top Gear’s programme Monday 24 February
Tony Purton ● 4406d18 Comments