alistairolsen
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| posted on 3/6/09 at 09:58 AM |
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Any legal brains?
1) is it illegal to ride a bicycle on the pavement in scotland?
2) Do the police have an expemption to this in normal duty (not in pursuit)
Anyone deal with this stuff and know chapter and verse?
Cheers
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blakep82
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| posted on 3/6/09 at 10:00 AM |
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i don't think its illegal. loads of people seem to do it all the time in greenock. never seen anyone get in trouble for it. if anything, i say
keep them on the pavements anyway
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omega0684
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| posted on 3/6/09 at 10:01 AM |
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have a read through this article
linky
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alistairolsen
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| posted on 3/6/09 at 10:13 AM |
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found that just after posting. As I thought, it IS illegal on what we conventionally describe as pavements.
That only leaves the question of whether police are expemt....
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blakep82
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| posted on 3/6/09 at 10:14 AM |
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quote:
Originally posted by omega0684
have a read through this article
linky
i had a look through that, and the thing with it is, scottish law is usually diiferent to english law, and if it doesn't specify, it usually
doesn't apply to scotland
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Mr Whippy
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| posted on 3/6/09 at 10:14 AM |
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would you want an 8-year old wobbling along the road or on the pavement?
(I was behind this wee girl on a pink bike who looked like she’d barely ridden one before on a 30mph road. She never even noticed me on the motorbike,
I see folk doing over 40mph on that road quite regularly. Someone’s going to kill a kid one day  )
I use both for the push bikes depending on the conditions but don't go fast unless on the road. I've had a few glares from the police in
the past but who cares. As long as you're not being dangerous to pedestrians it’s no problem.
Folk who get off their bike and walk through traffic lights seem to really pi££ car drivers off  but I don’t think that’s illegal. I’ll have to try
that some day with the motorbike 
[Edited on 3/6/09 by Mr Whippy]
Fame is when your old car is plastered all over the internet
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blakep82
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| posted on 3/6/09 at 10:15 AM |
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quote:
Originally posted by alistairolsen
found that just after posting. As I thought, it IS illegal on what we conventionally describe as pavements.
That only leaves the question of whether police are expemt....
did something happen? did you nearly get knocked down by one on the pavement? might be worth popping into the police station and asking them the
general question
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eznfrank
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| posted on 3/6/09 at 10:18 AM |
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I can't answer your question, however, I can tell you what happened to my Grandad when he objected to someone riding on the pavement and took
the law into his own hands>>
Linky
He claims that he put his hands on her handlebars and stopped her and told her off, she claim he threw her into the road. Obviously I wasn't
there so I couldn't say what happened but he's a frail old man nowadays although in the past he was known for putting people in their
place from time to time.
Sadly between the incident and the court case he was diagnosed with Alzheimers although this wasn't taken into account.
On a related note, when I was around 9 or 10 I would quite happily cycle around 8 miles there and back to my Grandma's house past a few motorway
junctions and along A roads, and when I was 11 I cycled for 3 weeks round the highlands of Scotland, all on the road. But nowadays I'd be much
more wary on the very same roads, too many nutters around!!
[Edited on 3/6/09 by eznfrank]
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alistairolsen
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| posted on 3/6/09 at 10:19 AM |
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yes, I nearly got taken out by a cycle patrol on a busy pavement at 10am. After a recent court case where they lied their way into a conviction I dont
have a *lot* of time for our constabulary and the only reason I didnt give the guy an earbashing was not knowing 100%.
I know whats sensible, and tbh Id do it myself if I was with kids or whatever, but theres a BIG difference between a wee kid being shepherded along
the pavement and two uniformed officers coming out of greggs and then using the pavement like they own it!
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brianthemagical
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| posted on 3/6/09 at 11:20 AM |
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Not 100%, but i think there's a wheel size cause somewhere, i think it's 26" (so i get away with it), thus allowing youngsters and
smaller bikes on pavements.
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Mr Whippy
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| posted on 3/6/09 at 11:28 AM |
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Legislation on pavement cyclingSection 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 ". Section 85 of the Local Government Act 1888 extends the definition
of "carriage" to include "bicycles, tricycles, velocipedes and other similar machines".
Note: The object of Section 72 Highways Act 1835 was intended not to protect all footpaths, but only footpaths or causeways by the side of a road.
On 1st August 1999, new legislation came into force to allow a £20 fixed penalty notice (FPN) to be served on anyone who is cycling on the pavement.
The new regulation clears up an anomaly where only some police forces could issue FPNs because pavement cycling was defined as an offence under a
local by-law. Offenders will not face on-the-spot fines; they will have 28 days to pay.
Fame is when your old car is plastered all over the internet
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alistairolsen
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| posted on 3/6/09 at 12:07 PM |
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I guess it comes down to interpretation whether the police could claim that cycling on the pavement serves a policing purpose (one which they could
not carry out by keeping to the pavements.)
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RK
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| posted on 3/6/09 at 12:18 PM |
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It's all a bit of a world wide conspiracy by the car makers to keep bikes off pavement or the road. That said, the cyclist is supposed to have
the same rights as a car in our country, and often he is dead right with his interpretation of the law.
An ex policeman told me that one yesterday. I thought it quite suitable.
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craig1410
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| posted on 3/6/09 at 12:21 PM |
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What annoys me more than this is when police motorcycle riders insist on riding side by side down the main roads. Perhaps this isn't illegal but
I would think it should be and you never very often see other road users doing this...
They've been watching too many old episodes or CHiPs if you ask me...
Cheers,
Craig.
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mistergrumpy
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| posted on 3/6/09 at 12:50 PM |
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It is illegal to ride a bicycle on pavements and at least here in Manchester carries a £30 fine.
No, police are not exempt but I'd guess they could argue around it if it was for a legitimate cause i.e. chasing someone or approaching to help
someone.
Not sure on Scotland, as Blake said they generally have slightly differing rules.
I was once given an ear bashing from someone for pushing my bike on the pavement!
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andyd
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| posted on 3/6/09 at 01:00 PM |
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I believe that it has been said/written somewhere that Police officers are upholders of the law and not above it. Therefore as it is an offence to
cycle on pavements, they essentially are breaking the law.
This is why armed officers have to go through hell whenever they pull the trigger and can be convicted of unlawful killing i.e. the hoohah surrounding
the shooting of Jean Charles de Menezes.
*However*, most likely outcome is that those upholders of our countries laws get away with a great deal more than the non-upholders
would/could/should.
After all the law is an ass in some respects.
Andy
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Mr Whippy
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| posted on 3/6/09 at 01:57 PM |
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quote:
Originally posted by mistergrumpy
I was once given an ear bashing from someone for pushing my bike on the pavement!
I was under the impression that it is not an offence. As all the law stuff I've read refers to the bike being ridden. Surely that person
misinterpreted the rules?
Certainly it is common practice up here to push non road legal offroad motorbikes home and is the only legal way to do so. I’ve never heard of a
requirement that it needs to be pushed home on the road.
[Edited on 3/6/09 by Mr Whippy]
Fame is when your old car is plastered all over the internet
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scootz
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| posted on 3/6/09 at 02:09 PM |
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1) Yes, it is an offence to cycle on a pavement in Scotland, but it is rarely enforced (usually only after a collision between pedestrian and cyclist
takes place, or someone is cycling like a complete numpty).
2) A police officer may cycle on a pavement ONLY if it is necessary to do so in the execution of their duty. This could include taking a short-cut to
reach an incident, pursuing an offender, or carrying out a patrol through a city-park.
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designer
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| posted on 3/6/09 at 04:35 PM |
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It's illegal to ride a bike on the pavement.
Just that nobody bothers!!
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mistergrumpy
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| posted on 3/6/09 at 04:41 PM |
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You're right Whippy. It's not an offence to push a bike on the pavement. It was just another one of the locals shooting past in a car and
trying their luck! 100 yard hero!
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