I have a very interesting article regarding cycles and the law:
Bicycles are, in law, carriages (as a consequence of the Taylor v Goodwin judgment in 1879) and should be on the highway not footpaths.
However, despite what was said above, it's confusing for cyclists and pedestrians because many local authorities allow cycle access to what look like footpaths. Pedestrians often don't know where they stand, literally.
Cycling on footpaths is bad PR for cycling but it's got to be said that the greater offence of driving on footpaths is generally ignored by society. Pavement parking is a menace yet is rarely highlighted as such by the sort of newspapers who like to rant about 'Lycra louts' cycling on pavements. Ditto for driving and parking in cycle lanes[/url].
Cycling on footways (a pavement at the side of a carriageway) is prohibited by Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888. This is punishable by a fixed penalty notice of £30 under Section 51 and Schedule 3 of the Road Traffic Offenders Act 1988.
Cyclists have no right to cycle on a footpath away from the road but only commit an offence where local by-laws or traffic regulation orders create such an offence.
Paul Kitson, partner at cyclist-friendly solicitor Russell, Jones and Walker of London says: "There may also be offences committed in relation to 'walkways' (which is a footpath under a walkway agreement) under Section 35 of the Highways Act 1980. However, the conditions on which these can be ridden is dependent on local council bye-laws, which vary from council to council."
HOWARD PEEL ADDS:
It is important to note that most legislation relating to 'cycling on footpaths' actually relates to the riding of cycles on a 'footway set aside for the use of pedestrians' which runs alongside a road. For example, the 'fixed penalties' brought in a few years ago do NOT apply to country footpaths where there is no road. Fixed penalty notices also cannot be applied to areas such as parks, shopping precincts etc. unless a byelaw has been passed making cycling such areas an offence, nor do they apply to anyone under 16. Many people (including police officers) seem to think that 'a footpath is a footpath' wherever it is and that the same laws apply. This is not the case.
The primary legislation which makes cycling on a footway an offence is section 72 of the 1835 Highways Act, this 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 extended the definition of "carriage" to include "bicycles, tricycles, velocipedes and other similar machines."
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, and that this is still the case has been ruled in the high court. The legislation makes no exceptions for small wheeled or children's cycles, so even a child riding on a footway is breaking the law. However, if they are under the age of criminal responsibility they cannot, of course, face prosecution.
On 1st August 1999, new legislation came into force to allow a fixed penalty notice to be served on anyone who is guilty of cycling on a footway. However the Home Office issued guidance on how the new legislation should be applied, indicating that they should only be used where a cyclist is riding in a manner that may endanger others. At the time Home Office Minister Paul Boateng issued a letter stating that:
"The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required."
Almost identical advice has since been issued by the Home Office with regards the use of fixed penalty notices by 'Community Support Officers' and wardens.
"CSOs and accredited persons will be accountable in the same way as police officers. They will be under the direction and control of the chief officer, supervised on a daily basis by the local community beat officer and will be subject to the same police complaints system. The Government have included provision in the Anti Social Behaviour Bill to enable CSOs and accredited persons to stop those cycling irresponsibly on the pavement in order to issue a fixed penalty notice.
