A Cycling & bikes forum. CycleBanter.com

Go Back   Home » CycleBanter.com forum » rec.bicycles » Unicycling
Site Map Home Register Authors List Search Today's Posts Mark Forums Read Web Partners

Fixed Penalty Charge - for unicycling



 
 
Thread Tools Display Modes
  #1  
Old June 8th 07, 10:04 AM posted to rec.sport.unicycling
semach.the.monkey
external usenet poster
 
Posts: 820
Default Fixed Penalty Charge - for unicycling


Well, after riding several hundreds of miles through London in the last
2 years, I guess it was bound to happen sooner or later. But today I
received a fixed penalty notice by the City Of London Police for
cycling on a footpath.

Now, I know that none of you are UK lawyers (or if you are, I’m not
expecting legal representation), but I’d like to know what the legal
standpoint is with unicycles on the pavement in England. I’ve used the
search facility, but haven’t come up with anything more than vague
rumour, speculation or feelings. Does anyone know where I could
actually look up what the law is regarding this, or how I would go
about finding out?

Just for the record, I was on my N36, and I ride that on the road or
cycle paths for around 99% of my journey. The place where I got pulled
up was approaching some traffic lights where nearly all the vehicles
waiting had left a reasonable space for me to ride up to the lights,
except for one van that was millimetres from the kerb. There was an
easy way up on to the path, and I was on it for around 5 – 10 meters.
But the copper was lurking just around the corner, on the last day of a
one week ‘stinger’ operation to catch red light jumpers, pavement
cyclists, people with their MP3 players too loud, and other such
hardened criminals. It seems like he was running short of his quota
for the week.

The officer recorded the vehicle as a “Nimbus Unicycle” (after I
corrected him for calling it a Nimbus Bicycle). If it did go to court,
and I was to turn up with my 20” Nimbus, and explain that I play hockey
on it, and am probably more manoeuvrable than most pedestrians, do you
think that the judge would see that in my favour? Or would they find
CCTV footage, realise it’s not the same, and get me in more trouble?

I know it’s only a £30 fine, but one of the main reasons I ride to work
each day is to avoid the £25 per week that the underground would cost.
So, one mornings ride will cost me 6 days worth of travel.

STM – in a very bad mood today


--
semach.the.monkey
------------------------------------------------------------------------
semach.the.monkey's Profile: http://www.unicyclist.com/profile/12078
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
Ads
  #2  
Old June 8th 07, 10:08 AM posted to rec.sport.unicycling
mill_mobile
external usenet poster
 
Posts: 348
Default Fixed Penalty Charge - for unicycling


Sorry, i know nothing about the laws over there, but do they penalise
skateboarders for skating on the footpath?


--
mill_mobile
------------------------------------------------------------------------
mill_mobile's Profile: http://www.unicyclist.com/profile/14584
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #3  
Old June 8th 07, 10:20 AM posted to rec.sport.unicycling
domesticated ape
external usenet poster
 
Posts: 180
Default Fixed Penalty Charge - for unicycling


Boo that sucks!

For what I can recall from previous threads I think that unicycles are
considered the same as bikes under UK law and are therefore technically
illegal to ride on the pavement. Sounds like you were just unlucky in
meeting a cop at the wrong time.

Wheter it's illegal or not, lying in court about what unicycle you were
riding would be pretty sketchy, especially if you were under oath!


--
domesticated ape
------------------------------------------------------------------------
domesticated ape's Profile: http://www.unicyclist.com/profile/8599
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #4  
Old June 8th 07, 10:25 AM posted to rec.sport.unicycling
jmando
external usenet poster
 
Posts: 49
Default Fixed Penalty Charge - for unicycling


Woo! 25 pounds a week for the underground? That is seriously steep!

Sorry to hear about your fine. I bet you could successfully fight it,
especially if your infraction was caused by a motorist not giving you
enough room on the road.


--
jmando

Cpt: what do you run on, Rockette Morton?
Rockette: I run on beans...I run on laser beans.
------------------------------------------------------------------------
jmando's Profile: http://www.unicyclist.com/profile/14821
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #5  
Old June 8th 07, 10:50 AM posted to rec.sport.unicycling
sp4rky-m4rky
external usenet poster
 
Posts: 765
Default Fixed Penalty Charge - for unicycling


If you just say you play hocky on a unicycle and they are amazingly
manoverable and do not mention anything about the different sizes of
wheel unless there are people who unicycle there (which I very much
dobt there will be) no one would know beter. It wouldnt be lying, just
witholding the truth.


--
sp4rky-m4rky

you may be lucky but you make your own luck

*)--360--O* The Unispin Elite

)---'O, Crankflip
my 'video' (http://youtube.com/watch?v=yuOL9aOUKP4)
learning 180 or 360 unispins? watch my 'video tutorial'
(http://youtube.com/watch?v=gFCHDO1umlM)
------------------------------------------------------------------------
sp4rky-m4rky's Profile: http://www.unicyclist.com/profile/14270
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #6  
Old June 8th 07, 11:01 AM posted to rec.sport.unicycling
rob.northcott
external usenet poster
 
Posts: 707
Default Fixed Penalty Charge - for unicycling


Bummer. I doubt you'll be able to get out of it though - AFAIK all
cycles are treated the same whether tri-, bi- or uni-, so riding on the
pavement is illegal. Actually being prosecuted for it seems a bit mean
though - you'd think a warning would be sufficient. Perhaps the plod
are down on their figures this month or something.

My route to work involves a short bit of footpath (only about 50 yards
or so) and I always feel slightly guilty riding on it. I tend to slow
right down to walking speed and get off if there are pedestrians who
look like they'd be intimidated, and generally behave in a ridiculously
responsible manner, but technically it's illegal. I think you were
just unlucky and came across PC Pedant (assuming you weren't riding
like a lunatic of course )

Rob


--
rob.northcott

'Dartmoor Muni Weekend 2007'
(http://www.unicyclist.com/forums/showthread.php?t=57785) Date now
confirmed as 21st-22nd July. It'll be dry, I promise
------------------------------------------------------------------------
rob.northcott's Profile: http://www.unicyclist.com/profile/7436
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #7  
Old June 8th 07, 11:18 AM posted to rec.sport.unicycling
keg
external usenet poster
 
Posts: 129
Default Fixed Penalty Charge - for unicycling


rob.northcott wrote:


My route to work involves a short bit of footpath (only about 50 yards
or so) and I always feel slightly guilty riding on it. I tend to slow
right down to walking speed and get off if there are pedestrians who
look like they'd be intimidated, and generally behave in a ridiculously
responsible manner, but technically it's illegal. I think you were
just unlucky and came across PC Pedant (assuming you weren't riding
like a lunatic of course )

Rob




Around here some footpaths have been converted to 'dual use' with the
aid of a few signs/paint, no safer than before. However these pavements
are very different from Central London, where bikes are always cutting
me up.

I occasionally take the 36" onto pavements, but only if the kids are
tired and riding at walking pace or late at night on country roads when
there are boy racers passing. If I was stopped I would definitely start
a polite discussion.

As far as the law is concerned I found a 2002 Statuary Instrument:

http://www.opsi.gov.uk/SI/si2002/20023113.htm

"pedal cycle" means a unicycle, bicycle, tricycle, or cycle having four
or more wheels, not being in any case mechanically propelled unless it
is an electrically assisted pedal cycle of such class as is to be
treated as not being a motor vehicle for the purposes of the 1984
Act[17];

As we don't want to be banned from road riding it does make it hard to
argue that we should be allowed on the pavement, although common sense
should prevail e.g. 20" wheels. Taking it further street entertainment
on a giraffe would technically fail RTA regulations

Keith


--
keg
------------------------------------------------------------------------
keg's Profile: http://www.unicyclist.com/profile/212
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #8  
Old June 8th 07, 11:23 AM posted to rec.sport.unicycling
sp4rky-m4rky
external usenet poster
 
Posts: 765
Default Fixed Penalty Charge - for unicycling


I have cycled down the high street a few times and I cycled through a
shopping centre. The shopping centre security caught me in the end, he
just said to not do it again.


--
sp4rky-m4rky

you may be lucky but you make your own luck

*)--360--O* The Unispin Elite

)---'O, Crankflip
my 'video' (http://youtube.com/watch?v=yuOL9aOUKP4)
learning 180 or 360 unispins? watch my 'video tutorial'
(http://youtube.com/watch?v=gFCHDO1umlM)
------------------------------------------------------------------------
sp4rky-m4rky's Profile: http://www.unicyclist.com/profile/14270
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #9  
Old June 8th 07, 01:21 PM posted to rec.sport.unicycling
mattsmith
external usenet poster
 
Posts: 43
Default Fixed Penalty Charge - for unicycling


I haven't had a good look at the applicability of that 2002 regulation
(yet), but it's important to note that most acts and regulations will
refer to "cycles" as having the same meaning as The Road Traffic Act
1988.
That meaning can be found at
'Road Traffic Act 1988 (c. 52)' (http://tinyurl.com/r69x8)
192 (General interpretation of Act.)


..."cycle" means a bicycle, a tricycle, or a cycle having four or more
wheels, not being in any case a motor vehicle,



Unicycle being absent.

You're probably going to be concerned with The Fixed Penalty Offences
Order 1999, s3(2)(b)
(b) cycling on the footway contrary to section 72 of the Highways Act
1835 shall be fixed penalty offences for the purposes of Part III of
the 1988 Act.

In any case, I think you'd be doing the unicyclists of the UK a great
service in seeking professional legal counsel and arguing the case. If
you can't get legal aid I'm sure there's plenty would be willing to
help fund you and settle the issue.


--
mattsmith
------------------------------------------------------------------------
mattsmith's Profile: http://www.unicyclist.com/profile/14586
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
  #10  
Old June 8th 07, 01:27 PM posted to rec.sport.unicycling
rob.northcott
external usenet poster
 
Posts: 707
Default Fixed Penalty Charge - for unicycling


I think it's dodgy ground campaigning for unicycles to be treated
differently from bicycles. Like Keg said, we'll end up with it being
illegal to unicycle on the road if we're not careful.

Rob


--
rob.northcott

'Dartmoor Muni Weekend 2007'
(http://www.unicyclist.com/forums/showthread.php?t=57785) Date now
confirmed as 21st-22nd July. It'll be dry, I promise
------------------------------------------------------------------------
rob.northcott's Profile: http://www.unicyclist.com/profile/7436
View this thread: http://www.unicyclist.com/thread/61524


Posted Via Usenet.com Premium Usenet Newsgroup Services
----------------------------------------------------------
** SPEED ** RETENTION ** COMPLETION ** ANONYMITY **
----------------------------------------------------------
http://www.usenet.com
 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
penalty befitting crime? Scott Gordo Mountain Biking 1 December 2nd 05 12:15 AM
Death Penalty for Bike Thieves ! The Nottingham Duck UK 20 August 1st 05 12:00 AM
Irration, outsize doping penalty Sandy Racing 31 March 3rd 05 07:46 PM
Cycling Fixed Penalty Notices JohnB UK 41 December 9th 04 06:41 PM


All times are GMT +1. The time now is 01:01 PM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Copyright ©2004-2017 CycleBanter.com.
The comments are property of their posters.