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Fixed Penalty Charge - for unicycling



 
 
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  #11  
Old June 8th 07, 01:48 PM posted to rec.sport.unicycling
martin.phillips
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Default Fixed Penalty Charge - for unicycling


I have a vague memory from Charlie Dauncey's book (lent to a colleague
18 months ago and yet to be returned) that an interpetation of advice
in the Highways Code could be that unicyclists are pedestrians. This
related to the seeming paradox that unicycles strictly aren't allowed
on bridle paths but are on footpaths.

Anyway, the plod was clearly being a plonker. Good luck if you appeal!


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  #12  
Old June 8th 07, 01:59 PM posted to rec.sport.unicycling
joemarshall
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Default Fixed Penalty Charge - for unicycling


In this case, you weren't able to pass a car on the left, which is
pretty common in London. There are two correct things to do in this
case, either stop and wait behind that car, or go through the traffic
and pass the car on the right. Often in a jam it's best to pass the
cars on the right anyway, as then you don't have to worry about them
pulling left into you without checking their mirrors (drivers usually
check mirrors when turning right, cos they might hit another car).

But yeah, you know what the right thing is to do, you chose to take a
risk and do the wrong thing, and were unlucky enough to get caught, so
really you should pay up.

It's a coker after all, even for a unicyclist, having a coker riding at
you is pretty intimidating, for a typical pedestrian, having a coker
rider coming towards you with a 4 foot tall uncontrollable machine
beneath them is gonna be pretty intimidating.

The only thing you could possibly achieve by arguing it in court would
be to get unicycles classed as not being a cycle, meaning that riding
it on the road would be obstruction, and you'd have to get out of the
way of cars all the time, same as rollerbladers etc. are supposed to,
which could basically destroy cokering in this country. Which would be
a bummer. You'd also risk it going the other way and being an expensive
waste of time for you (although it'd be great news for all the other
unicyclists out there if we were classified as bikes).

Joe


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  #13  
Old June 8th 07, 02:23 PM posted to rec.sport.unicycling
semach.the.monkey
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Default Fixed Penalty Charge - for unicycling


Well, I've done a bit of digging, and, it looks like there might be 2
possible 'get outs'.

According to this page;
http://www.bikeforall.net/content/cy...nd_the_law.php




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."




although it would probably be reasonable to assume that a unicycle
would be classed as -similar -to a bicycle.

A letter from the Home Office Minister states, however;



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.




I think it should be safe to assume that I was riding responsibly and
considerately.

I know what the "correct" thing to do was, and I do often overtake
traffic on the right if the route through on the left is blocked,
although in this situation, I considered it, but due to bollards at the
front by the traffic lights, I didn't think I would be able to safely
get through. I can't idle on my coker, sadly, so the only other option
would have been to dismount. My mounting skills on the 36" wheel
aren't that great either

I appreciate that from some view points, it would be nice to have
things legally defined as to what we can do, but at the same time we
don't want things legally defined as to what we cannot do. I'll try to
seek a bit more advice over the weekend, and will keep you guys
updated.

STM


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  #14  
Old June 8th 07, 05:27 PM posted to rec.sport.unicycling
DarkTom
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Default Fixed Penalty Charge - for unicycling


That sucks, man.

I remember reading about how uni's are classed as bikes (the whole
'pedal-cycle' thing) and how that meant we are allowed to ride on the
road.

Me and Pebbles once got stopped by cops for riding on the pavement.
They told us to ride on the road or push them. It was really busy
pedestrian-wise tho, so fair enough we thought.

I guess that means you shoiuldn't have been on the pavement, but that
"-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-." should be a reasonable argument.

It's a sticky one. I'd probably just pay it. And then frame the
ticket!


T.


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  #15  
Old June 8th 07, 06:04 PM posted to rec.sport.unicycling
johnfoss
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Default Fixed Penalty Charge - for unicycling


semach.the.monkey wrote:
"...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."

"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."


If you choose to go to court, you could use those two quotes (with the
proper references of course) as ammunition. Your argument should be
that you were the "responsible" cyclist who only used the pavement to
go around a single, stationary vehicle to put you in a safer, more
visible spot while waiting for the signal to change. This makes it a
judgement the court can then render, without challenging existing laws.
Remember the above argument assumes guilt on your part, but with what
would seem to be a reasonable explanation. This is much more likely to
work.

I agree with others to try to argue that you should be allowed to use
the pavement risks *disallowing* you and all other UK unicyclists from
using the roadways. Bad idea. If we can't handle living under the same
rules as bicyclists, especially on 36" wheels, we should join with them
to change legislation, not try to carve out our own.

BTW, if you do go to court, by no means should you try to mislead the
court as to what you were riding. If you bring a 20" you will somehow
be implying that a 20" wheel should be okay but that a 36" should not.
Is that your intended message? Better to bring *no* unicycle and let
the court use their imagination as to wheel size.



I know what the "correct" thing to do was, and I do often overtake
traffic on the right if the route through on the left is blocked,
although in this situation, I considered it, but due to bollards at the
front by the traffic lights, I didn't think I would be able to safely
get through.


That would be a good, honest explanation to accompany the above.



I can't idle on my coker, sadly, so the only other option would have
been to dismount. My mounting skills on the 36" wheel aren't that
great either


By no means should anyone be idling a 36" wheel at a crowded
intersection. Do you see cars going back and forth while they wait?
Sometimes people will ride their clutches and roll forward and back,
usually a few inches, but that's generally considered bad practice (as
well as bad for the clutch). If you need to stop, stop. Sometimes I
hold a light pole, but if there's nothing there I simply dismount.

Can't mount reliably? I wouldn't mention that in court either. Work on
those mounts! It takes a while, but with practice you should be able to
do 10 out of 10. For me it's not so much about the mount, but the first
few revolutions afterward. I'm adjusting my feet on the pedals and my
crotch on the seat, so I always start off a little slow. This should
not be a problem as long as you can do it in a straight line. Does a
motorcyclist have to put his feet down at intersections? Same idea. He
shouldn't be trying to do a track stand or riding in circles either.



I appreciate that from some view points, it would be nice to have things
legally defined as to what we can do...


In most cases they are. You're a bike. UK law seems to be a bit more
specific, but from what I've read it seems that generally you're still
a bike. Being a bike is good. That means the law protects you, and you
have rights. At least where I live, where the tendency would be to
apply laws for bicycles, especially in the case of a 36" wheel moving
fast.


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  #16  
Old June 8th 07, 06:05 PM posted to rec.sport.unicycling
rab2009
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Default Fixed Penalty Charge - for unicycling


i would say fight it. but don't use the unicycle is not a bike thing use
"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." and i think u could get out of it. Here in
michigan a bike is dfined as having 2 or 3 wheels under the michigan
vehicle code.


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  #17  
Old June 8th 07, 06:13 PM posted to rec.sport.unicycling
pkplonker
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Default Fixed Penalty Charge - for unicycling


From what I have read a cycle is:

"A bike, trike or four or more wheeled vehicle that is by no means
motorized."

Recalled to the best I can remember


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  #18  
Old June 8th 07, 06:39 PM posted to rec.sport.unicycling
thejdw
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Default Fixed Penalty Charge - for unicycling


well how many people were hospilised as a result of your ridding?, were
you ridding a bike?, were you in anyway causing pain or problems for
other people?


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  #19  
Old June 8th 07, 07:20 PM posted to rec.sport.unicycling
kington99
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Default Fixed Penalty Charge - for unicycling


thejdw wrote:
well how many people were hospilised as a result of your ridding?, were
you ridding a bike?, were you in anyway causing pain or problems for
other people?




I could drive down a deserted motorway at 150mph blind drunk without
doing any of those things, doesn't mean i shouldn't be punished.


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  #20  
Old June 8th 07, 07:43 PM posted to rec.sport.unicycling
thejdw
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Default Fixed Penalty Charge - for unicycling


kington99 wrote:
I could drive down a deserted motorway at 150mph blind drunk without
doing any of those things, doesn't mean i shouldn't be punished.



thats a fair point, what do you suggest?


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dunawan wrote:
why are koxx one unicycles so costly???
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They are expensive because they use only the finest soft drink cans.





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