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Transport minister: Responsible cyclists CAN ride on the pavement

Robert Goodwill tells Stop Killing Cyclists campaigner that 1999 Home Office guidance still applies & police must use discretion

Minister for Cycling Robert Goodwill has reiterated that the official line from the Department for Transport (DfT) is that cyclists may ride on the footway – more commonly referred to as pavements – provided they do so considerately, and that police officers need to exercise discretion.

The confirmation came in an email sent to a cycle campaigner in London just two days after the Metropolitan Police confirmed nearly 1,000 cyclists had been fined for pavement cycling as part of its Operation Safeway.

In a letter emailed to Donnachadh McCarthy of the pressure group Stop Killing Cyclists, which has recently held protests outside the headquarters of Transport for London (TfL) on Southwark Bridge Road and at Vauxhall Cross, the minister said that original guidance issued by the Home Office 15 years ago when Fixed Penalty Notices (FPNs) were introduced, and repeated in 2004, was still valid.

Mr Goodwill told Mr McCarthy, who had written to his ministerial colleague at the DfT, Baroness Kramer, in December: “Thank you for bringing the issue of cycling on the pavement around dangerous junctions such as Vauxhall Cross to my attention. I agree that the police should be using discretion in enforcing this law and would support Paul Boateng’s original guidance. You may wish to write to Sir Hugh Orde, President of the Association of Chief police Officers, to bring this matter to his attention too."

That guidance from Mr Boateng, issued in 1999 said: “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.”

Stop Killing Cyclists has hailed the minister's clarification as its first major success and Mr McCarthy said: “Fining vulnerable cyclists for cycling responsibly on the pavement at extremely dangerous junctions like Vauxhall Cross, is a bedroom tax on two-wheels as there is no safe alternative for them to cycle on.”

In a press release, the group added that it "is calling for an urgent meeting with the Metropolitan Police Commissioner to discuss policing of cyclists in the capital.

Together with issues such as red light jumping, cyclists riding on the pavement is an issue that regularly sees bike riders come under criticism, and is one that is regularly highlighted at meetings between the police and local residents across the country.

While it is rare for pedestrians to be killed or seriously injured following a collision with a cyclist, occasionally cases do hit the headlines where the latter has been riding recklessly.

Last month a cyclist received a suspended prison sentence for wanton and furious driving after he collided with a teenage girl on a shared footpath on Southend-on-Sea’s promenade, leaving her with life-threatening head injuries.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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59 comments

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nordog | 1 year ago
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And an elderly pedestrian loses their balance by walking on the kerb to move out of the way of cycles after one nearly hit him or her from the other side as they walk either side of the pavement, looking at a shop window then change mind to cross the road, so keep us cyclist of the pavements full stop.

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GMBasix | 3 years ago
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oops

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JamesyBoy75 | 10 years ago
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A couple of years ago I was cycling south out of Central London in an area I did t know very well. A road that I was supposed to ride down was closed for works and, it being rush hour the diversion looked a nightmare for cyclists. I decided to take to the pavement, now the pavement was busy but I didn't get off my bike, instead I unclipped 1 pedal and began to scoot my way forward in line with the pedestrians. At the other side of the works there were 6 Police (PCSO and regular) to get cyclists. I got a FPN and absolutely no leeway at all, I wish now that I'd taken it to a magistrate.

The thing that most annoyed me was that a week earlier I had tried to stop a group of youths from cutting through bike locks near kings cross with an angle grinder, I got photos of them and threatened for my efforts. When the police arrived (1officer) I was told that I should not have put myself in danger and should have left them to it. I offered the photos and said I would testify if they found the youths (I'm sure they would have been local), one officer was put on the case and he never returned my calls. It's easy to get a sense that the police are at war with cyclists in my opinion.

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FluffyKittenofT... | 10 years ago
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@oozaveared

I'm not 100% white as it happens, but I don't want to give the wrong impression - I've been searched twice and stopped and questioned more than half a dozen times over a couple of decades. And I reckon its simply the neighbourhood plus the fact that I don't drive and before taking to a bike would be out walking _a lot_, in areas that I guess have drug and street crime "issues". I just often seem to 'match the description' of some miscreant involved in an 'incident'.

I do know that black guys I have known would get stopped much more often.

Now I come to think of it, I've yet to be stopped on the bike, even during that victim-blaming crackdown recently.

I don't particularly dislike the police. There are plenty of countries where they are far, far worse. I just don't expect them all to be entirely unprejudiced or honest, and as they have power I'd rather avoid giving them any cause to bother me, if possible. Hence I stay off the pavement.

Plus pavement racers annoy me and I don't want to be a hypocrite.

Oh yeah - one odd thing about being questioned - cops often seem to be weirdly suspicious at the notion that someone would walk several miles rather than drive or wait hours for buses.

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Lungsofa74yearold | 10 years ago
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I love the sheer arbitaryness in all this - one week riding on a particular pavement is an offence leading to risk of FPN. Next week, someone from council has come along and painted half of it a different color (no doubt to meet their quota) and suddenly its a cycle path which you are now supposed to use. Nothing's changed, risks to pedestrians are still same etc - just a coat of paint and an arbitrary decision. Ridiculous. (Apologies if someone's made same point - too many comments on here to go through them all at this time of night).  40

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PhilRuss | 10 years ago
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[[[[[ I imagine many drivers would be well chuffed to see more cyclists off the roads and competing with pedestrians on the pavements....they think it's where we belong. Well, it ain't, and I ain't going to do it! I'm a legitimate vehicle, and I belong on the highway, and motorists better get used to the idea. Ding-ding!
P.R.

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No Sweat | 10 years ago
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In our (so called) democracy, how can anybody (minister or not, allegedly speaking on behalf of a government department or not) proclaim that a statute law should be disregarded? If the law states that riding a bike on the footway is illegal (as in all circumstances it should be in my opinion) then that is the legal position, until parliament votes to repeal the act.
Or am I missing something?

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Guyz2010 | 10 years ago
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Point made relating to age oozaveared I suppose my short description didn't portray the full scenario. Guess it's best left as it is in reality....at the discretion of the Police. Any discerning cyclist would stay off the footway anyway.
I have on occasions hopped on the footway for say 20m to go by refuse collection trucks.
Can't say I've seen many old ladies on shopping bikes in Devon....far too hilly.  103

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Stumps | 10 years ago
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Another cop out by a govt minister "lets pass the buck to someone else" !

Leaving it to an officers discretion is no answer as everyone's view of an incident is different and one person's idea of safe cycling is another's dangerous.

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Critchio replied to Stumps | 10 years ago
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stumps wrote:

Another cop out by a govt minister "lets pass the buck to someone else" !

Leaving it to an officers discretion is no answer as everyone's view of an incident is different and one person's idea of safe cycling is another's dangerous.

Ignore this, my smartphone lost its intelligence briefly and fecked up

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Kapelmuur | 10 years ago
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One time as a a law abiding teenager in the late 1950's I got off my bike to push it the 'wrong way' along a one way street in Shrewsbury. (Town Walls for those who know the town). Almost at the end of the street I was stopped by a policeman who told me to get on the bike and ride off the 'right way'.

When I protested he informed my that a bicycle was a road vehicle and could not be propelled the wrong way on a one way street any more that a car of bus could.

So my entirely subjective opinion is that cyclists are sympathetically treated by police these days.

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northstar replied to Kapelmuur | 10 years ago
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^ There's always one...

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grOg replied to Kapelmuur | 3 years ago
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There is a front pedestrian entry into my workplace but I'm not allowed to use the walkway to walk in with my bicycle; my bicycle is allowed inside the building but I must use the inconvenient roller door entry at the rear.

So this attitude that bicycles when being walked are still a vehicle persists.

 

 

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Guyz2010 | 10 years ago
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Pretty much the same as it is now then.
My rule should I ever become a law upholder/minister is children acceptable to ride on a footway to say age 14, adults wearing 'Lycra' stay on the road.
Don't take the Lycra bit seriously some of you (you know the over opinionated ones).
Motorist should stay off the footways too unless of course your really need to park on a footway then it's perfectly acceptable to block the way through cos of course, plod will alway turn a blind eye as it stops cyclist riding on the path.
Sarcasm!

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oozaveared replied to Guyz2010 | 10 years ago
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Guyz2010 wrote:

Pretty much the same as it is now then.
My rule should I ever become a law upholder/minister is children acceptable to ride on a footway to say age 14, adults wearing 'Lycra' stay on the road.
Don't take the Lycra bit seriously some of you (you know the over opinionated ones).
Motorist should stay off the footways too unless of course your really need to park on a footway then it's perfectly acceptable to block the way through cos of course, plod will alway turn a blind eye as it stops cyclist riding on the path.
Sarcasm!

So little old lady weighing 45kg sedately riding her shopping bike along a pavement at 5mph to avoid the traffic is not acceptable. But a 14 year old youth maybe weighing twice as much full of piss and vinegar and riding at quite a clip is fine?

I know people don't like uncertainty but sometimes common sense applies to these things. You know what's unacceptable, dangerous, irresponsible when you see it. Dangerous/ irresponsible use of pavements depends on a mixture of where, when, speed, space, presence of others and above all attitude.

When I was a kid probably about 9 or 10 riding home from the park at dusk one evening no lights etc a copper actually told me to ride on the pavement but not too fast. It was a sensible bit of policing.

Less age definitions and caveats, and rules is rules, and distrust of authority and more common sense is what we need.

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userfriendly | 10 years ago
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userfriendly][quote=arfa wrote:

...

*Someone* forgot an opening QUOTE tag ...  45

I know, this won't bug anyone but me  26 ... Do feel free to ignore this completely OT post, its sole purpose is to fix the comment markup.

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Matt eaton | 10 years ago
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This all seems like a deliberate distraction from the real issues that cyclists and pedestrians face. The realisation has struck that the task of actually providing good quality infrastructure for peds, cyclists and motors is one of such enormity that the best option (for politicians and lawmakers) is just to ignore it.

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FluffyKittenofT... | 10 years ago
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On a related note, what's the law relating to cycling on pavements where half of the pavement has been officially allocated for parking bays? As cars drive along it to park, surely it must be legal to cycle along it?

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jollygoodvelo | 10 years ago
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Worth knowing these powers:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

If, for the sake of argument, you refuse to comply with a request for details for the FPN, they can 'detain' you until a constable arrives (max 30 minutes). So, check your watch when being stopped. Because you'd stop... of course...

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Gottdammerung | 10 years ago
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Well this is interesting...

I live in Tottenham and I have to quickly go on the pavement for about 30 seconds or so in order to get from the main road onto the back streets behind my house..

If I don't.. then I've got another mile and a half up past Tottenham town hall and then round the gyratory and onto Broad Lane... which quite frankly I'd do anything to avoid given that the traffic there is generally mental and there's about half a dozen splits in the road as well, which are both confusing and often lead to you being in the middle of three lanes of traffic..

However, I have had the odd pedestrian shout comments about being on the pavement when making my short incursion on it.. Despite the fact I'm riding a Pashley in 1st or 2nd gear and going so slow that I'm actually slower than the pedestrians...

How that's a danger to anyone is quite beyond me and the slight inconvenience I may cause given the size of the bike is preferable to dicing with death on a daily basis!

Glad to see there's some sense being spouted by the govt on this for once! I may well shout back that it's legal, next time I'm harangued!

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mrmo replied to Gottdammerung | 10 years ago
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Gottdammerung wrote:

However, I have had the odd pedestrian shout comments about being on the pavement when making my short incursion on it.. Despite the fact I'm riding a Pashley in 1st or 2nd gear and going so slow that I'm actually slower than the pedestrians...

Problem in the UK is that there are a lot of people who aren't interested in the intent of the law, simply the word. So a law banning cycling on the pavement make perfect sense, but it needs to be tempered to be used only against those who are causing danger. As per the home office guidance.

I guess it doesn't help that the Police are set targets to fine!

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mrmo replied to Gottdammerung | 10 years ago
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Gottdammerung wrote:

However, I have had the odd pedestrian shout comments about being on the pavement when making my short incursion on it.. Despite the fact I'm riding a Pashley in 1st or 2nd gear and going so slow that I'm actually slower than the pedestrians...

Problem in the UK is that there are a lot of people who aren't interested in the intent of the law, simply the word. So a law banning cycling on the pavement make perfect sense, but it needs to be tempered to be used only against those who are causing danger. As per the home office guidance.

I guess it doesn't help that the Police are set targets to fine!

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pauldmorgan replied to Gottdammerung | 10 years ago
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Gottdammerung wrote:

Well this is interesting...

I live in Tottenham and I have to quickly go on the pavement for about 30 seconds or so in order to get from the main road onto the back streets behind my house..

How much longer would it take you to walk that section?

I have a similar need to go against the flow in my neighbourhood (just down the road from you) - I get off and push and then get back on again.

It takes me an extra 30 seconds.

I get very angry with people who don't do this and endanger my children when walking to school etc.

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OldRidgeback replied to pauldmorgan | 10 years ago
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Pauldmorgan wrote:
Gottdammerung wrote:

Well this is interesting...

I live in Tottenham and I have to quickly go on the pavement for about 30 seconds or so in order to get from the main road onto the back streets behind my house..

How much longer would it take you to walk that section?

I have a similar need to go against the flow in my neighbourhood (just down the road from you) - I get off and push and then get back on again.

It takes me an extra 30 seconds.

I get very angry with people who don't do this and endanger my children when walking to school etc.

Statistically your children are at far, far greater risk from an out of control motor vehicle leaving the roadway and mounting the pavement. The numbers of people killed or seriously injured by such incidents in the UK are rather large. The numbers of people seriously injured by pavement riding cyclists each year can be counted on your fingers. I get a lot of road safety statistics across my desk at work. You really should direct your anger towards bad driving.

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pauldmorgan replied to Gottdammerung | 10 years ago
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Gottdammerung wrote:

Well this is interesting...

I live in Tottenham and I have to quickly go on the pavement for about 30 seconds or so in order to get from the main road onto the back streets behind my house..

How much longer would it take you to walk that section?

I have a similar need to go against the flow in my neighbourhood (just down the road from you) - I get off and push and then get back on again.

It takes me an extra 30 seconds.

I get very angry with people who don't do this and endanger my children when walking to school etc.

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arfa | 10 years ago
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I think it was 28 quid at the time and versus the uncertainty/hassle/time factor I just paid as I suspect many others do.
My issue is that with more ambiguous guidance, pedestrians, cyclists and PCSO's have not got a clue and the potential for conflict is increased. If the Minister wishes to allow discretion, he should offer more specific guidance as to how it might be exercised.

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MrGear | 10 years ago
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There is a horrible junction on my commute, where the pavement has been designated a shared-use path. http://goo.gl/maps/QAdWL

However, I'd rather chance it on the road with the lorries and buses than get abused by pedestrians who think I am illegally riding on the pavement. Every time I have tried to use the pavement, I have been shouted at, and then re-joining the road further on is made difficult. You're better off staying on the road and asserting your position in the lane.

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700c | 10 years ago
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Agree, relying on a PC's discretion is totally unsatisfactory. You just won't know where you stand re FPN's since discretion is completely subjective.

Reasons for cycling on the pavement- I can only think of one, and that's if you are a young child, vulnerable adult, or accompanying one -and almost certainly cycling slowly so present less of a risk.

The 'avoiding busy/dangerous junctions' argument is totally spurious. Its ONE JUNCTION. WALK YOUR BIKE!!

Also feel that this deflects from the issue of dangerous junctions and lack of cycling infrastructure in the first place..

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FluffyKittenofT... | 10 years ago
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I don't really like this 'discretion' thing. Seems as if it leaves you at the mercy of the prejudices of whatever cop you happen to encounter. Seems to make it as much about luck as justice.

_So many times_ I've had an aggressive hoodie-wearing young bloke come zooming along a narrow or crowded pavement, either straight at me head-on or whizzing past me from behind (and it always seems to happen when I'm pushing my bike along the pavement like a good boy, having had to dismount for some reason or other - and always at places where I regularly cycle _in the road_). Nothing ever gets done about those guys.

Yet I remain convinced that if I ever get off of a nasty road onto a totally deserted pavement in the early hours of the morning _that's_ when some cop (whose wife ran off with a lycra-wearing road-biker, leaving him with a lifelong hatred of anyone on two-wheels!) will magically appear from nowhere!

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oozaveared replied to FluffyKittenofTindalos | 10 years ago
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FluffyKittenofTindalos wrote:

I don't really like this 'discretion' thing. Seems as if it leaves you at the mercy of the prejudices of whatever cop you happen to encounter. Seems to make it as much about luck as justice.

Yet I remain convinced that if I ever get off of a nasty road onto a totally deserted pavement in the early hours of the morning _that's_ when some cop (whose wife ran off with a lycra-wearing road-biker, leaving him with a lifelong hatred of anyone on two-wheels!) will magically appear from nowhere!

Well discretion is better than no discretion don't you think. No discretion given to the officer means that no matter how responsible you were, no matter how reasonable he thought your actions were, no matter how dangerous your alternatives looked, he would have to issue you with a ticket.

You should see discretion not as arbitrariness but the opportunity given to an officer to be be a reasonable person despite the official rules. In other words the law says it's an offence and you are due a ticket. He can decide to let you off. All you'd be removing by removing discretion is his ability to let you off.

"These rules are for the guidance of wise men and the strict obedience only of fools." That's a quote from Douglas Bader. It was inserted in my copy of the Queens Regulations when handed to me.

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