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Huge fine for cyclist caught 'speeding' in Richmond Park

Questionable whether speed limits in London’s Royal Parks actually apply to cyclists

A cyclist was fined £200 after being clocked by a speed gun at 38mph while riding in Richmond Park. This is despite the fact that a Royal Parks spokesman has previous said that speed limits in the places it manages don't apply to cyclists.

Paul Harness was riding down Sawyers Hill on January 11 when he was stopped by a police officer who had been parked behind a tree with a speed gun.

Harness says he was charged with speeding and driving without due care on a bicycle. When he subsequently appeared at Lavender Hill Magistrates on October 10, he was fined £200 for each offence, plus £200 court cost and a £20 victim surcharge.

Harness told road.cc that he pleaded not guilty in the belief that the speed gun was not designed to work on cyclists and that he did not by law need a speed measuring device on his bike.

“I thought the whole affair was a waste of time and money and the policeman was way over the top and the judge would think the whole thing ridiculous. There were crimes going on all around Richmond that day and this fella was hiding behind a tree with a speed gun and I was having a Sunday cycle going down Sawyers Hill.”

As we reported in 2013, there is a large degree of doubt about whether speeding restrictions in London’s Royal Parks actually apply to cyclists. At the time, we concluded that that anyone issued a fine for doing so might have grounds for challenging it.

Indeed in 2014, Royal Parks told Radio 2 presenter Jeremy Vine that there is no speed limit for cyclists in Hyde Park and, by extension, any of the other 10 parks or open spaces it manages in London. However, none of this seems to have prevented cyclists from being charged.

In March, Rory Palmer was fined for riding his bike at 41mph in Richmond Park on January 2 – again on Sawyers Hill. After pleading guilty to breaking the park’s speed limit of 20mph, magistrates fined him £65 plus a £20 surcharge and he was also ordered to pay prosecution costs of £65.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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PaulBox replied to Batchy | 8 years ago
0 likes

And now this comes down to whether or not the fella can afford to take this further, very sad.

Batchy wrote:

Was he actually pedaling ? If he was freewheeling when clocked then the charges are null and void ! ? 

Does this really make a difference? There's a descent near me on an A road in a 30mph limit. You peak at about 44-45mph as you pass a speed camera, but (I'm) always freewheeling at that point.

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brooksby | 8 years ago
1 like

How do I know how fast I'm going?

Bicycles don't have speedometers, and I don't use a newfangled cycling computer, so how do I know how fast I'm travelling?  If I go down a hill in a 20mph limit zone, how could I know how fast I'm travelling without doing some pretty amazing counting-and-mental-arithmetic (wheel circumference, revolutions per minute, that sort of thing)?

And if I can have no idea how fast I'm travelling, how logical is it to then fine me for speeding???

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cat1commuter | 8 years ago
2 likes

UK's top cyling lawyer offers to take it further on a "no win, no fee" basis:

https://twitter.com/MartinPorter6/status/659332774583795712

Can we link them up?

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ex_terra | 8 years ago
2 likes

There seem to be quite a few issues with this prosecution, the biggest of which appears to be a failure in the judgement of "hard pressed" police who are apparently battling cuts but still have time to hide behind trees catching speeding cyclists.

As to the specifics of the case:

1. It seems unclear if the device the police were using to catch the speeding cyclist was actually tested or validated for the way it was being used. 

2. As the cyclist could have entered by a gate rather than the main entrances (which do have 20 mph signs) the prosecution would need to prove the cyclist had actually seen a sign

3. The regulations in vehicle speed apply to vehicles, not bikes

My biggest problem though is that there seem to be no shortage of police hiding behind trees or sitting in their cars for long periods in the coffee areas away from the main "loop" round Richmond Park.

Perhaps police time might be better spent dealing with the persistent and very obvious use of mobile phones by drivers in the park for calls whilst driving, or texting / facebooking  - when cycling loops of the park it's amazing how many drivers are looking down to the right of their steering wheel, presumably fiddling with their phones rather than looking at the road.

To date there haven't been any instances of cyclists causing death or serious injury to drivers or the deer in the park but not only is the converse true for drivers, the police don't seem at all interested in doing anything about it.

It's the tendency of the police to focus on silly "distractions" like this one rather than the very real threats to lives and animals caused by driver inattention that contributes to a sense they are not fit for purpose or able to exercise any common sense.

 

 

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Batchy | 8 years ago
1 like

Like I've already said, if the Cyclist was not pedalling and he was not furious he was not breaking the law. The law specifically says " pedalling furiously ". The law is obviously an ass in this case.

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bikebot replied to Batchy | 8 years ago
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Batchy wrote:

Like I've already said, if the Cyclist was not pedalling and he was not furious he was not breaking the law. The law specifically says " pedalling furiously ". The law is obviously an ass in this case.

Never assume common meaning = legal meaning.  Furious pedalling is just the title, what it specifically means will be defined in its associated statutes and by case law.

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jollygoodvelo replied to brooksby | 8 years ago
0 likes

brooksby wrote:

How do I know how fast I'm going?

Bicycles don't have speedometers, and I don't use a newfangled cycling computer, so how do I know how fast I'm travelling?  If I go down a hill in a 20mph limit zone, how could I know how fast I'm travelling without doing some pretty amazing counting-and-mental-arithmetic (wheel circumference, revolutions per minute, that sort of thing)?

And if I can have no idea how fast I'm travelling, how logical is it to then fine me for speeding???

Taking an unrelated situation as an example: it is illegal to import various wild animals to the UK.  Unaware of this restriction, you might buy such an animal while abroad, put in in your suitcase, and bring it home.  It's still illegal to import the animal, and you are responsible for checking that you are acting within the law.  If you're not sure, then you can avoid breaking the law by not importing the animal.

 

Now let's assume, for the sake of argument, that "cycling over 20mph is illegal".  In that case, cycling over 20mph is illegal whether or not you know you are doing so.  You are responsible for ensuring that you are within the law and you must take reasonable care that you comply with the law - for example, by fitting and using a speed measuring device, or simply by riding very slowly.

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ironmancole | 8 years ago
1 like

In principle I dont object IF  the roads were policed as effectively focusing on the real perpetrators of road violence...which is motorised traffic.

The law demonstrates on a sickingly daily basis that anything caused by a car is merely 'an accident' ergo no one is really to blame and it is wholly unavoidable. It is thinking at its most primitive level and it costs lives.

Further, the fine for this supposed crime is entirely out of proportion given a motorist causing the death of an innocent can expect to pay less!

MPs and the whole judiciary have blood on their hands and should be thoroughly ashamed, its a national disgrace.

     
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HandyAndy247 | 8 years ago
0 likes

Best of luck trying to inforce this!

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Rs2000 | 8 years ago
1 like

But what was the actual speed involved? The radar gun would have picked the highest speed found which would have been the spokes at the top of the front wheel. These would be doing twice the speed of the bike, 19 mph sounds are more reasonable speed.

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brooksby replied to jollygoodvelo | 8 years ago
1 like

Gizmo_ wrote:

Now let's assume, for the sake of argument, that "cycling over 20mph is illegal".  In that case, cycling over 20mph is illegal whether or not you know you are doing so.  You are responsible for ensuring that you are within the law and you must take reasonable care that you comply with the law - for example, by fitting and using a speed measuring device, or simply by riding very slowly.

I totally understand your "wild animals import" analogy.  However - should I ride more slowly than I'd like (or that feels appropriate for the conditions), just in case I'm speeding?  Not sure the motorists behind me will like that, but OK... 

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alexwlondon | 8 years ago
0 likes

[double post]

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Super Domestique replied to alexwlondon | 8 years ago
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alexwlondon wrote:

Not almost. There are no pedestrians. Pedestrians walk by the path next to the road which in this case is quite far away. 38mph sounds like a lot on a bike, but it's quite easy to pick up speed there as it's a very long straight. There are virtually no bends; so it would feel quite safe. 

I cycle there every week. However, like I think most people, I cycle anticlockwise so have no problem there (but do have to watch their speed at Broomfield Hill where a cyclist crashed and died last year). The cyclst in question must have been cycling clockwise. Looking at the speed they come down, I think, everyone both cars and bikes travel faster than 20mph.

The park is not very safe during the weekends. Many drivers drive aggressively tailgating cars and bikes (the Park's road is narrow) and overtake at over 20mph, sometimes in front of police cars. I've never seen a policeman take any action. The police cars are normally parked by the cafes presumably checking that no car crime takes place there.

Like many others I'd expect the Police to act to reduce the danger to others rather than to focus on someone who at most is putting his own life a little bit in danger.

I totally get this^

I try and avoid RP at the weekends for the reasons you state.

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alexwlondon | 8 years ago
2 likes

Not almost. There are no pedestrians. Pedestrians walk by the path next to the road which in this case is quite far away. 38mph sounds like a lot on a bike, but it's quite easy to pick up speed there as it's a very long straight. There are virtually no bends; so it would feel quite safe. 

I cycle there every week. However, like I think most people, I cycle anticlockwise so have no problem on that stretch (but do have to watch their speed at Broomfield Hill where a cyclist crashed and died last year). The cyclst in question must have been cycling clockwise. Seeing them as they come down, I think everyone, both cars and bikes, travels faster than 20mph.

The park is not very safe during the weekends. Many drivers drive aggressively tailgating cars and bikes (the Park's road is narrow) and overtake at over 20mph, sometimes in front of police cars. I've never seen a policeman take any action. The police cars are normally parked by the cafes presumably checking that no car crime takes place there.

Like many others I'd expect the Police to act to reduce the danger to others rather than to focus on someone who, at most, is putting his own life a little bit in danger.

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thereverent | 8 years ago
1 like

I think the badly worded amendment to the Royal Park regulations probably mean the speed limits don't apply for cycles. He has a point about the speed gun accuracy as well.

But a bit of common sense would have avoided this. The bottom of Sawyers hill is one of only two places the Parks Police do speed checks (the other being by Ham cross), and it's a reasonably straight road so he should have been able to see the Police vehicle (the trees aren't that wide). The Police are only there during busier times, when doing 38mph down Sawyers probably isn't that great an idea.

The driving without due care on a bicycle might be harder to argue, espically if he was overtaking traffic.

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thereverent replied to bikebot | 8 years ago
1 like

bikebot wrote:

Richmond Park had cameras and road sensors setup during the summer for a few weeks, which were monitoring all the traffic movements.  I wonder if any data from that is available yet?

I would think it would have given an interesting picture of just how many cars use the park as a rat run and how fast they go. I hope it influences the Royal Parks to get rid a through traffic.

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Recumbenteer | 8 years ago
2 likes

If proportionality were the measure, then the Police would far better serve Public safety by going out after speeding, phone-driving and unlicenced and uninsured drivers. This case is quite outrageous. I fail to see how this prosecution benefited the Public interest in any way.

I haven't ridden along Sawyer's Hill for some time, I tend to stick to the route by Spanker's Hill, where the School is. I also tend to keep my speed down in the park, because I don't want to be prosecuted and because of the speed humps.

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