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PAVEMENTS ARE FOR PEDESTRIANS - 4

I am grateful to Ben Owen, Al Stuart, Paul James and Nigel Brooks for their continued intemperate comments on my purely factual posts about the illegality of pavement cycling PAVEMENTS ARE FOR PEDESTRIANS - 3. Each time they whinge about the unfairness of life as seen from the saddle of a bicycle they bring the topic back up to the top of the list, increasing the readership of my original posts and exposing their own intolerant attitude to us pedestrian PLEBS!.THERE ARE NO LAWS ABOUT PEDESTRIAN BEHAVIOUR because walking is a fundamental means of human movement carried out at unthreatening speeds. It is the speed of mechanically assisted human movement which creates danger, is confined to the roads, and is controlled by the traffic laws. EVEN ‘JAYWALKING’ IS NOT ILLEGAL IN THIS COUNTRY! See these extracts from: http://en.wikipedia.org/wiki/Jaywalking“The United Kingdom does not formally describe priority regulations for drivers and pedestrians at road junctions or other locations, except with respect to marked Zebra, Pelican, and Puffin crossings, where motorists are required to give way to pedestrians under defined conditions. Elsewhere, the Highway Code relies on the pedestrian making their own judgement on whether it is safe to cross based on the Green Cross Code. If the pedestrian's judgement was correct then no evasive re-action should be required by any drivers, but drivers [including cyclists] are expected to avoid hazards and are examined on their ability to do so during the Hazard Perception Test.” “The term "jaywalking" is rarely used, and there is no law preventing jaywalking as such. In England, Wales and Scotland it is legal to cross all roads except motorways (where pedestrians and slow vehicles are not permitted), and roads with the "No Pedestrians" sign displayed. The Highway Code contains additional rules for crossing a road safely, but these are recommendations and not legally enforceable, although as with other advisory parts of the Highway Code compliance or otherwise can be used to establish liability in civil law proceedings such as insurance claims.” “When crossing a road, pedestrians are advised to wait until it is safe to cross. Vehicles have priority when crossing a road, although, if a pedestrian is crossing the road across a side street where a car is about to turn, vehicles should give way to the pedestrian. This is demonstrated in the Highway Code [Rule 170].] In UK schools children are taught to cross roads safely through the Green Cross Code. British children are taught to "Stop, Look, Listen and Think" before crossing a road, as demonstrated in the Arrive Alive campaign.”“Zebra crossings are points where pedestrians can cross with the right of way. Traffic [including bicycles!] should [MUST Highway Code Rule 195] stop at such points for pedestrians.” AND THIS IS WHAT THE HIGHWAY CODE SAYS TO VEHICLE DRIVERS/RIDERS [INCLUDING CYCLISTS!] about ‘Road users requiring extra care’ 205 There is a risk of pedestrians, especially children, stepping unexpectedly into the road. You should drive with the safety of children in mind at a speed suitable for the conditions.206 Drive carefully and slowly when• in crowded shopping streets, Home Zones and Quiet Lanes (see Rule 218) or residential areas • driving past bus and tram stops; pedestrians may emerge suddenly into the road • passing parked vehicles, especially ice cream vans; children are more interested in ice cream than traffic and may run into the road unexpectedly • needing to cross a pavement or cycle track; for example, to reach or leave a driveway. Give way to pedestrians and cyclists on the pavement • reversing into a side road; look all around the vehicle and give way to any pedestrians who may be crossing the road • turning at road junctions; give way to pedestrians who are already crossing the road into which you are turning • the pavement is closed due to street repairs and pedestrians are directed to use the road • approaching pedestrians on narrow rural roads without a footway or footpath. Always slow down and be prepared to stop if necessary, giving them plenty of room as you drive past. 207 Particularly vulnerable pedestrians. These include:• children and older pedestrians who may not be able to judge your speed and could step into the road in front of you. At 40 mph (64 km/h) your vehicle will probably kill any pedestrians it hits. At 20 mph (32 km/h) there is only a 1 in 20 chance of the pedestrian being killed. So kill your speed • older pedestrians who may need more time to cross the road. Be patient and allow them to cross in their own time. Do not hurry them by revving your engine or edging forward • people with disabilities. People with hearing impairments may not be aware of your vehicle approaching. Those with walking difficulties require more time • blind or partially sighted people, who may be carrying a white cane using a guide dog. They may not be able to see you approaching • deafblind people who may be carrying a white cane with a red band or using a dog with a red and white harness. They may not see or hear instructions or signals.208 Near schools. Drive slowly and be particularly aware of young cyclists and pedestrians. In some places, there may be a flashing amber signal below the ‘School’ warning sign which tells you that there may be children crossing the road ahead. Drive very slowly until you are clear of the area.209 Drive carefully and slowly when passing a stationary bus showing a ‘School Bus’ sign (download ‘Vehicle markings’ (PDF, 537KB)) as children may be getting on or off.210 You MUST stop when a school crossing patrol shows a ‘Stop for children’ sign (download ‘Signals by authorised persons’ (PDF, 123KB) and ‘Traffic signs’ (PDF, 486KB)).Law RTRA sect 28

Tony Purton ● 4631d20 Comments ● 4627d

PAVEMENTS ARE FOR PEDESTRIANS - 3

PAVEMENTS ARE FOR PEDESTRIANS – 3THE HOME OFFICE ADVICE quoted by Paul James was published by Labour Home Office minister Paul Boateng in 2006 and has been overtaken by events. There has been a dynamic to increase the use of bicycles, boosted by last year’s Olympic Games and heavily promoted by the government as a new ‘green’ idea. IN 2009 THE PUBLIC ACCOUNTS COMMITTEE in its report ‘Improving road safety for pedestrians and cyclists in Great Britain’ said: 4. “Some cyclists are perceived to behave irresponsibly, such as riding on pavements and disregarding red traffic signals, thereby posing a danger to themselves and making other road users including elderly pedestrians feel unsafe”5.  There appears to be a lack of understanding amongst the public and some police about the legal requirements for cyclists, including, for example, whether it is illegal to cycle on a pavement. The Department confirmed that it was illegal and undertook to consult its police liaison officer about how it might draw this to the attention of police forces across the country. Legislation also requires new bicycles to be fitted with bells but it is not illegal, subsequently, to remove them. The Department agreed that it could devise new rules to constrain irresponsible cyclists but said that it would need to be satisfied that the police could enforce them. Enforcing cycling offences was typically not high on the agenda of most police forces due to competing demands on their time.Robert Devereux, Permanent Under-secretary of the DfT, giving evidence to the Committee said he did not think pavement cycling was illegal – but when pressed by Geraldine Smith MP confirmed that it was, which seemed to come as a surprise to him. Read the evidence for yourself http://www.publications.parliament.uk/pa/cm200809/cmselect/cmpubacc/665/9061004.htm Q42  Geraldine Smith: Can you tell me, first of all: is it illegal to cycle on pavements?   Mr Devereux: No, I do not think so. I will just check that. I have a feeling that it is a Highway Code recommendation not to do it rather than it being actually against the law. Mr Devereux: Sorry, I have just checked this and it is illegal to be on the pavement. That being the case, there is no reason why a policeman should not—   Q45  Geraldine Smith: It is illegal? Do the Department for Transport make that clear to the police because a police superintendent was at this forum with me and he said that it was legal to cycle on pavements, so, if you are confirming that, I can go back and tell him that it is actually illegal.  Mr Devereux: It is page 22 of the Highway Code in red, which means it is illegal, "You must not cycle on the pavement".  Q46  Geraldine Smith: Excellent! I am very pleased about that. I shall go back and tell him.   Mr Devereux: It is Rule 64. In terms of whether or not people are aware of it, and you have clearly caught me out, I was not expecting quite so many anti-cyclist questions, so forgive me, we have within the Department a police liaison officer and I will go back and make sure that he actually makes that clear to the police  Q47  Geraldine Smith: Yes, if you would, because I was quite surprised at these forums that it came up, not just at one, but at every one of them, as an area which people were really concerned about, and I did expect it a bit, but I think there is a feeling that people in authority do not take it seriously enough. As I say, the superintendent that I was with said, "No, it is legal to cycle on the pavement, it is just illegal if it is irresponsible cycling", and that is quite different from what you have said, so maybe there should be an instruction going out to every police force in the country making the position clear to people.   Mr Devereux: I will ask the liaison officer to do something appropriate to make sure it is clear. CURRENT DfT AND HOME OFFICE MINISTERS AND THE POLICE are in no doubt that pavement cycling is illegal as they have confirmed to me personally and whose words I have published.  IN HIS ‘VISION FOR CYCLING IN LONDON’ Mayor Boris Johnson says:“We will act more vigourously against cyclist violations, such as riding on the pavement” (page 23)“The Metropolitan and City of London Police have a vital job in safety, security and enforcement against antisocial cyclist behaviour” (page 28)“We recognise the real problem of antisocial cycling” (page 31)“We will increase enforcement action against illegal cyclist behaviour” (page 31)THE CYCLIST LOBBY ZEROS IN ON THIS STATEMENT IN THE ‘VISION’“One of the best ways of stopping people cycling on the pavement is to give them better places to cycle on the road” (page 33) – which is simply a repetition of the usual excuse made by cyclists for riding on the pavement ‘for their own safety’ and reflects the half-hearted way in which cycling policy is being implemented.GET BRITAIN CYCLING – by the All-party Parliamentary Cycling Group says:“ We need to train cyclists and drivers alike to travel legally and safely.”http://allpartycycling.files.wordpress.com/2013/04/get-britain-cycling1.pdf  A GRIMBY MAGISTRATE SAID: to a 29-year-old Grimsby man he fined £750 ‘cycling without consideration’ after hitting and injuring a five-year-old child while riding on the pavement, who claimed he was only cycling on the pavement because of the dangers of cycling on the road: "By not cycling on the road you put your own safety ahead of others, and the consequences of this could have been much worse. People have been killed by cyclists in similar incidents.“THE AUTHOR Is a life-time cyclist, motorcyclist, motorist and walker whose main hobby is flying extensively in the UK and Europe as a private pilot. In the 1970s and 80s I cycled daily to work from Ealing to Tottenham Court Road. At the age of 78 I find no need to use a bike (which I still have), preferring to walk and use public transport for local journeys. Pedestrian safety - my own - is now my major concern. I hope to achieve it by the time I reach the ‘walking stick’ stage. Two years ago I took the one day ‘Bikeability’ course on safe ‘on road’ cycling to see what it was like – it was good and I recommend it to all my OAP friends, some of whom have taken my advice.

Tony Purton ● 4712d18 Comments ● 4631d

PAVEMENTS ARE FOR PEDESTRIANS - 2

PAVEMENTS ARE FOR PEDESTRIANS – 2DON’T JUST REPLY TO THIS POST – WRITE TO THE RESPONSIBLE AUTHORITIESThe four recent postings on pavement cycling seem to have attracted the usual hate-mail from cyclists claiming that everybody else is worse than they are so why pick on them. Some 17 individuals have registered 118 posts so far. 5 of the posters seem to be against pavement cycling. The rest make the usual excuses for it and (t)witter on about irrelevant issues. What I hope to do is encourage PEDESTRIANS to have their say by writing to the responsible authorities (listed below), as I have done, to press those authorities to enforce the long-standing law against pavement cycling. All the authorities agree that pavement cycling is illegal (see below) but do little to enforce the law. Cleveland Ward councillor John Popham has recently admitted to one correspondent (not me) that “cycling on the pavement….. is definitely getting worse.”In Bristol a campaign group has made a stand against pavement cycling following evidence videoed by pensioners – see http://road.cc/content/news/67162-pensioners-who-videoed-pavement-cyclists-bristol-are-now-campaigning-more-cycle. David Willingham, who represents Bishopston has asked new police commissioner Sue Mountstevens to crack down on the 'anti-social' antics of riders.If the government is encouraging people to walk more, they will do so on the pavements. If the government realises its stated aim to increase cycle use in the UK to 5 times its present volume over the next 12 years (from 2% of journeys in 2011 to 10% of all journeys in 2025) then the danger/nuisance of pavement cycling we experience today will soon increase beyond any tolerable bounds on more crowded pavements.Safety for cyclists on the roads is a matter for all road users (including cyclists) to resolve between them. The pavements are not a refuge for any of them. A default 20mph urban speed limit would reduce the speed differential between motor vehicles and cyclists. If cyclists want to be separated from motor vehicles they should lobby for exclusive cycle lanes. For Phillipa Bond - Re SIGNS: a clearly intelligible NO PAVEMENT CYCLING sign is simple and cheap to produce and display. Take the ubiquitous NO SMOKING sign, a red circle with a backward red slash across it, and put a bicycle in the middle in place of the smoking cigarette – and there you have it. Embossed with the Met Police and Ealing Council logos and bearing reference to Section 72 of the 1835 Highways Act and Rule 64 of the Highway Code, such signs could be printed on self-adhesive A4 labels (6 or 8 to a page) and stuck on lamp-posts throughout the Borough. I have submitted such a design to both the Met Police and Ealing Council. The reaction of Ealing Council’s cycling guru Nick O’Donnell was: “we do not believe that the erection of what would have to be a mass of signs across the Borough on this matter is really (a) good spend of taxpayers money (b) in line with our policies on reducing street clutter and (c) likely to actively deter this activity to justify the spend”. Ealing Council has bid for £38.5 million of London Mayor Boris’s £100 million fund to improve facilities for cyclists. A few £ thousands spent on self-adhesive labels to protect pedestrians would hardly be missed, but the NO CYCLING signs would encourage pedestrians to exert their right in law to cycle-free pavements.Here are some of the official statements I have collected from the highest levels of the “responsible authorities” in the course of pursuing this issue. PARLIAMENTThere appears to be a lack of understanding amongst the public and some police about the legal requirements for cyclists, including, for example, whether it is illegal to cycle on a pavement. The Department confirmed that it was illegal and undertook to consult its police liaison officer about how it might draw this to the attention of police forces across the country.Enforcing cycling offences was typically not high on the agenda of most police forces due to competing demands on their time. Public Accounts Committee: Report on Cycling, October 2009MINISTERS“..cycling on the pavement ….. is an offence. Enforcement is a matter for the police.” Mike Penning, Transport Minister: letter Ref.MC/344 59 22 March 2012“Rule 64 of the Highway Code clearly states that you MUST NOT cycle on the pavement. The Code is essential reading for road users” Norman Baker, Transport Minister: Written PQ answer 353 DfT Ref.39439 10/12 17 April 2012“The way the police enforce the law ….. are matters for their professional judgement and discretion” Nick Herbert, Home Office Minister: Written PQ answer [103300] 19 April 2012METROPOLITAN POLICE“The impact and hazards caused by cycling on the pavement is [also] punishable by way of fixed penalty notice and we issued over 6,150 tickets for this offence last year.” Commander Adrian Hanstock Met Police: letter 14 May 2012“… there are no specific advisory campaigns advising the general public about cycling on the pavement”  Commander Adrian Hanstock Met Police: e-mail 20 May 2012 Police National Legal Database and DfT Police Liaison Newsletter September 2009Section 72 of the Highways Act 1835 provides an offence of riding or driving on the footpath. It states: 72. If any person 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 horse, ass, sheep, mule, swine, cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway or tether any horse, ass, mule, swine or cattle on any highway so as to suffer or permit the tethered animal to be thereon.Offence Wording: On **(..SPECIFY DATE..) at **(..SPECIFY TOWNSHIP..) wilfully rode a pedal cycle upon a footpath or causeway by the side of a road, namely **(..SPECIFY ROAD AND LOCATION..), made or set apart for the use or accommodation of foot passengersNOTES:(i) A footpath is part of a highway, if it is beside a road.(ii) The section only extends to the wilful obstructions specified.(iii) Proceeding may be instituted by anyone and is not confined exclusively to the Highway Authority.(iv) "Wilful" under this section means "purposely“The legislation makes no exceptions for small wheeled or children’s cycles. However, if any rider is under the age of criminal responsibility (10) they will not be guilty of the offence.Section 72 applies to the driving of  'a carriage of any description', which includes bicycles, tricycles , motor vehicles and trailers, as well as to certain animals.Local bye-laws may apply in relation to cycling in pedestrian precincts.EALING COUNCIL“I agree that adults cycling on pavements is not appropriate and illegal and as has been repeatedly explained to you something we are working on discouraging”. Nick O’Donnell Assistant Director Strategic Transport, London Borough of Ealing“cycling on the pavement….. is definitely getting worse.” CLEVELAND WARD COUNCILLOR John Popham HOW MUCH DOES A MOVING CYCLIST WEIGH?Any moving body has an energy potential far greater that it’s standing weight – known as Kinetic Energy. It is measured by the formula ½MV² where M=weight and V=speed.It is well understood that a 1 ton vehicle (a typical saloon car) traveling at 30mph has a Kinetic Energy potential of 450 tons, which is why it is almost certain to kill any pedestrian it hits at that speed. A cyclist traveling at 10mph will ‘weigh’ 50 times his own weight. At 15mph he will ‘weigh’ 112 times his own weight. That energy potential in collision with a pedestrian can do a great deal of damage, not to mention the ‘trauma’ of such a collision especially for the vulnerable elderly or infirm. A rugby full back blocking an attacking forward in full flight probably experiences the sort of collision that an unsuspecting pedestrian might suffer from a collision with a 10mph cyclist. PROTECTIVE CLOTHINGCyclists tend to wear helmets and some protective clothing in case they fall off their bikes.  Pedestrians do not dress to protect themselves from collision with cyclists or any other vehicles. They rely simply on avoiding them. THE RESPONSIBLE AUTHORITIESEaling’s Community Police Team mailto: James.Ayling@met.police.uk Tel: 020 8246 9406 Met Police HQ: Commander Adrian Hanstock head of the Met Police Safer Transport Command mailto: Adrian.Hanstock@met.police.uk Tel: 020 3054 0293 London Cycling Commissioner Andrew Gilligan [mailto: andrew.gilligan@london.gov.uk], responsible for implementing London Mayor Boris Johnson’s ‘Vision for Cycling in London’ London Assembly: Ealing and Hillingdon member Dr Onkar Sahota mailto: onkar.sahota@london.gov.uk Tel: 020 7983 6558 Ealing Council: Assistant Director of Strategic Transport Nick O’Donnell mailto: ODonnellN@ealing.gov.uk Tel: 020 8825 8078 Ealing Council Cabinet: Member for Transport and Environment Councillor Bassam Mahfouz is mailto: Mahfouz@ealing.gov.uk Tel: 07949 104 656Ealing Ward Councillors:Councillor Isobel Grant     Isobel.grant@ealing.gov.uk                              Councillor John Popham   John.popham@ealing.gov.uk                             Councillor Greg Stafford   Gregory.stafford@ealing.gov.ukEaling Conservative Action TeamRosa Popham      rpopham@btinternet.com                              Ian Proud        ianproud@ip-associates.demon.co.uk                                                                

Tony Purton ● 4712d8 Comments ● 4635d