|
|
| Author |
Message |
| Hobgoblin |
This post is not being displayed .
|
Hobgoblin
Trackday Trickster
Joined: 05 Feb 2012
Karma :  
|
 Posted: 23:16 - 04 Dec 2012  Post subject: Pavement riding for access? |
 |
|
In the image below, the green circle depicts where the road technically ends.
The green lines depict the route to my place, this is pavement.
Red circle, lock up.
https://s14.postimage.org/6bcz4mo4h/path.jpg
I "Ride" from green to red, red to green, and I know this is dumb for asking as were not meant to ride on the pavement, but do I have any right? and if not whats the worst case scenario if caught doing so
Thanks.
____________________
Plodding along on my CG |
|
| Back to top |
  |
You must be logged in to rate posts |
|
 |
| WannaBeDude |
This post is not being displayed .
|
WannaBeDude
World Chat Champion
Joined: 05 Jul 2011
Karma : 
|
|
| Back to top |
 |
You must be logged in to rate posts |
|
|
| hellkat |
This post is not being displayed .
|
hellkat
Super Spammer
Joined: 12 Jul 2004
Karma :  
|
| Posted: 23:18 - 04 Dec 2012 Post subject: |
|
|
Is that all zigzagging past houses in a paved estate? 
If so, you're lucky your neighbours haven't put out cheese wire.
But if you can, why not.
I would, if I lived in a place like that and thought I could get away with it.  
____________________
Not nearly as interesting in real life. |
|
| Back to top |
 |
You must be logged in to rate posts |
|
|
| Hobgoblin |
This post is not being displayed .
|
Hobgoblin
Trackday Trickster
Joined: 05 Feb 2012
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| recman |
This post is not being displayed .
|
recman
World Chat Champion
Joined: 26 Mar 2012
Karma : 
|
Posted: 23:20 - 04 Dec 2012  Post subject: |
|
|
I wouldn't give a bollocks if I lived there and you rode along the path slowly and safely but there'll always be some busybody fecker who'll moan for the sake of it.  |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Hobgoblin |
This post is not being displayed .
|
Hobgoblin
Trackday Trickster
Joined: 05 Feb 2012
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| covent.gardens |
This post is not being displayed .
|
covent.gardens
World Clap Champion
Joined: 09 Jun 2012
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Nick_Giles |
This post is not being displayed .
|
Nick_Giles
Could Be A Chat Bot
Joined: 01 Jan 2012
Karma :
|
| Posted: 23:24 - 04 Dec 2012 Post subject: |
|
|
If you ride it like a cock it would give them a valid reason to complain.
If I were you I would use the route but ride at not much more than walking pace and smile and nod to those you pass. i.e. don't give them half an excuse to be a khunt and report you.
Having said that it seems to be some peoples hobby to be a khunt reason or not.
And FFS don't hit any prams or kittens. 
Nick
____________________
Peter Cook: "I have learned from my mistakes, and I am sure I can repeat them exactly". |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| WannaBeDude |
This post is not being displayed .
|
WannaBeDude
World Chat Champion
Joined: 05 Jul 2011
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Martay |
This post is not being displayed .
|
Martay
World Chat Champion
Joined: 20 May 2009
Karma : 
|
| Posted: 23:57 - 04 Dec 2012 Post subject: |
|
|
I done similar every day for 4 years. Only ever 1 problem, mister 5-0 gave me a £30 fine for no helmet. I was going from the front to back garden, engine running but i was pushing it / pulling it on the clutch in 1st. Riding without a helmet, £30 fine. CNUT
____________________
Eat well, poo hard 
Drives: Cavalier 2.0 16v
Rides: Slightly ratted Honda City Express |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| barrkel |
This post is not being displayed .
|
barrkel
World Chat Champion
Joined: 30 Jul 2012
Karma : 
|
| Posted: 04:19 - 05 Dec 2012 Post subject: |
|
|
Technically it's not even legal to push it, never mind ride it.
____________________
Bikes: S1000R, SH350; Exes: Vity 125, PS125, YBR125, ER6f, VFR800, Brutale 920, CB600F, SH300x4
Best road ever ridden: www.youtube.com/watch?v=s2MhNxUEYtQ |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| P. |
This post is not being displayed .
|
P.
Red Rocket
Joined: 14 Feb 2008
Karma : 
|
| Posted: 08:03 - 05 Dec 2012 Post subject: |
|
|
These people drive on the paths for access, I wouldn't worry in your case.
https://maps.google.co.uk/maps?q=Bromley&hl=en&ll=51.404957,0.113197&spn=0.003668,0.009645&sll=51.262781,0.520078&sspn=0.058865,0.154324&oq=bromley&t=h&hnear=Bromley,+Greater+London,+United+Kingdom&z=17&layer=c&cbll=51.404957,0.113197&panoid=A2KWmKqLuKO4B3VIisl4eQ&cbp=12,352.65,,0,14.32 |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| biker7 |
This post is not being displayed .
|
biker7
Crazy Courier
Joined: 15 Feb 2012
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Rogerborg |
This post is not being displayed .
|
Rogerborg
nimbA
Joined: 26 Oct 2010
Karma : 
|
Posted: 10:05 - 05 Dec 2012  Post subject: |
|
|
| Road Traffic Act 1988 wrote: | S34 (1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) on any road being a footpath, bridleway or restricted byway,
he is guilty of an offence.
(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land. |
Now, your route looks to be more than 15 yards from your start point, but is there a road (whether it's the one that you used or not) within 15 yards of every part of that footpath?
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| map |
This post is not being displayed .
|
map
Mr Calendar
Joined: 14 Jun 2004
Karma :
|
| Posted: 10:11 - 05 Dec 2012 Post subject: |
|
|
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Alpha-9 |
This post is not being displayed .
|
Alpha-9
Super Spammer
Joined: 19 Jan 2012
Karma :
|
| Posted: 10:23 - 05 Dec 2012 Post subject: |
|
|
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| cimbian |
This post is not being displayed .
|
cimbian
World Chat Champion
Joined: 27 Sep 2012
Karma : 
|
| Posted: 10:38 - 05 Dec 2012 Post subject: |
|
|
Ride considerately and if stopped be polite. Frankly if you did past my house and I knew why it wouldn't bother me but if you were being a prat about it I'd get pissed-off.
____________________
22PlusY
Current: Moto Guzzi 1100 Breva. Previous: Honda XL650V TransAlp
Bearded, Balding, Born again Buddhist Biker |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| barrkel |
This post is not being displayed .
|
barrkel
World Chat Champion
Joined: 30 Jul 2012
Karma :
|
| Posted: 10:41 - 05 Dec 2012 Post subject: |
|
|
| map wrote: | | barrkel wrote: | Technically it's not even legal to push it, never mind ride it. |
 please explain!. Ta. |
Pushing it is "driving" it. Same thing as how you can get fined for not wearing a helmet while pushing a motorbike. Pushing it along the pavement is driving it on the pavement. Exception is across a dropped curb to access property.
I think it's silly, and am not in favour of it, so don't try to argue it with me, you don't need to convince me, I'm just a messenger of what I've read elsewhere, e.g. other people getting nicked for it:
https://www.motorcyclenews.com/MCN/News/newsresults/General-news/2009/October/oct1309-Pushing-a-motorcycle-across-the-pavement-is-illegal/
____________________
Bikes: S1000R, SH350; Exes: Vity 125, PS125, YBR125, ER6f, VFR800, Brutale 920, CB600F, SH300x4
Best road ever ridden: www.youtube.com/watch?v=s2MhNxUEYtQ |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| truslack |
This post is not being displayed .
|
truslack
World Chat Champion
Joined: 08 Apr 2007
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| map |
This post is not being displayed .
|
map
Mr Calendar
Joined: 14 Jun 2004
Karma :
|
| Posted: 11:43 - 05 Dec 2012 Post subject: |
|
|
| map wrote: | | barrkel wrote: | Technically it's not even legal to push it, never mind ride it. |
please explain!. Ta. |
...IMHO you are so, so wrong. You do no-one any favours by repeating this rubbish.
From an earlier post of mine (see this thread).
You may have to scroll down re-quote below.
Note that hmmmnz quoted the same thing in 2007 which pre-dates the MCN article.
IMHO MCN has never been cutting edge accurate journalism.
The MCN article does not quote the statute, just some police person saying that's the law.
From experience that would be what they think the law is or would like it to be to suit themselves.
| T.C wrote: | | Rogerborg wrote: | (2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if—
(a)it is a mowing machine; or
(b)it is for the time being propelled by a person on foot.
 |
It has been held that if the machine is on a public road, whether being freewheeled or pushed that it still constitutes it being riding.
And before you ask for case law, you are the bloody expert, so look it up yourself! |
| map wrote: | I have to agree with Rogerborg on this.
If you look at this pdf file. Motorcycle Helmets, Visors and Goggles – General Advice. Issues by Department of Transport, August 2010, it clearly states | DoT Information Sheet wrote: | ...This document provides general guidance and advice on the legislative requirements in Great Britain relating to motorcycle helmets, visors and goggles...
Also, no helmet is needed if someone is pushing the motorcycle on foot... |
If you know of recent and relevant case law that contradict a government issued document please advise.
All I could find was this link on pushing bicycles but also covers mopeds and motorcycles. Basically if pushing a bicycle (motorcycles in this are classed as a bicycle, look at your tax disc) you are classed as a foot passenger. However , if you're sitting astride it and moving it or using it like a scooter then yes, you could be deemed as riding it. Pushing it though isn't riding*. | Pushing bicycle link wrote: | ...there is clear judicial authority for the proposition that anyone pushing a bicycle is a "foot-passenger" (Crank v Brooks [1980] RTR 441) and is not "riding" it (Selby)... |
* It appears hmmmnz beat me to it way back in 2007 in this thread |
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Alpha-9 |
This post is not being displayed .
|
Alpha-9
Super Spammer
Joined: 19 Jan 2012
Karma :
|
| Posted: 11:48 - 05 Dec 2012 Post subject: |
|
|
Bollocksssssssssssssss
STOP MAKING UP LAWS YOU LOUTS.
So when I crashed and had to push my bike home I should have pushed it along the road? Yeah don't think so matey
____________________
Fzr-600 1999 |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Rogerborg |
This post is not being displayed .
|
Rogerborg
nimbA
Joined: 26 Oct 2010
Karma :
|
| Posted: 11:55 - 05 Dec 2012 Post subject: |
|
|
| barrkel wrote: | Pushing it is "driving" it. |
Possibly, but you haven't cited case law any more than T.C did when he went off on one about...
| barrkel wrote: | Same thing as how you can get fined for not wearing a helmet while pushing a motorbike. |
Oh dear.
Nobody got "nicked" there. The article is accurate in saying that Inspector Salmon is "a complete moron". I'd also add "not fit to do his job", since he clearly hasn't read or understood the law that he's tasked with upholding.
The law is what the law says it is, and how courts interpret it.
Ultimately, coppers (or ex coppers) are just spouting opinions, same as the rest of us. I invite you to read Pryor vs GMP, for just one example of where everyone was very sure what the law meant, until eventually it reached some grown ups who read what it actually said.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Souleh |
This post is not being displayed .
|
Souleh
Trackday Trickster
Joined: 08 Nov 2010
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Rogerborg |
This post is not being displayed .
|
Rogerborg
nimbA
Joined: 26 Oct 2010
Karma :
|
| Posted: 13:35 - 05 Dec 2012 Post subject: |
|
|
Well, sure the "bright" side of Section 59 is that Plod will most likely issue you a warning rather than prosecute for a first "offence" of riding off road.
The sticky side is that on the 2nd "offence", he'll nick your bike, including entering a lock-up to get at it purely based on "reasonable belief" that an offence was committed, and issue you a blackmail note.
I say "offence" since at no point need Plod - or worse, Plastic Plod - go to the bother of getting a court involved.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Hobgoblin |
This post is not being displayed .
|
Hobgoblin
Trackday Trickster
Joined: 05 Feb 2012
Karma :
|
| Posted: 17:32 - 05 Dec 2012 Post subject: |
|
|
| Rogerborg wrote: | | Road Traffic Act 1988 wrote: | S34 (1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) on any road being a footpath, bridleway or restricted byway,
he is guilty of an offence.
(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land. |
Now, your route looks to be more than 15 yards from your start point, but is there a road (whether it's the one that you used or not) within 15 yards of every part of that footpath? |
Rogerborg. Yes my destination point is futher than 15 yards, probably more about 30-40 yards from the road.
As well, from this road point there are no other road points within a 15 yard radius of my lock up.
The part I am unsure about however is the wording of the second part of that sentence above I've pasted in greater size font.
Thanks all
//Image is broke, will fix tonight.
____________________
Plodding along on my CG |
|
| Back to top |
| |
You must be logged in to rate posts |
|
 |
Old Thread Alert!
The last post was made 13 years, 62 days ago. Instead of replying here, would creating a new thread be more useful? |
 |
|
|
Help & FAQs
Search BCF
Members
Groups
Events Calendar
rating
rating