Footpath access to property ?

[rehmh05]

Hi guys

Just encountered a real bike hater the other day. My friend lives at b12 8tg . Went to see him the other day and took my bike into the type of cul de sac thing. Obviously I had to ride onto the footpath to gain access to his front garden.

A drunk guy comes out and starts shouting at me ; that I can't bring my bike here. I explained the danger of theft and damage if left on road, he persisted and I invited him to call the police to settle the case since he was drunk and I didn't find him in his senses . I waited and no one came and after I had left, the police came when my friend wasn't at home either, asking for all kinds of details of my bike and saying I can't bring my bike there again or risk fines etc....

I've checked the Highway Code involving footpaths :

Section 145
''You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency''

Any persons with legal knowledge here? I understand I must not take it as legal advise but some light on the matter would be much appreciated. Am I in the wrong? Would you leave your bike on the road? And more importantly can you take your bike into the property legally?
____________________
- CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600

[Fowlersrs]

Good question this as the alleyway to my back garden where I keep the bikes has a no cars/motorbikes sign present.

I always wheel my bikes up/down it slowly, always wondered if I'm braking the law

[Yorkshire Geek]

If there's no dropped kerb and you ride over the path you're breaking the law. Not so sure if you push the bike in.

[Ste]

Google maps link please.

[G]

I'd ask the police exactly what law they believe you would be breaking if you did this.

[venari]

I love this:
"I explained the danger of theft and damage if left on road, he persisted and I invited him to call the police to settle the case."

I bet you didn't use those words...

I certainly wouldn't have if some sh**ty p***head w**ker had f***ing shouted at me for riding my b***ard bike over f**king pavement to get to the house!!! He can go f**king call the c**ting queen for all I give a s**t.

Am I being illegal every time I roll my bike off my drive (over the pavement) onto the road???
____________________
[/bullshit]

[rehmh05]

https://www.google.co.uk/maps/place/Melrose+Ave,+Woodfield+Rd,+Birmingham,+West+Midlands+B12+8TG/@52.4594436,-1.8805625,19z/data=!4m2!3m1!1s0x4870bc76583f2625:0x5650635dc55fbec8?hl=en-gb
____________________
- CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600

[rehmh05]

Anyone elaborate on ''lawful access to a property''?
____________________
- CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600

[Ste]

This footpath?

https://www.google.co.uk/maps/place/Melrose+Ave,+Woodfield+Rd,+Birmingham,+West+Midlands+B12+8TG/@52.458926,-1.882821,3a,75y,106.48h,82.27t/data=!3m7!1e1!3m5!1sBM_70deHYfvKbg5EOFl2BQ!2e0!6s%2F%2Fgeo2.ggpht.com%2Fcbk%3Fpanoid%3DBM_70deHYfvKbg5EOFl2BQ%26output%3Dthumbnail%26cb_client%3Dmaps_sv.tactile.gps%26thumb%3D2%26w%3D100%26h%3D80%26yaw%3D129.55798%26pitch%3D0!7i13312!8i6656!4m2!3m1!1s0x4870bc76583f2625:0x5650635dc55fbec8?hl=en-gb

[rehmh05]

[rehmh05]

As for the law, I wasn't there, I've heard off my friends flat mate ( who wasn't at the scene of the alleged offence) he said the police said even push bikes aren't allowed on the footpath , ...... I'm not sure they read the other half ( to gain lawful access to property)
____________________
- CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600

[Fowlersrs]

[Diggs]

I'd be inclined to ring the Council to ask whether the access has ever been subject to a Stopping Up Order under the Highways Act 1980 s.116 & 118. Note for an SUO to be granted the written consent of all persons having a legal interest in the land needs to be obtained.

I'd also ask if it has been the subject of a Traffic Regulation Order preventing vehicular use under s1 & 122 of the Road Traffic Regulation Act 1984.

If neither of the above apply, I'd then ask whether the Council considers the access a footpath or whether vehicles small enough to squeeze between the bollards are allowed to use it. At some point the Council has put bollards in to prevent use by vehicles, but this does not necessarily mean that a right to pass over has been extinguished in law.

You have probably guessed that there is no simple answer until you have the facts. Chances are the drunken neighbour won't know the score and neither will the plod unless they ask the right questions...

Hope this helps.

ps. I expect Borg to contradict the above.
____________________
Now - Speed Triple, old ratty GS550, GSXR750M
Gone (in order of ownership) - Raleigh Runabout, AP50, KH125, GP125, KH250, CBX550, Z400, CB750FII, 250LC, GS550, ZXR750H1, Guzzi Targa, GSX750F, KH250 x2, Bimota SB6R and counting...

[Ste]

Ahem, that screenshot is half a mile from the postcode you gave in the original post.

Push the bike rather than riding it if one the neighbours if a bit of a dick?

Report the neighbour for being drunk & disorderly and for breach of the peace?

[rehmh05]

[rehmh05]

[monkeybiker]

It says you can't drive it but can you push it over the path?

[Ste]

https://www.google.co.uk/maps/@52.454673,-1.875281,3a,75y,239.92h,77.25t/data=!3m6!1e1!3m4!1sDfMR88B8OlCFNINInzdeeA!2e0!7i13312!8i6656

A google map link for those that don't like tiny screen shots.

[rehmh05]

[Yorkshire Geek]

[monkeybiker]

[MattEMulsion]

Legal or not I don't think that it is morally right for you to ride your motorcycle down what is clearly a footpath in the picture. The drunk neighbour has a point to some degree. At least push it if you intend doing it again.
____________________
Yamaha YZF-R6

[TrapezeArtist]

The law can be bent to include anything or nothing depending on the preference of the lawyer doing the shouting. A more common-sense approach would be to ask if you are doing anything unreasonable. If you're not causing a nuisance or a danger, why should anyone mind?

[Ste]

Just push the bike for the sake of a quiet life. Especially as it's not your neighbours that you're pissing off.

[Fowlersrs]

I must admit I often push my bike too, it's the noise that brings most people out to be fair.