Legal status of a "closed" road

[Major_Grooves]

Every morning on my short commute to work I skip a long and congested road, with double solid lines (no skipping the queues ) by going through a "closed" road. It used to be open but became a terrible rat run so they closed it.

There are signs at the beginning of the road that it is closed, and half way along it there is a gate, with a sign on it saying something like "keep clear - emergency access" (I can't remember exactly). There are gaps on either side of the gate to allow pedestrians, bicycles, horses, and, well, me though.

It's obviously legal to be on the road on either side of the gate as it is a normal road. There is a 20mph limit and it is like a short country lane so i just stick to the limit so as not to p**s locals off or scare the horses.

A guy at work here lives near me but doesn't use that route because the one time he went through the gate the police jumped out and gave him a bollocking.

So my question is - do you think I am legally allowed to go through the gate? There isn't a "no cars/motorcycles" sign, and you are perefectly legal either side of the gate, it's just when you go through it.
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[cliff]

I also have the same problem, anyone that lives near the brooklands race track will know that there is a fairly long road that cuts across the airfield. It is often closed. It leads to weybridge where I work for dominos pizza, I always cut across it if the barriers are down by using the same method as you Major_Grooves, gaps either side of the barrier. And I'm off! I am interested to see if I can get done for this.
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[ZaphodBeeble]

I wouldn't worry about it. You are easing congestion by going that way so if the police say anything then tell them that. If they have something to complain about, just get off your bike when you get to the gate and push it through. That is completely legal and there will be nothing that they can do about it.

I can't see a problem with it though, as long as you aren't being a nuisance I don't see why they would complain. Just keep using the road until someone does complain. It's unlikely that you would get into trouble over it.
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Current bike: VTR1000F Firestorm. Previous: Firestorm (written off) - XJ600 Divvy - NSR125 - DT125 and a load of offroaders.

[GFK]

[dainesefreak]

I recon your on dodgy ground if you get caught, it depends on the mood of the officer that catches you too.

It's not really worth being nicked for, you could well get done for undue care or dangerous driving and the insurance increase and points wouldn't be funny. You might well find yourself in Magistrates court which can be a complete lottery depending on which senile magistrates you are up in front of. Is it worth the risk?

[Ste]

[cliff]

I kinda guessed that by the private security, but they never catch me because they are fat and lazy!

Cliff
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[Ste]

Or they just can't be bothered to chase a ped boi.

[Major_Grooves]

The way I see it is that the council have probably got a local law change so they can put a physical barrier on the road, but haven't changed the laws governing the road itself as it is still a normal road either side of the gate. Therefore the barrier only stops cars physically doing something, in the same way that they don't change the laws of the actual roads to put in traffic calming, rather apply to physically alter the road.

Regarding the sign - as the signs are at the start of the road which is in fact open, I'm guessing they are like the "Stay in Lane" signs on motorways - they are advisory only and have no legal power.
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[cliff]

That's probably more like it Not long now until I'm on a Bigger Boys bike!
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[ZaphodBeeble]

So does the sign actually say you are not allowed to even ride on that stretch of road at all? If it does then what I said is wrong, as Ste says.

If there isn't a sign saying that you are not allowed to ride there then I think at least part of what I said stands up. Pushing something along a public walkway is surely legal? What if you break down? Should you push it along the road and not the pavement?

What I meant to say instead of the 'easing congestion' thing is that you should just apologise to the lovely Policeperson and try and plead your case. Maybe he/she will listen as you are not putting anyone in any danger or anything.

If it was me I'd keep using it. But then I'm not the most law abiding of individuals (not that I'm some kind of crazy murdering mofo ). In the end it's up to you to decide if the police are ever gonna be around there to give you a bollocking for it.

Have fun!
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Current bike: VTR1000F Firestorm. Previous: Firestorm (written off) - XJ600 Divvy - NSR125 - DT125 and a load of offroaders.

[Major_Grooves]

The sign actually says "Road Closed Ahead", and is at the beginning of the road. The road then leads to houses and a housing estate so you are definitely allowed to use the road. It's just the gate as a physical barrier stopping you. Like I said I think the only thing that could legally stop you going through would be a proper red circle "no bikes/cars" sign.

Anyway i am just going to keep using it as it cuts a huge dog leg out of my journey. i was just asking because my friend got bollocked the first time he tried it.
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[priller]

[ZaphodBeeble]

Ah there you go then. Just keep your eyes open for the police.


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Current bike: VTR1000F Firestorm. Previous: Firestorm (written off) - XJ600 Divvy - NSR125 - DT125 and a load of offroaders.

[ZaphodBeeble]

[Ste]

It is illegal to have it on the pavement, and pushing it counts as riding it, so you have to have a helmet, MOT, insurance & tax as per normal. Sounds daft, but when you think about it, it makes sense. I can be pushing the bike down a big hill, jump on, then engine isn't going, but I can still be going fast, and hit things. Much easier just to have it like that than some grey area.

But I would hope a police officer would use some discretion in the event of someone pushing a bike along the road/ pavement with or without a helmet etc.

[priller]

[dainesefreak]

I remember this one coming up before.

[priller]

all I can say is tc is wrong

[dainesefreak]

He's an ex-traffic plod so you would need to ask him. Only quoting what the man said.

[Luke_Retrofly]

Hi
I had a similar problem travelling fro work to cassys, the long way added 2 miles to a 4 mile journey, basically it was a kind of cul de sac with bollards at the end then the other road, i used to do this till a local jumped on me and starting giving me abuse, then they put barriers up (they wouldnt stop me anyway). I though if i pused it through it would be ok but not the case its as ste said just as illegal to ride though as to walk. Its like the tax thing, if its on a road then it needs tax, well something like that .

Luke
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[McJamweasel]

[Danny]

That sounds like it came from the Highway code, which is not a legal document.

I've seen lots of couriers push their bikes through a no-entry sign because they seem to think that it is legal to do so. I asked a copper (not a traffic copper mind) and he seemed to think that was ok, but said don't quote me on it.

[priller]

[McJamweasel]