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arry |
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arry Super Spammer
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Commuter_Tim |
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Commuter_Tim World Chat Champion
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SDFarsight |
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SDFarsight Nova Slayer
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 09:04 - 01 Feb 2018 Post subject: |
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SDFarsight wrote: | walking with your bike is 100% legal. |
Oh, phew, glad to hear it. Sorry, something's up with my internets though, I can't see the 100% clear case law that you cited. ____________________ 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 |
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SDFarsight |
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SDFarsight Nova Slayer
Joined: 02 May 2017 Karma :
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Posted: 12:30 - 01 Feb 2018 Post subject: |
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Rogerborg wrote: | SDFarsight wrote: | walking with your bike is 100% legal. |
Oh, phew, glad to hear it. Sorry, something's up with my internets though, I can't see the 100% clear case law that you cited. |
I actualy started a thread on this subject when I first joined BCF, and a certain Rogerborg Esquire replied:
Rogerborg wrote: | Oh, herro.
DRZ4Hunned wrote: | Technically illegal to push it on public footpath unless accessing property. |
And what offence are you committing? Can you find one that doesn't feature the words "driving" or "riding"?
Get off it. Selby (Justin) v Director of Public Prosecutions: QBD 1994 held that "riding is being carried out if a person is being carried on a motor cycle as it moves on its wheels, whether propelled by the engine, by his feet or by gravity."
Pushing a bike on a pavement, footway or footpath is absolutely fine, whether it forms part of a road or otherwise.
I regularly push bikes along the pavement against the direction of a one-way road and then across the carriageway to bypass a no-entry sign, and have done so with Dibble passing with no worries at all. You do not have to wear a helmet when doing so, which forms another clear distinction between "propelling it on foot" and riding/driving. |
____________________ Riding: 2009 Kawasaki ER6f
Previous: Sym Wolf SB125Ni, 2008 Kawasaki ER6f |
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Aceslock |
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Aceslock Spanner Monkey
Joined: 12 Dec 2014 Karma :
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Posted: 12:59 - 01 Feb 2018 Post subject: |
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____________________ Previous Bike: Skyjet SJ27
Sold: Yamaha YZF 600 R Thundercat. Sold: ZX636R
Current bike: R1 14B (Beast) |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 13:58 - 01 Feb 2018 Post subject: |
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SDFarsight wrote: | a certain Rogerborg Esquire replied |
That FPOS clearly hadn't read Regina v MacDonagh though, which held that pushing (of a car) could count as driving.
Nor Ames v MacLeod 1969 which came to the same conclusion, that pushing could suffice. Likewise Burgoyne v Phillips 1983.
The most salient case though looks to be McKeon vs Ellis 1987 in which it was held, somewhat bizarrely, that "controlling the movement and direction of a motor cycle by pushing and steering with the ignition and lights on constituted 'driving', as long as the defendant was wearing motor cyclist's clothing and a crash helmet".
Thus where I do agree with that Esquire chap's jibba jabba is that you should take your lid off. To be safe, you might want to peel your leather chaps off and push it naked. ____________________ 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 |
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Commuter_Tim |
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Commuter_Tim World Chat Champion
Joined: 09 May 2013 Karma :
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SDFarsight |
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SDFarsight Nova Slayer
Joined: 02 May 2017 Karma :
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Posted: 00:00 - 02 Feb 2018 Post subject: |
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Rogerborg wrote: | SDFarsight wrote: | a certain Rogerborg Esquire replied |
That FPOS clearly hadn't read Regina v MacDonagh though, which held that pushing (of a car) could count as driving.
Nor Ames v MacLeod 1969 which came to the same conclusion, that pushing could suffice. Likewise Burgoyne v Phillips 1983.
The most salient case though looks to be McKeon vs Ellis 1987 in which it was held, somewhat bizarrely, that "controlling the movement and direction of a motor cycle by pushing and steering with the ignition and lights on constituted 'driving', as long as the defendant was wearing motor cyclist's clothing and a crash helmet". |
Nor Ames v MacLeod, Burgoyne v Phillips and McKeon vs Ellis all happend in ye oldie days when you could probably still find Wehrmacht BMW R75s hanging around Autotrader, MG42 still attached. With the exception of the Highway Act 1835, all the examples given by Rogerborg 2017 happend at a later date. I'm no lawyer, but I'd expect that later examples have the stronger legal precident.
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Thus where I do agree with that Esquire chap's jibba jabba is that you should take your lid off. To be safe, you might want to peel your leather chaps off and push it naked. |
I wouldn't want to go entirely naked, but I think I'll compromise and wear assless chaps instead. ____________________ Riding: 2009 Kawasaki ER6f
Previous: Sym Wolf SB125Ni, 2008 Kawasaki ER6f |
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V2 |
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V2 Nearly there...
Joined: 06 Feb 2006 Karma :
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Old Thread Alert!
The last post was made 6 years, 78 days ago. Instead of replying here, would creating a new thread be more useful? |
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