CYCLING ON PAVEMENTS – THE CASE IN SUPPORT

By Nick Fitton

In 1999, the Home Office issued guidance on how legislative powers on cycling on pavements should be applied, indicating that they should only be used where a cyclist is riding in a manner that may endanger others. The then Home Office Minister Paul Boateng issued a letter stating that:

“The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so. Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required.”

Almost identical advice has since been issued by the Home Office with regards the use of fixed penalty notices by ‘Community Support Officers’ and wardens.

“CSOs and accredited persons will be accountable in the same way as police officers. They will be under the direction and control of the chief officer, supervised on a daily basis by the local community beat officer and will be subject to the same police complaints system. The Government have included provision in the Anti Social Behaviour Bill to enable CSOs and accredited persons to stop those cycling irresponsibly on the pavement in order to issue a fixed penalty notice.

I should stress that the issue is about inconsiderate cycling on the pavements. The new provisions are not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of the traffic, and who show consideration to other road users when doing so. Chief Officers recognise that the fixed penalty needs to be used with a considerable degree of discretion and it cannot be issued to anyone under the age of 16.” (Letter to Mr H. Peel from John Crozier of The Home Office, reference T5080/4, 23 February 2004)

Please re-read the section above, slowly, and digest!

The Law has a legal definition of ‘pavement’. For the purposes of this article, ‘pavement’ means what the layman (you and I) understand it to mean.

Roads in the UK are full to capacity, or at best overcrowded. This will not change until the cost of fuel forces private motorists off the road. Public transport, HGV’s etc will remain, as operators can recoup fuel costs from consumers. This will appear as rising prices to consumers.

The very concept of pink squashy bodied cyclists sharing road space with 44 ton HGV’s, buses, etc is ridiculous. Even if road space was ‘filched’ to provide an extensive network of mandatory cycle lanes, the fact remains that cyclists would still be in the same space as the big boys. This means that there will ALWAYS be squashed cyclists. It would also mean that that vehicle drivers would be increasingly annoyed by the presence of cyclists (“taking up road space for which they pay nothing - getting in the way as they are so slow – can’t overtake as they are riding two abreast – they have demanded, and got 20 mph in town speed limits which slows me down etc etc”). These are legitimate complaints and a cause of impatience for motorist.
It has been argued to me that, “yes, motorists do get annoyed, but they must learn not to be” – we are all fallible and the fact is that we DO get annoyed – and that will not change. Add to this the reprehensible use of helmet cams and road rage with cyclists is sure to increase. The police are aware of this matter.

We need to think outside the box – engage in ‘blue skies’ thinking

In many locations pavements are an under-used resource. They exist, are paid for, and little used, especially in country areas.

The concept of cyclists and pedestrians co-existing in the same space is already accepted. Think of the dual use pavements throughout the UK : the Corn Market in the centre of Belfast : the Comber Greenway : in Omagh, the Gort-na-Garn path, and the Drumragh Bridge pathway are dual use. Think also of the Sustrans ride some years ago from Bushmills to Portrush. This was done on the pavement, because the road is twists and turns and we would have been a hazard to drivers and ourselves.

The statistics for pedestrian/cyclist collisions are encouraging – there being little evidence of it being a serious problem. Yes, collisions happen, but the vast majority are non-serious. Compare that with the large increase in cyclist deaths on the roads last year, a situation which will only get worse. Pavements are already used by motorised vehicles such as wheelchairs, and by those curious two wheeled upright electric devices sometimes seen on Belfast streets. They in particular are faster than bikes and, I would suggest, not under as full and easy control as bikes.

Implementation. A possible way ahead would be to paint a white line on pavements adjacent to the road surface, this space for cyclists to use. The track so delineated would be annotated as such by appropriate signage.

Cycling, and indeed walking and use of public transport have to increase. Private motoring will become the preserve of the wealthy. At time of writing (March 2012) petrol and diesel prices have reached an all time high. There will be no long term relief, nor should there be. Governments will court popularity by announcing proudly that they have cut fuel duty, but it’s a racing certainty that they will introduce a stealth tax increase elsewhere to compensate for the lost tax revenue. For the term ‘peak oil’, inset ‘peak CHEAP oil’ a peak already passed. Oil will always be available, but will become increasingly unaffordable. It will have to be afforded for essential users such as hospitals, hospices, old peoples homes etc. where oil starvation = death.