Cycling on a Footpath Legislation
P.C. Nick Shaw, Police Constable 1171, Beat Manager Clifton (Redland Police Station Tel: 945 4453)Here is the legislation in relation to cycling on a footpath which is an offence under the Highways Act.
Redland police deal with it by means of a £30 fixed penalty but if an Officer does not have a fixed penalty on them an offender could be reported for summons.
A message I would like to put out through CHIS is that Officers at Redland police Station appreciate that there are a lot of complaints from members of the public about this offence and we are endeavouring to educate the cycling public, however we are also enforcing the law ( especially our cycle squad ) .
| TITLE | Riding a pedal cycle on a footpath |
| PNLD REF NO | H4105 14/10/2005 |
| OFFENCE WORDING | On **(..SPECIFY DATE..) at **(..SPECIFY TOWNSHIP..) wilfully rode a pedal cycle upon a footpath or causeway by the side of a road, namely **(..SPECIFY ROAD..), made or set apart for the use or accommodation of foot passengers. |
| LEGISLATION | Contrary to section 72 of the Highways Act 1835. |
| POINTS TO PROVE |
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| NOTES |
(i) See offence wordings: driving motor vehicle - H4113, driving a horse drawn vehicle - H1013, driving a hand cart or barrow - H1014, driving, riding/leading an animal - H1015, ride etc an animal - H1090 and lead etc an animal - H1091. (ii) See also H117 -driving a motor vehicle on land other than a road and H363 - drive motor vehicle on a footpath/bridle way - contrary to Section 34 Road Traffic Act 1988. (iii) Section 72 applies to the driving of 'a carriage of any description', which includes bicycles, tricycles, motor vehicles and trailers, as well as to certain animals. (iv) Local bye-laws may apply in relation to cycling in pedestrian precincts. (v) Fixed penalty scheme may be applied |
| POWERS OF ARREST | general arrest conditions |
| MODE OF TRIAL AND FILE PREPARATION | SUMMARY NON-IMPRISONABLE |
| PENALTY | The value of any damage caused, in addition to a fine not exceeding
level two on the standard scale. Fixed penalty ticket - thirty pounds. Time limit for prosecutions: 6 months |
| NATIONAL ACTIONS | MCA procedure may be applied to this legislation
Consider fixed penalty ticket scheme |
| RELEVANT LAW | HIGHWAYS ACT 1835 |
| RELEVANT LEGAL TOPIC | riding on a footpath |
| CCCJS CODE | HY35006 |
| PHOENIX CODE | 12.26.24.1 |