willcove wrote:
me wrote:
Quote:
Rule 49:
Cycle Lanes. These are marked by a white line (which may be broken) along the carriageway (see Rule 119). Keep within the lane wherever possible.
That isn't advisory;
Homer wrote:
It certainly is not compulsory.
It is a compulsory as rule 174:
Quote:
Give way to pedestrians who are still crossing [the pedestrian crossing] after the signal for vehicles has changed to green.
Rules 49 and 174 are written in the same grammatical mood (imperative). Of rules not marked with
MUST or
MUST NOT, the Highway code states
Quote:
Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability.
I suspect that failing to give way to pedestrians who are still crossing would constitute the non-specific offence of driving without due care and attention at the very least in the same way as not keeping within cycle lanes where possible would consititute the equivalent non-specific offence for cyclists.
In Gear: care to give a professional opinion on this?
If they had accident and failed to observe provision of cycle lane - this would be taken into account in any investigation. If injury is caused to a person by cyclist (usually "pedalling furiously" ) then there is an offence under s 35 of Offences Agaisnt the Person Act of 1861.
1988 Road Traffic Act s 30 provides that cyclist under influence of illegal substance is guilty of an offence - triable summarily and fineable - bit no specific power of arrest in same way as user of powered motor.
This Act also provides that unauthorised bike racing on public highway is also and offence (s 31 (1) (4) (6) - consequence as above.
Can at pinch use s 12 of Licensing Act 1872 which creates offenceof being in charge of horse, cow,

(yup!), or any carriage on public highway whilst drunk!
There is also a specific offence of driving on footways which also applies to cycles under Highways Act 1835 s72.