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PostPosted: Fri Aug 06, 2004 11:03 
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I read an article in the Daily Express that the Government is planning to fine motorists who block cycle lanes.

EXCUSE ME! I'm fed up with this bias in favour of those reckless
lycra-clad lunatics who have little or no road sense at all. It's high time they were properly licensed, taxed and insured!

Oh and by the way, according to the Highway Code, Cyclists MUST use a cycle lane where one is provided. A lot of them break the law by not using them where provided.

Cyclists may only ride bicycles on the pavement if part of the pavement is marked as a cycle lane.

Cyclists may not cross a pedestrian crossing unless they dismount and push the bike across.

AND CYCLISTS MAY NOT PROCEED THROUGH TRAFFIC LIGHTS IF THE LIGHTS ARE AT RED!!!

It's high time the police turned their attention to catching these careless idiots and fining them instead of motorists. And why should my road tax go to make more cycle lanes if cyclists can't be bothered to use them? :x


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PostPosted: Fri Aug 06, 2004 21:21 
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Colinjg wrote:
Oh and by the way, according to the Highway Code, Cyclists MUST use a cycle lane where one is provided. A lot of them break the law by not using them where provided.


Are you sure?

Quote:
Use cycle routes when practicable. They can make your journey safer.

....

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.


Can't see anywhere it says they must use cycle lanes where provided.


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PostPosted: Sat Aug 07, 2004 19:38 
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Rule 49:
Quote:
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; if it is possible to keep within the cycle lane, cyclists must keep within it. Colinjg was talking about cycle lanes not cycle routes. AIUI, the former are lanes dedicated to cyclists that form part of roads that also contain lanes for motor vehicles. Most cycle routes are dedicated rights of way along which motor vehicles are prohibited. However, I have also seen cycle routes that follow the "back roads", so avoiding the primary routes.

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PostPosted: Sat Aug 07, 2004 19:58 
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Colinjg wrote:
Oh and by the way, according to the Highway Code, Cyclists MUST use a cycle lane where one is provided. A lot of them break the law by not using them where provided.


Not using a cycle lane is not against the law. Unless you can show me otherwise.

willcove wrote:
Rule 49:
Quote:
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;


It certainly is not compulsory.


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PostPosted: Sun Aug 08, 2004 09:18 
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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?

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PostPosted: Wed Aug 11, 2004 20:13 
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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. :roll:


Can at pinch use s 12 of Licensing Act 1872 which creates offenceof being in charge of horse, cow, :lol: (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.


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PostPosted: Wed Aug 11, 2004 21:17 
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IG, thanks for the enlightenment.

This Act also provides that unauthorised bike racing on public highway is also and offence (s 31 (1) (4) (6) - consequence as above.
I wish we could do something about the "time trials" that take place on many open public roads every Sunday during the "season". However, the local cycle club says that time trials are not races and so do not require authorisation!

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PostPosted: Wed Aug 11, 2004 22:19 
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Have you checked whether or not they have authorisation for council and local plod? Worth a shot if real nuisance and no safety precautions. :roll:


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PostPosted: Wed Aug 11, 2004 22:41 
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In Gear wrote:
Have you checked whether or not they have authorisation for council and local plod? Worth a shot if real nuisance and no safety precautions.

Last year, after several time triallers "undertook" a line of slow-moving traffic by thumping on the roofs of cars to "encourage" them to move over (into the oncoming traffic!), I had a word with the marshalls at one end of the "course". It was apparant that they did not have explicit authorisation because they said they did not need it claiming, "time trials are not races under the Road Traffic Act."

BTW, it's worth mentioning that ironically the slow-moving queue of traffic was waiting to get past a cyclist (who was not a time trialler). One of the time triallers actually knocked her into the bank to get past. Even if time trialling isn't officially racing, I suspect that competitors have enough incentive to ride without due care and throw safety to the wind. IMO such events should certainly require authorisation (and risk assessment prior to that authorisation being given).

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PostPosted: Wed Aug 11, 2004 23:29 
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Do agree - have word with local council wallies and the plod again as well as cycle club. Have you written to local press over this - or even those freebie advertising local newsy things Check out local HSE as well for their input on potential dangers/risk assessment to public and triallers themselves.

Worth a try if this is as dangerous as it sounds.


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