Brov'er Alan was caught and fined for riding on the pavement on his daily commute to work the other week, he just shrugged his shoulders and said "I was breaking the law, it was a fair cop" I on the other hand was a bit annoyed that he didn't put up more of an argument. Cyclists caught in this manner are soft targets for the Police who like nothing better than getting a quick and easy tick to say they did a bit of effective policing while we all know that in most cases cyclists are the injured party because the Police fail to clamp down on proper abuses of the law where road safety is concerned
Then on Sunday there was an article by James Daley in the Independents Cyclo-therapy column covering the same topic, If you are only armed with a bit of information on the subject then it's possible to have a good reason for being where you are and breaking the law!
Cyclo-therapy - Saturday, 17 January 2009
A few weeks ago, after I wrote in this column that I was prone to jumping a red light or two, I received an e-mail from a reader demanding that I turn myself into the police. Although I naturally wrestled long and hard with my conscience before deciding to ignore my correspondent's advice, karma soon came to get me.
Having been back on my bike for no more than 15 minutes after a two-week holiday in the United States, I ended up being handed my first cycling ticket – a £30 fine for riding on the pavement.
I have to say that I felt rather unlucky. As it happens, I rarely ride on the pavement. But in this instance, I hopped up for no more than 10 seconds after being squeezed off the road by an aggressive driver. Sadly, this very stretch of pavement happened to be just the place where two young coppers were spending their morning ambushing cyclists.
By the time I saw them, I was already back in the road. But alas; I'd already been spotted, and was ushered to pull over.
I think even the policeman who fined me knew that ticketing cyclists was a waste of his time, so he was very nice to me (not nearly as sanctimonious as most of the people who write me e-mails in reaction to this column).
And so, perhaps because he was so friendly, or perhaps because it was my first day back from holiday, I didn't even bother trying to argue – even after I noticed that his colleague was letting a pretty female cyclist go on her way without a fine.
However, once I got into the office, I remembered that I had a very good case for appeal.
You see, while riding on the pavement is technically illegal, the Home Office was careful to issue guidance about how and when cyclists should actually be penalised for doing so. And in a letter written back in 1999, Home Office minister Paul Boateng said the following: "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." In other words, it was not designed to fine people like me.
So I'll be taking Mr Boateng's letter down to court in a few weeks, in the hope of overturning my fine. Hardly worth the time for a £30 fine. But it's a matter of principle.
j.daley@independent.co.uk
On the situation of cycles being a threat to other pavement users ( a much quoted reason for cycles not being on the pavement)
The statistics show that cycling on the pavement, whilst it might be annoying, is not very hazardous to pedestrians. (These are the figures for pedestrian casualties for 2003, the latest I have available. They haven't changed much but overall road casualties have been going down)
V01 Pedestrian injured in collision with pedal cycle: 2 (Yes, TWO)
V02 Pedestrian injured in collision with 2 or 3 wheeled motor vehicle: 19
V03 Pedestrian injured in collision with car, pickup truck or van: 290
V04 Pedestrian injured in collision with heavy transport vehicle or bus: 109
Source: National Statistics Office.
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