Very cheeky on a unicyclist forum, but the other day I was was ‘told off’ by the Peterborough Street Wardens for pavement cycling as he “could kill someone” - Does somebody know what the law is on this?
Also…completely off the subject, but while i’m here…I’m in a band too, and we have the chance to play the Cambridge Corn Exchange (One day I do wish to master playing my bass, whilst on my unicycle!)
We have been selected to get the chance to play at the Cambridge Corn Exchange, at a concert in memory of a close friend of theres Tom Jones - who was a legend in the area, who played in another successful band!
We need to get into the top 7 bands, to be able to play the gig, and being so close to Tom, we would love this. The other bands on the bill, as far as we are aware didnt even know Tom so are doing it for the wrong reason!
So if your feeling bored, check the band out - myspace/blackmarkethieves, and if your feeling super generous then please vote for us using the link under the Bio on our website (its quite big!) We would also appreciate any comments that you have about the band. On the other hand - If you dont like the band, but are still feeling extra bored after reading then please still vote!!
Thanks for taking the time to read, and if anybody does have an answer to my above question, I’ll be very greatful!!
Andrew
presumably you retorted that driving along the road in a car ‘could kill someone’?
there has been some discussion of this, not least because a forum member was ticketed and fined in london for uniing for a short stretch on the pavement. It is genreally believed that this is a legal loophole, but that taking the matter to court would cause this loophole to be closed forever. As it was only a telling off, I wouldn’t worry too much.
Not sure on the law RE: unicycling. I was stopped a few times by the plod years ago, both for riding on the path, and riding on the road. I got bored of getting stopped, so i started to stop them and ask where I stand as a unicyclist in regards as to whether I should ride on road or path, and none had a ‘‘the law says’’ answer, it all seemed to be down to the officer who see’s you. I also asked if kids were allowed to ride on the paths, to which they replied yes, then I point out that they go faster than I can and have less controll of their bike than I do of my uni. I haven’t been stopped for ages now, lol.
There are a few things to consider when it comes to riding on the pavement.
First, is a unicycle classed as a bike? In Hampshire the police would say yes. A guy on the Isle of Wight wrote to his head police guy and asked. The reply was that he would class it as a bicycle, but he would not fine you for not having brakes as we have direct drive. I don’t think this is legal precedent, but you will get an FPN (fixed penalty notice) for riding on the pavement or without lights, reflectors, etc.
Now the actual law states bicycles, tricycles, velocipedes, and similar. (or something to that effect). I would say that we fit into that description of similar. This is good for us as it means we get all the protection a cyclist has.
Another thing to realise is that we don’t have to always ride on the road. The law for that one says you are not allowed to ride on any path next to a carriage way. So, any path that isn’t adjacent to a road is ok. Some areas have specific bylaws against cycling on these paths, but you’d have to check with your council. Just putting up a sign wouldn’t cut much mustard.
Finally, although it won’t work with a lot of the ticket givers (especially if you’ve explained the law paraphrased above, to them), they have a choice on whether to give the ticket or not. A briefing went out when they got the ability to give FPNs, it said that it was not meant to punish those responsible cyclists that sometimes felt a need to use the pavement, but for those who used it in a reckless way and endangered others.
I once had a PCSO (jumped up power hungry git) once screech his car to a halt on the wrong side of the road, jump out onto the pavement and then open his arms to not let me pass. telling me that i shouldn’t ride my bike on the pavement as i could hurt people… There was no one else on the pavement apart from me and him. He didn’t give me a ticket which was jolly nice of him.
Now, i did the research for this maybe two years ago, so i doubt all the facts ring completely true. I can’t find my sources and i’m definitely not a lawyer, but i think i got the jist of it right. You may want to check for yourself.
EDIT: just saw Fraggle’s post. Pretty damn sure the letter was from the IOW and it said unicycle on the path was a bad thing, but as you said, the police officers don’t know this and a rational and polite discussion can sway them. I like your aggressive defense. Might try it myself every time a cop looks like they want to pull me. Doesn’t happen often though, the last one that stopped me wsa just checking i was ok and asked for a demonstration.
Thanks for the replies - I haven’t had chance to read the long one yet as I’m at work, but will do so later.
In response to the first comment, I was originally stopped by one Street Warden, a nice lady who asked me to get off, I explained to her that I’v always been under the impression it is classed as a pedestrian. She then called over a police man on patrol and he agreed and said its the same thing as a 3 wheel car being classed as a bike! I continued to ride, and then later on another street warden stopped me with bad attitude from the outset, and told me to get off, I explained the situation, and his response was ‘Get off it, or you’ll end up killing someone, and you’ll be the one in court!’
Personally - I think some people are just jelous. The response from other people is usually great.
Thanks to everyone who has voted also- I know its a little off topic, but its something else close to my heart!
In New Zealand the Police have attempted to give me a ticket for riding on the footpath/sidewalk/pavement. The officer issued me a standard bike ticket for no lights at night and riding on the footpath, although strangely he knew not to charge me for a helmet. I told him that in the Land Transport act, a Bicycle has two or more wheels, and therefore a unicycle is not a bicycle. The officer was adamant that he was right and he didn’t want me to tell him how to do his job. A pedestrian came to my aid and told the Police officer he was wrong. I told him that he can expect to see me in court because there is no way I would pay his wrongly assigned ticket, and he said I will get it in the mail.
I never got any ticket, and I went in to the Police station and they verified that I was right and that I was not going to get a ticket.
Another time I got caught going through a red light on my 36" Unicycle. I refused to pay the $150 ticket on the grounds that it was not a Bicycle. The officer had written: Vehicle type bike, Vehicle make unicycle. I wrote to the infringement authority and asked for the ticket to be dismissed because it was clear I was not riding a bicycle. They said to me that I was issued the ticket for a vehicle infringement and that I would still have to pay. I wrote back requesting a court appearance.
In court, the Police tried really hard to make the act of riding through the red light sound dangerous. They stated how busy it was- it was lunch time in the middle of town. They produced all sorts of irrelevant information about what the stationary traffic was doing. I told the Justices that a unicycle is not a vehicle or a bicycle, and quoted the case of Morley Vs the Police in 1996, in which Sugra was charged with reckless use of a thing and got off. The Police also tried to quote that case and provided a printed version of it for everyone to read. The justices deliberated, reading the document, came back and dismissed the case.
So going to court will not necessarily close the loophole. The Police will still have to prove that you are being dangerous on the footpath before they can make any ridiculous new laws telling you not to ride there. The safest place to ride is often the footpath so I don’t think that will happen any time soon- especially if you are a young person on a 20" unicycle- to be forced onto the road is surely far more dangerous! Your laws in your country may be different to ours however.
Tarmac (short for tarmacadam, a portmanteau for tar-penetration macadam).
Despite passing hundreds of coppers uni-ing on the pavement (me, not them) I have never been stopped by one. I have been made to get off my uni once though by a power crazed ‘street warden’ bloke in hi-viz gear.
I was cycling across a deserted (it was a rainy Sunday) piazza when I heard an angry ‘GET OOOOFFFFFF THAAAAAT!’ and one of three yellow specks in the distance started making its way towards me.
I acted dumb and started to hover. He was quite fat, with a bald head and looked like the typical failed-bouncer type. I considered doing a circus routine for his two approaching companions of pretending to flee, flailing my arms above my head in mock fear while cycling around in circles. Wish I had.
He approached and repeated that I get off as he had instructed. When I asked ‘ffs, why?’ he shouted back ‘Because I have the AUTHORITY!’, exactly like Cartman. Surpressing a laugh I said, ‘But why? What am I doing wrong?’ He said I was not allowed to cycle (quickly correcting this to unicycle) as he saw me start to open my mouth. His comrades had joined him now and he looked more sure of himself until I said
That is what I thought, but it seems we are not classed as a pedestrian either. Also they can’t change what is written on a ticket after the fact. The Police would have had to use the appropriate wording on the ticket otherwise I could have argued that they were doing things without complying to proper procedure. Ironically the fine for jaywalking is the same $150 as the fine for going through a red light. Unicycles may ride free! It seems we are currently in a grey area. I am allowed to cross when the pedestrians cross cos I’m allowed on the footpath, and I’m allowed to go when the light is green if I’m on the road- so each one cancels out the other ones fine. Because of that greyness the red light is also fair game.
As long as we are setting a great example for others by riding a carbon neutral form of transport and getting out there and respecting other road users, I don’t see any reason for laws being changed. Give way to everyone and ride safely!
P.S. I’ve encountered a lot of security guards who seem a bit overzealous in enforcing anti-cycling policies. Heaps of friendly ones too but some people just seem to want to make the most of any power they are given when they put a uniform on.
