REPORT BY TIM NEWBERY

10th February 2018

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Donation to Sustrans

Following the motion submitted by Trevor Halstead to donate monies to Sustrans at Cycling UK Lincolnshire’s AGM in November 2017, and the majority vote in favour, the Committee agreed to donate £200 to the East Midlands branch. Most of our members use the National Cycle Network within the East Midlands, and more widely across the UK, and it was felt we could support the charity by donating the money given to us by National Office.

Indeed, the aims and vision of both Cycling UK and Sustrans are quite similar in getting more people out cycling in a safe environment. There are differences in how this is to be achieved naturally and Cycling UK believes in our rights to use the whole variety of 'highways' as laid down by law, but it’s important that both organisations work together to achieve that shared vision.

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Cycling UK Vision

Cycling UK’s vision is of a healthier, happier and cleaner world, because more people cycle.

We want people of all ages, backgrounds and abilities to be able to cycle safely, easily and enjoyably.

Cycling UK has championed the cause of cycling for well over a century. We promote all forms of cycling, protect the interests of existing and would-be cyclists, and inspire people of all ages, backgrounds and abilities to discover the joys of cycling.

 

Sustrans Vision

A UK-wide Network of safe, traffic-free routes connecting and crossing settlements and countryside, inspiring a new generation to get on their bikes.

 

Tim Newbery was invited to attend the Sustrans Volunteer Meeting held in Lincoln on Saturday 10th February 2018. The event was well attended and it gave participants the chance to discuss ongoing projects, such as the review of the National Cycle Network of which there are 14,000 miles! Maria, the local co-ordinator discussed the ‘Greener Greenways’ project increasing the biodiversity along NCN’s, to include NCN 1 that runs through Lincolnshire such as at Skellingthorpe. It was stressed that Sustrans cycle rides this year (2018) would focus on encouraging less confident cyclists and families, and to that end distances would be reduced and be made manageable for all. It is hoped that there would be an organised cycle ride to Fledborough Viaduct in early July.

It was also noted that the ‘Danelaw Project’ was soon to be taken to it’s next phase. This project is the delivery of a MultiUser Path (MUP) which extends from the East Lindsey coastline along the Louth Navigation and then connects with the Water Rail Way MUP (potentially via the disused GNR Louth to Bardney train line), providing access for pedestrian, cycle, equestrian and disabled users.

 

The donation of £200 was received by Sustrans Head Of Network Development (Midland and East), Gwyneth McMinn, who said:

“Our recent event was well attended by Lincolnshire and Nottinghamshire volunteers and I’d particularly like to thank Tim Newbery from Cycling UK Lincolnshire for the kind donation. Their aims match our own vision to get more people cycling. As such it’s important that both organisations work together to achieve that shared vision. I’m looking forward to attending Cycling UK Lincolnshire’s Annual General Meeting in November to affirm that commitment.”

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The Sustrans website article can be found HERE

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THE RIGHTS OF CYCLISTS ON FOOTPATHS AND FOOTWAYS

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23rd March 2018

Melanie Carroll representing Cycling UK Lincolnshire was interviewed on BBC Radio Lincolnshire on 23rd March to discuss the thorny issue of cyclist's rights, or not, of riding on footpaths and footways. What's legal or not? You can hear her chat with Rod Whiting on the Breakfast show. Download the interview HERE.

The article starts at approx 2:08 with Melanie on at approx 2:12 minutes.

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Trevor Halstead was also interviewed on the same subject on Siren Radio, Lincoln's community radio station based at the University of Lincoln. The programme, 'City Vibe', was aired on Friday between 5.00 pm and 6.00 pm and you can listen to the recording HERE. The article starts at about 28 minutes.

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What's Legal or not?

It's a bit of a minefield not only dealing with legislation and law, some of it archaic, but also the definition of carriageway terminology.

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Bicycles are, in law, carriages (as a consequence of the Taylor v Goodwin judgment in 1879). Section 85 of the Local Government Act 1888 extended the definition of “carriage” to include “bicycles, tricycles, velocipedes and other similar manually propelled machines. Technically speaking, a ‘road’ is a ‘carriageway’.

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It might be of interest to note that legislation doesn't refer to 'pavements', so it might be best not to use this term. Americans and UK civil engineers consider ‘pavement’ to be the road. Sidewalk is a good, descriptive word but deemed too American for UK usage. Highway Code Rule 64 which states "You MUST NOT cycle on a pavement" just shows how tricky the terminology can be. Rather than 'Pavement' it might have been best for the publication to have used 'footway' to save confusion and ambiguity.

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We need to be clear from the start of the important difference between a footway and a footpath.

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A Footway : Means a way comprised in a highway, which also comprises a carriageway, being a way over which the public has a right of way on foot only [Section 329(1) Highways Act 1980]. So, in towns, cities and urban areas, technically, we have footways, not footpaths.

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In summary, 'footways' are paths alongside roads set aside for pedestrians and it is an offence to cycle along them.

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The primary legislation which makes cycling on a footway an offence is Section 72 of the Highway Act 1835, this provides that a person shall be guilty of an offence if he “shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway.” The object of Section 72 Highways Act 1835 was intended not to protect all footpaths, but only footpaths or causeways by the side of a road, and that is still the case as has been ruled in the high court. While all other parts of the 1835 Highway Act have been either amended or repealed, section 72 remains in force.

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Cycling on footways (a path at the side of a carriageway) is therefore prohibited by Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888. This is punishable by a maximum fine of £500 or more commonly a fixed penalty notice (FPN) of £50. The legislation makes no exceptions for small wheeled or children’s cycles, so even a child riding on a footway is breaking the law. However, if they are under the age of criminal responsibility (10 years of age) they cannot, of course, face prosecution.

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• Fortunately, when FPNs were introduced for footway cycling in 1999, Home Office Minister Paul Boateng issued guidance saying that: "The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the footway out of fear of traffic and who show consideration to other pavement users when doing so. Chief Police Officers who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required".

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• The Home Office guidance was re-affirmed in 2014 by the then Cycling Minister Robert Goodwill, who agreed that the police should use discretion in enforcing the law and recommended that the matter be taken up with the Association of Chief Police Officers (ACPO). ACPO welcomed the renewed guidance, circulated it to all forces, and issued a statement referring to "discretion in taking a reasonable and proportionate approach, with safety being a guiding principle"

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To summarise, cycling on footways is an offence, but there is clear guidance that the police are supposed to exercise discretion!

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Note: Anyone pushing a bicycle on a footway is a "foot-passenger" (Crank v Brooks [1980] RTR 441) and is not "riding" it, so if in doubt, dismount and walk.

 

A Footpath : Means a highway over which the public have a right of way on foot only, not being a footway [Section 329(1) Highways Act 1980]. Generally, this means walking routes away from roads, say in the countryside.

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Cyclists can ride on bridleways, but not on countryside footpaths, as cyclists have no legal right to cycle on footpaths away from the road. To do so is a civil tort (of trespass to land), ie not a criminal matter, the landowner has to sue the transgressor for damages (of which there’s likely to be none). Therefore the ‘fixed penalties’ brought in a few years ago do NOT apply to country footpaths where there is no road. If however, a local by-law or Traffic Regulation Order (TRO) covers a particular, specified footpath, then it can make it an offence. Fixed penalty notices also cannot be applied to areas such as parks, shopping precincts etc., again unless a by-law or TRO has been passed making cycling in such areas an offence.

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Some footpaths are regularly used by cyclists and if enough cyclists use a footpath in this way without the landowner challenging them for (usually) 20 years, then a restricted byway may be claimed through 'presumed' rights' under Section 31 of the 1980 Highways Act.

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See Cycling UK's briefing notes. 

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A Cycle Track : Means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1972) with or without a right of way on foot [Section 329(1) Highways Act 1980]. The words in brackets were inserted by section 1 of the Cycle Tracks Act 1984. Cycle tracks may be created through conversion of a footway or footpath or newly constructed.

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Because Cycle Tracks are often signed poorly, it can be difficult to know where one starts and then stops. For instance, how far does the remit of a traffic sign extend? Ultimately it depends on the wording of the Traffic Regulation Order (TRO) which brought the cycle path into existence.

It could happen that someone might start to ride on shared-use footway/cycle path after seeing an approved ‘Cycle path’ sign, assuming that they could continue to ride on the path until they saw a sign declaring it was no longer a cycle path, but as this sign was missing inadvertently continue onto a section of footway not included in the original TRO. In such a case they could very probably avoid prosecution for cycling on the footway if they highlighted the absence of the required sign. Then again, as a cycle path is supposed to be equipped with repeater signs as well the police might argue that once someone was riding on a section of footway with no cycle path repeater signs, they should assume it was no longer a cycle path and use the road instead!

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What about prams, pushchairs, wheelchairs, motorised wheelchairs and mobility scooters?

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Very few legal precedents exist. A case in 1861 at Bristol Assizes concerned a particularly difficult owner who tried to remove a lady who was pushing a pram along an urban footpath (footway). The judge advised the jury that if pushing a pram constituted driving a carriage then the owner would be justified in removing her as the right of way was on foot only. However, the jury concluded, and the judge agreed, that pushing a pram was not driving a carriage but merely associated with walking. Thus his view that the owner could have removed a carriage driver has only the status of an obiter dictum (things said by the way, not legally binding-persuasive only).

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It would seem that pushchairs and prams are used by 'foot passengers' in the same way as pushing a bike rather than riding it. Similarly manual wheelchairs. Thus, the user may take with them what is termed as a "natural accompaniment"
Motorised wheelchairs and mobility scooters are permitted as long as they satisfy certain restrictions in use, including limiting speed to less than 4 mph and showing consideration and priority to pedestrians.

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Cycling UK Viewpoint on Use of Footpaths

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• Cycling UK believes that it is acceptable for cyclists to use footpaths, provided they do so in a manner which respects the safety of other path users and their peaceful enjoyment of the outdoors, and with regard for the environment and its ecology. These are the circumstances in which Cycling UK believes it is acceptable for cyclists to ride on footpaths:

  • Where the surface and width of the path make it eminently suitable for safe cycling without causing disturbance or risk to pedestrians; or

  • Where the path is lightly used, such that the likelihood of disturbance or risk to pedestrians is minimal; or

  • Where a path is unlikely to attract such high levels of cycling that it will cause environmental damage (notably erosion); or

  • Where there is a reasonable belief that the footpath in question might already carry higher rights, for example: where there is historic evidence (e.g. through enclosure award maps) demonstrating past use either by horses or by vehicles; where the path is shown on OS maps as an ‘Other Road with Public Access’ (ORPA), indicating an assumption that higher rights may exist; where there is regular use by equestrians, motor vehicles and/or by other cyclists.

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Is it legal for a cyclist to ride across a zebra crossing?

 

It is not illegal (some local by-laws may apply) to ride a pedal cycle across a zebra crossing, but rule 79 of the Highway Code says cyclists should dismount and wheel their cycles across a pelican, puffin or zebra crossing. Equally, in law, if you did cycle across a zebra crossing then you are not a ‘pedestrian’, so a motorist who fails to give way to you won’t be committing an offence if they cut in front of you – case law precedent if you are interested is Crank v Brooks (1980 RTR). 

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Sources:

Cycling UK

https://www.cyclinguk.org/article/whats-legal-and-whats-not-your-bike

https://www.cyclinguk.org/campaigning/views-and-briefings/public-footpaths-england-wales

https://www.cyclinguk.org/article/campaigns-guide/cycling-on-footpath-trespass

https://www.cyclistsdefencefund.org.uk/fixed-penalty-notices

Bike Hub

http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/

Roads Were Not Built For Cars

http://www.roadswerenotbuiltforcars.com/

Cycle Law

http://www.cyclelaw.co.uk/cycling-offences-cycling-on-the-pavement-and-other-pedestrianised-areas

Department For Transport

https://www.gov.uk/government/organisations/department-for-transport

https://www.gov.uk/government/speeches/fixed-penalty-levels-for-motoring-offences

Highway Code

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North Hykeham Relief Road

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Subject to funding, the North Hykeham Relief Road (formerly the Lincoln Southern Bypass) would form part of the Lincolnshire Coastal Highway and link the completed Lincoln Eastern Bypass (at the A15 Sleaford Road) with the existing Western Bypass (at its junction with Newark Road), creating a complete ring road around Lincoln.

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Scheme Engagement

Lincolnshire County Council (LCC) are currently developing proposals and reviewing options for the North Hykeham Relief Road scheme, including carriageway width and provisions for those not travelling by car.

As part of this, LCC want to find out your views about the project and how it should progress.

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All completed questionnaires had to be received by 5 pm on Friday 29 June 2018.

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A report summarising the outcome of the engagement process will be made publicly available later in the year. These outcomes will be taken into account as proposals for the relief road are further developed.

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Overview

A dynamic regional hub that is central to local and national transport connection, the Greater Lincoln area is rapidly establishing itself as a vibrant place to live and work.

As the city grows, it generates more traffic, increasing the pressures on the existing transport network. The county council sees the North Hykeham Relief Road as part of the solution to help resolve this.

Funding for preparation of an outline business case, which will help the project team secure funding to build the relief road, was secured in July 2017. The report is expected to be completed by the end of 2018.

A 3D flight over the proposed route of the North Hykeham Relief Road.

Aims and Benefits

To assist the sustainable economic growth of Lincoln and Lincolnshire by:

• Improvements to the strategic road network

• Improving direct links to the Primary/Trans-European Road Network

To improve the quality of life in central Lincoln and in the settlements within the study area by:

• Reducing through-traffic

• Relieving traffic congestion

• Reducing traffic generation noise and air pollution

To maximise accessibility to central Lincoln by:

• Giving drivers more choice of routes to access or bypass Lincoln

• Providing an additional river crossing

• Reducing journey times for through-traffic travelling between areas to the east and west of the city

To improve road safety in central Lincoln and the settlements within the study area by:

• Providing an alternative, more direct route between areas to the east and west of the city, avoiding the city centre

• Improving links between primary route corridors and increasing the range of entry points to the city

• Reducing conflicts between heavy good vehicles, other road users, pedestrians and property

 

Cost and Funding

The scheme remains a long term aspiration of the county council subject to funding availability.

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Melanie Carroll, our Campaigns Officer, hopes as many as possible will fill in the questionnaire and mention cycling infrastructure: segregated, safe, practical, joined up, and maintained - suitable for all including disabled and those transporting children or cargo, and also pedestrian safety and equality of movement - again remembering vulnerable users. Let's not forget about those with limited mobility or family sized bicycles and last mile transport cargo bikes. Steep bridges, chicanes/bollards, and dismount signs need not to be part of the inclusion. Not forgetting pollution protection because moving pollution from the centre to the suburbs isn't a solution.

Only  if we get the numbers filling in the questionnaire will they truly get the message.

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OPERATION TANDEM

BBC RADIO LINCOLNSHIRE INTERVIEW MONDAY 19TH NOVEMBER 2018

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Melanie Carroll, Cycling UK Lincolnshire's Campaigns Officer, was live on air on BBC Radio Lincolnshire on Monday 19th November. Coinciding with 'Road Safety Week', Lincolnshire Police has announced "Operation Tandem". The operation is intended to educate drivers to give at least 1.5 m space when passing cyclists. "Keep them alive at 1.5" . Melanie discussed the importance of this operation with BBC Radio Lincolnshire's reporter Harry Parkin, live on Dixon Way in Lincoln. You can listen again to Melanie by downloading the interview HERE

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Six cyclists have lost their lives on Lincolnshire's roads since 2016 and many more have been seriously injured, so Lincolnshire Police see the launch of Operation Tandem as an important way of tackling this problem.

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It was interesting to learn that 27 drivers were pulled over in the allotted hour for driving too closely to a cyclist (many thanks to PCSO Kay for volunteering to be that cyclist). Great to see the Cycling UK close pass mat being put to good use.

 

Assistant Chief Constable Shaun West said "Essentially we want to get away from thinking that you can just squeeze through. That is potentially a life and death decision. We have a lot of traffic, a lot of bends to negotiate and lives are lost every year due to bad decisions. With Operation Safe Pass we want to get the phrase 'keep them alive at one point five'  to leap into the mind of any road user who is about to overtake a cyclist. Cyclists and drivers are sometimes seen as opposing groups but with Project Tandem, we send a clear message that we need to use the road safely, alongside each other. It doesn't matter if you are on two wheels or four, we can all make changes to improve safety. Patience, sound judgement and respect are what we want from anyone using our roads".

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BBC Look North also covered the event and Peter Levy interviewed Cycling UK's Head of Campaigns Duncan Dollimore. It was allegedly an aggressive piece of journalism and could have been interpreted as inciting poor relations between roads users. Cycling UK's Vice Chair Jaki Lowe said "We all need to work together to create harmony on the roads".

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CYCLENATION AND CYCLING UK'S CAMAIGNERS' CONFERENCE

BIRMINGHAM, SATURDAY 24TH NOVEMBER 2018

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This is Cyclenation and Cycling UK's annual campaigners' conference, and was hosted this year by Push Bikes in Birmingham.

This year's conference included information about Manchester's Beelines, and the Low Traffic Neighbourhoods campaign by Living Streets and London Cycle Campaign. Wheels for Wellbeing talked about their design guidance for inclusive cycling, and Cycling UK explained their new national campaign for funding for cycling. There were discussions on communications strategies for campaigning, such as using social media and giving media interviews, and how to get our message across to political parties.

 

Melanie Carroll was a speaker as part of a Q&A workshop at the Cyclenation campaigners conference in Birmingham on the 24th November on being involved with and raising awareness of local highways consultations, especially in an area that has highways authority outside of the local council structure (and an authority that doesn't use the consultation hub that most other councils now do).

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Melanie's Report:

On the 24th November the Cyclenation Campaigners Conference happened - this year held in Birmingham and organised by Pushbikes CC.

The day before had been for councils, local authorities and other agencies involved in sustainable transport, infrastructure, and town & road planning. On the Saturday this was the time for Cycle Campaigners and Activists to get together, listen to some great keynote speakers, and take part in an amazing line up of seminars and sessions dealing with things such as forthcoming updates to transport design standards, how to get businesses on side, disability and cycling, working with the media, and more.

For those not aware of who Cyclenation is they are a federation of local campaign groups that work to help local groups campaign and to represent them at the national and international level, the Cyclenation conference is also supported by Cycling UK who of course have a similar intent too.

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This was a conference to learn from others doing the work, to be encouraged, network and up-skill.
The opening talk set the tone with an incredible talk on climate change, air pollution, court action, and sustainable travel. It really relayed to all in attendance that what we do isn't just about making the roads safe for those who cycled, but more importantly making the roads safe so more can and will cycle because this isn't just about cycling, it's about health, well-being, and environmental impact.

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There were people there from all over the country - some having traveled for hours from Scotland and Bristol amongst other places to be there. The atmosphere was great with so many committed advocates in one room sharing their experiences.
The individual sessions, of which you had the choice to attend 4 out of about 12, were all really good and having to choose which ones to do was perhaps the only bad thing about the conference - they just were all so very good. (The programme and selection of sessions can be seen here http://www.pushbikes.org.uk/event/cyclenation-conference).

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I attended the session on the refresh of LTN2/08 given by Phil Jones. The LTN2/08 is the Local transport note (LTN) about creating the infrastructure to encourage cycling and to hear of the refresh work it's undergoing was fantastic as there is some really good material and guidance going into it on really improving safety for cyclists and pedestrians through the design of cycle infrastructure. This is work for cyclists being done by cyclists and it shows - now all we need is for our local authorities to really take on board this best practice material when it comes out.

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Next I went to the session on Inclusive cycling/Disability and Cycling run by Wheels for Well-being which was a wonderful whistle-stop tour through the history of disabled cycling - did you know the first cycles were actually designed by and for disabled people? and it then covered what is needed to make cycling inclusive for all, both in terms of understanding the difficulties and making the infrastructure right.

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Next up I attended the session run by Cycling UK's Duncan Dollimore on positive ways to engage with the media. Another great session with some very helpful tips and advice for all of those that need to get their work into the media, or who are approached by the local media on Cycling issues. A very good session.

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I didn't actually get to attend a fourth session as I had actually been invited to give one of the sessions. A talk and Q&A on 'Responding to Highways Consultations - where do I start?'. 
It was surprisingly well attended from people up and down the country, both those new to consultations and those well versed in them, and the Q&A was really good with people sharing experiences and knowledge around the group and helping each other.
The one thing that became clear is that this is an increasingly important activity for cycle campaigners - but it is also one of the hardest aspects and invariably somewhat frustrating and energy intensive. I learnt a lot too in that session.

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If you want to know more about the other great sessions and talks that went on then hop over to twitter and search on ##CNconf18 & #CycleAdvocate.

All I can say is that the energy, passion, and enthusiasm at the conference was brilliant to see and experience, and I would wholeheartedly encourage any cycle campaigners and Activists - current, just starting, or thinking about it - to attend next year's Cyclenation Conference, I know I will be - and I will be a better Campaigner for it.
Melanie Carroll.