Public footpath gone AWOL

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thenorthwind
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Re: Public footpath gone AWOL

Post by thenorthwind » Tue Aug 04, 2020 10:15 am

Lazarus wrote:
Tue Aug 04, 2020 9:37 am
though of course you could do this by standing still on foot and being an arse
That would be criminal trespass though, right?

benp1
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Re: Public footpath gone AWOL

Post by benp1 » Tue Aug 04, 2020 10:21 am

Wow, news to me that walking your bike along a footpath is wrong

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whitestone
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Re: Public footpath gone AWOL

Post by whitestone » Tue Aug 04, 2020 10:53 am

They also say that because cycling on a footpath has been held not to be a public nuisance, then because of what was decided in Jones that to do so must be lawful, this is not the case as there is a specific offence of riding, driving or leading a carriage on a footpath.
So if the sharks don't get you the crocodiles will :roll:

Has there been a case of criminal damage brought about by cycling on a rural footpath? I'd reckon both parties would have to be pretty arsey for something to even get to court. In fact have there been any cases brought about due to simply riding a bike on a footpath? Even if the cops were called you'd most likely just get a bollocking and told not to do it again.
Better weight than wisdom, a traveller cannot carry

lune ranger
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Re: Public footpath gone AWOL

Post by lune ranger » Tue Aug 04, 2020 11:24 am

Mistake
Last edited by lune ranger on Tue Aug 04, 2020 11:43 am, edited 2 times in total.

ericrobo
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Re: Public footpath gone AWOL

Post by ericrobo » Tue Aug 04, 2020 11:30 am

If you are on a footpath (pushing a bike) because it links to a BW, or to a road, then the bike IS a reasonable accompaniment....

Too many small minds around...

Lazarus
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Re: Public footpath gone AWOL

Post by Lazarus » Tue Aug 04, 2020 12:03 pm

That would be criminal trespass though, right?
Yes as you are stopping others from exercising their rights - like blocking the road- yes you can legally be there but you cannot legally block it for others who can legally use it
Has there been a case of criminal damage brought about by cycling on a rural footpath?
Not that i am aware of and i agree it would take two particularily beligerent individuals to end up in court.

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Wotsits
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Re: Public footpath gone AWOL

Post by Wotsits » Tue Aug 04, 2020 12:11 pm

All seems nuts to me!

Is it also 'illegal' to push your bike whilst on a pavement? What do you do instead, step onto the road & risk getting run over? If you're pushing your bike whilst on a road are you no longer a pedestrian?

Even though riding on footpaths is a no-no, always thought that for it to be an issue, you had to be 'causing damage', or wanton & furious cycling!

The law just seems to be antiquated & almost not fit for purpose with regard to 'off road' cycling..

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macinblack
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Re: Public footpath gone AWOL

Post by macinblack » Tue Aug 04, 2020 12:17 pm

I doubt anyone would ever get prosecuted for cycling on a footpath (as opposed to a pavement.) Courts recognise that some laws are perverse in modern context and so I doubt that any CPS lawyer would run such a case, it will fail almost certainly at the test of in the public interest. So unless your cycling activity has an aggravating feature, I'd say you were safe. Of course there is a time and a place and so bullishly cycling along a footpath were there are lots of walkers is breaching Rule 1 and potentially a trigger for Section 72 & 78 of the Highway Act.

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