Public footpath gone AWOL

Talk about anything.

Moderators: Bearbonesnorm, Taylor, Chew

User avatar
thenorthwind
Posts: 2605
Joined: Thu Mar 10, 2016 6:07 pm
Location: Newcastle

Re: Public footpath gone AWOL

Post by thenorthwind »

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?
User avatar
benp1
Posts: 4054
Joined: Sat Dec 07, 2013 7:36 pm
Location: South Downs

Re: Public footpath gone AWOL

Post by benp1 »

Wow, news to me that walking your bike along a footpath is wrong
User avatar
whitestone
Posts: 7864
Joined: Thu Dec 04, 2014 10:20 am
Location: Skipton(ish)
Contact:

Re: Public footpath gone AWOL

Post by whitestone »

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
Posts: 2380
Joined: Thu Dec 15, 2016 7:52 pm
Location: Peoples Republic of Devon

Re: Public footpath gone AWOL

Post by lune ranger »

Mistake
Last edited by lune ranger on Tue Aug 04, 2020 11:43 am, edited 2 times in total.
If you are going through hell, keep going.
WSC
ericrobo
Posts: 500
Joined: Tue Feb 26, 2013 6:40 pm
Location: West Pennine Moors
Contact:

Re: Public footpath gone AWOL

Post by ericrobo »

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
Posts: 3630
Joined: Fri Aug 30, 2013 10:49 am

Re: Public footpath gone AWOL

Post by Lazarus »

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.
User avatar
Wotsits
Posts: 1379
Joined: Fri Oct 25, 2013 6:49 pm

Re: Public footpath gone AWOL

Post by Wotsits »

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..
Ever Feel Like You're Being Orbited?!
User avatar
macinblack
Posts: 642
Joined: Mon Jul 21, 2014 8:02 am

Re: Public footpath gone AWOL

Post by macinblack »

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.
Post Reply