Viewing 19 posts - 41 through 59 (of 59 total)
  • Civil trespass the law etc. I've just been threatened!
  • benman
    Free Member

    So how do so many people know exactly where this bit of footpath is from this description? Is there something I am missing?

    Yep:

    it’s the short footpath off bolehill up to the trig point

    🙂

    joemarshall
    Free Member

    So how do so many people know exactly where this bit of footpath is from this description? Is there something I am missing?

    He did say later on, but if you know that Wrightyson rides round there, it was pretty obvious from the first post anyway. Bit of an obvious grumpy landowner path with the great big no cycles signs he’s put up.

    Cougar
    Full Member

    I cannot comprehend the type of mind that has an issue with people using a bicycle rather than just their feet. There is not such a massive difference between them,

    I do understand, and sympathise with, people who object to bikers steaming down footpaths at something approaching escape velocity. Aside from the obvious danger to pedestrians etc, there’s also erosion issues, perhaps livestock issues, and so on.

    But that’s a world apart from pushing a bike across a bit of path, or even just gently pootling along. Unless it’s a case of tarring everyone with the same brush, I do generally wonder what goes through some people’s minds.

    ohnohesback
    Free Member

    My cleated foot…

    wrightyson
    Free Member

    Yeah I know the other way well. Lived in wirksworth as a kid and rode up br way before they cut the trees down. The only reason we cut that way is its on a loop over from shining cliff and it’s the quickest way up to the trig and all the downhill fun that follows on from there down to the canal.
    I shall just ignore the bloke if I come across him again!!

    buzz-lightyear
    Free Member

    If he starts to film you again, get your phone out and film him.

    yunki
    Free Member

    take two phones and film yourself filming him filming you, so that you can post it and we can watch it…

    crashtestmonkey
    Free Member

    I cannot comprehend the type of mind that has an issue with people using a bicycle rather than just their feet. There is not such a massive difference between them,

    Some people make it their lifes work. Google Mike Vandeman.

    GrahamS
    Full Member

    Shh shh shhhhhhhhhh…. if you say his name three times he’ll appear.

    miketually
    Free Member

    There’s nothing in legislation that says someone pushing a bike is a pedestrian, but there’s case law from when someone knocked over someone pushing their bike over a pedestrian crossing. The driver argued that the person injured was partially responsible as cyclists weren’t allowed to use pedestrian crossings, but the judge ruled that as they were pushing they were a pedestrian.

    It’s been assumed that this would apply to pushing bikes on footpaths also, but it’s never been tested in court because, as far as I know, nobody has ever been sued for damages over riding a bike on a footpath.

    Ecky-Thump
    Free Member

    We experienced a most satisfying moment on Sunday’s outing around Calderdale.
    It went something like this.

    Mr fat grumpy Red-Sock: “Do you know this is a footpath? The bridleway is over there”.
    (He points furiously as we approach)
    Riding buddy and I (in unison and both smiling cheerily): “Yes, thankyou” as we ride past him up the footpath.

    At which point Mrs Red-Sock bursts out laughing, which may have displeased Mr Red-Sock somewhat.

    redthunder
    Free Member

    Cut n Paste from that Cyclecraft Link..

    Worth knowing that…pity Monmousthshire CC doesn’t now about it either.

    Note on the law relating to pushing bicycles on public footpaths

    Based on Opinion by Counsel presented to a Public Inquiry in Milton Keynes, July 1997

    Section 72 of the Highways Act 1835 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 “.

    Section 85 of the Local Government Act 1888 extends the definition of “carriage” to include “bicycles, tricycles, velocipedes and other similar machines”.

    “Leading or driving” clearly does not apply to a bicycle. It would apply only to other types of carriage drawn by animals, or to a horse, ass, sheep, mule, swine, cattle, truck or sledge (which are also referred to specifically in Section 72). The only basis of the offence would therefore be if someone pushing a bicycle were deemed to be “riding” it.

    More significantly there is clear authority for the proposition that section 72 of the Highways Act 1835 only applies to footpaths which run along the side of a road (R v Pratt [1867] 3 QBD 64, followed in Selby v DPP [1994] RTR 157). In his judgment in Pratt, Mellor J states:

    “It is clear what the object of this enactment was: it was intended not to protect footpaths simpliciter, but only footpaths or causeways by the side of a road”

    This interpretation was accepted by the Court of Appeal in Selby, a case which concerned a motorcyclist sitting astride a motorcycle and ‘freewheeling’ down an alleyway which linked two roads but did not itself run alongside a road. In delivering judgment in the Court of Appeal, Henry J said:

    “It is clear from R v Pratt that they were bound to find that the alleyway in question did not constitute a footpath … and their finding on that point was quite right”

    Finally, there is clear judicial authority for the proposition that anyone pushing a bicycle is a “foot-passenger” (Crank v Brooks [1980] RTR 441) and is not “riding” it (Selby). In his judgment in the Court of Appeal in Crank v Brooks, Waller LJ stated:

    “In my judgment a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a ‘foot passenger’. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a ‘foot passenger’. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand. I regard it as unarguable the finding that she was not a foot passenzer “

    Furthermore, in his judgment in the Court of Appeal in Selby Taylor LJ noted that when the case was heard by the Magistrates:

    “… there was no evidence before them at that stage as to how that travel had been accomplished, namely, whether the appellant had been riding the motorcycle or wheeling it”

    It is therefore apparent that there is a clear difference between riding a motorcycle and wheeling it. Henry J had commented earlier in his judgment that what applies to a motorcycle must also apply to a bicycle.

    spacemonkey
    Full Member

    I remember an incident with a farmer about 15 yrs ago. I was walking my dogs across one of the usual fields when this kn0bber came tearing up to me and said “Your dogs have made holes in my fencing over there (points to woodland) … my sheep are getting out and you’re going to have to pay …”

    “Sorry mate but my dogs haven’t been anywhere near that fencing.”

    “Yes they have, I saw them making the holes.”

    “No you didn’t, you’re just making it up now.”

    “Ggrrrhh … you’ll pay for this …”

    “Listen mate, I’ve walked my dogs around here since I was a kid and have never been spoken to like that. Now pi55 off.”

    Was very surreal because he was just SO incensed yet had to make this sh1t up. Weird.

    zokes
    Free Member

    Apart from the usual “This is a footpath” / “Yes I know, silly isn’t it” conversations, my favourite was from a grumpy dog walker (with dog off lead near sheep) whilst I waited for them to get to the top of a hill before I descended

    DW: “There’s no bikes here!”

    Me, looking confused: “Funny, I’m sure I came here on one”

    DW: “No! There’s no bikes here!!!”

    Me, pointing at the bike I’m sat on: “Well, I’m sure this is one, if you’re lucky you might see some more. Have a good afternoon”

    buzz-lightyear
    Free Member

    Him: “there’s a sign says no bikes”
    Me: “yeah the AONB put them there last year”
    him: “you can’t ride here”
    me: “I just did. And have done for the last 20 years”
    him: “but the sign says you can’t”
    me:”the AONB are idiots”
    Him: ” you cause erosion, look!”
    me: “that’s hoof prints”
    him: “there are no horses around here “
    me: “you are an idiot”

    jekkyl
    Full Member

    lol good stuff, to the op, I’d have been so tempted to get on and ride back down the hill shouting ‘you’ll have to catch me first fatty’

    stevewhyte
    Free Member

    This kind of reminds me why englandshire is such a hole. Do your riding in a decent country.

    D0NK
    Full Member

    Do your riding in a decent country.

    yeah unfortunately a 3hour (each way) drive to get to a decent country is a bit much for a tuesday night ride
    🙄

    ourmaninthenorth
    Full Member

    My parents’ old neighbour was driving to work one morning when a policeman leapt out from behind a bush and into the road, causing the neighbour to stop:

    Plod: You’re speeding.
    Neighbour: Very slightly.
    Plod: There are pedestrians on the roads.
    Neighbour: No there aren’t. It’s 6.30 in the morning. There’s you and there’s me. And if you weren’t here, it’d only be me.

    I am still waiting for the chance to use that line….

Viewing 19 posts - 41 through 59 (of 59 total)

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