I felt compelled to respond to a recent article published in our local village circular:
Balsham Review June issue 2011 - Parish Council Section: [Information from Cambridgeshire County Council]:
“A public footpath allows people to walk on foot, this does not include the right to cycle or to wheel cycles with them. This may be allowed by a particular landowner, but they are within their rights not to welcome cyclists on a Public Footpath. Technically, cycling on a footpath is a trespass against the landowner. A pushchair or mobility aid is not included in this trespass as this would merely be the person or child’s way of getting around due to walking difficulties.”
As stated “or to wheel cycles with them” leaves little doubt about the Councils’ position. However, there seems to be a slight disparity with the statement on CCC’s website, with a slight subtlety in the wording leading to a question of interpretation (ie. CCC’s understanding) of the law:
http://www.cambridgeshire.gov.uk/environment/countrysideandrights/public/
“Footpaths for walkers are normally marked with a yellow arrow. You have the right to walk along a footpath with a normal accompaniment (e.g. a dog, a pram or a wheelchair). It is our understanding of the current law that you may not, however, wheel a bicycle along a footpath. You do not have the right to ride a bicycle, ride or lead a horse, or take a horse-drawn carriage along a footpath (this is a 'trespass' against the landowner). It is a criminal offence to drive a motor vehicle along a public footpath unless you have specific lawful authority”
I would respectfully request that the Parish Council (along with Cambridgeshire County Council) clarify whether - wheeling a bicycle along a footpath - is - a 'trespass' against the landowner –. If so, please provide the legal basis (with case references) and also a clarification of the nature of the offence and any likely penalty.
It seems a shame that we’re too easily seeded with the fear of becoming law breakers for merely wishing to cycle (and now even wheel a bicycle) to work/school/wherever slowly and safely along our quite village footpaths, obviously not every footpath is suitable for either cycling or wheeling a bicycle and hopefully commonsense usually prevails (countryside code, livestock, walkers etc.). A legal alternative is of course risking our necks on the road, I’m not sure I fancy that option looking at the stats:
Balsham Review June issue 2011 – Local Police Activity:
“26April: Linton Road: 12.5% speeding; Balsham Road: 37% speeding; High St, West Wratting: 12% speeding.”
“06May: Linton Road: 13% speeding; Balsham Road: 21% speeding.”
For a balanced discussion on this subject, other references:
The CTC (UK’s national cyclists’ organisation):
http://www.ctc.org.uk/resources/Campaigns/10_Public-footpaths__brf.pdf “There is good evidence, although no direct case law, to support the view that pushing a cycle on a footpath is not illegal”.
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4495“Footpath: open to walkers only, although you may push a bicycle along one.”
“Bridleway: open to walkers, horse-riders and cyclists, although cyclists must give way to other users.”
“Byway Open To All Traffic (BOAT): open to walkers, horse-riders, cyclists, carriage-drivers and motorised vehicles (which must be fully licensed for on-road use).”
“Permissive Route: depends on what the land owner has given permission for. “
