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Wouldnt it have made more sense to give him a producer .As in turn up at the station with a set of lights and a receipt within a week or get fined ?
There is a specific offence of riding on the pavement.
I suggest you read the grey boxes on the attached link. Riding on the pavement is wrong BUT, you should only be fined if you are behaving in a manner likely to endanger others.
[url= http://road.cc/content/news/86534-spalding-police-crack-down-pavement-cycling-5am ]http://road.cc/content/news/86534-spalding-police-crack-down-pavement-cycling-5am[/url]
I'm not often a cheerleader for da fedz but in this case they've done your son a massive favour in my opinion. If that had been my son I'd be down that police station with a box of doughnuts to thank them for it.
I'm also glad that your son is poor and the fine will hurt - what's the point fining a millionaire £50? It won't give them a moment's pause to reflect on their behaviour.
On that discretion thing, I've noticed from my extensive viewing (blame the wife..) of those TV cop fly-on-the-wall things that the cops who come down hard and fine every offender for "minor" violations are often the ones the ones who get the unenviable task of knocking on family members' doors to break tragic news. Perhaps this cop has a thing for lightless cyclists that's driven by something you have the luxury of not knowing about.
Thanks for the suggestion. It is still a specific offence. Was he a "responsible cyclist who felt obliged to use the pavement due to fear of traffic"?
Also riding with no lights, whilst drunk is not responsible and could easily be argued as riding in a manner which may endanger someone.
Discretion is just that. "Guidance" on the application of law does not negate an officer's ability to exercise his or her legal powers.
Would the 'telling off' be enough of a deterrent to him that he would go out and buy lights on the back of it?
If it was me after a telling off I'd probably think 'yeah, got a telling off, but can risk that every 6 months to save me having to get some lights'.
But, if I got fined £50 I'd be thinking 'bollocks, got stung for £50. Better spend £20 on a set of lights so I don't have to spend another £50 next time i am caught'.....
Perhaps this traffic police bloke has seen the result of someone stuffed through a windscreen for not having lights on his bike?
Would the 'telling off' be enough of a deterrent to him that he would go out and buy lights on the back of it?
If it was me after a telling off I'd probably think 'yeah, got a telling off, but can risk that every 6 months to save me having to get some lights'.
But, if I got fined £50 I'd be thinking 'bollocks, got stung for £50. Better spend £20 on a set of lights so I don't have to spend another £50 next time i am caught'.....
Perhaps this traffic police bloke has seen the result of someone stuffed through a windscreen for not having lights on his bike?
^
What he said.
If not for the fine I am sure what ever was said would have been in one ear and out the other.
And you probably would not have heard about his brush with the law.
If he's riding on the pavement, in the dark, under the influence and with no lights then he's a hazard. Of course, context is everything - at 11pm it may seem harsh but the fact remains that there's a multitude of wrong going on there. Was he cheeky to the Police perchance?
He's fortunate to get away with a £50 fine IMHO but I agree that a caution is heavy handed.
Many years ago I rode a bike with no lights while I was very very pissed indeed. The police stopped me and had a pretty stern word. This is unsurprising as I'd just ridden right into the back of their patrol car, which was in the road, blue lights flashing, having just pulled a car over.
I got a letter a few weeks later saying that although there was enough evidence to charge me with being drunk in charge of a bicycle, it wasn't in the public interest to do so and I should be of good behaviour from now on. It must of worked because every time I've drunkenly crashed into a parked police car since I've had lights on!
Love it how roadies hate it when a car does something wrong and they must be burnt at the stake but if a roadie does then oh well give them slap wrist and forget about it!
Many years ago, I was pulled over at night with some friends by an off-duty officer - he spent ages ranting about how we were riding with no lights and he was going to arrest us all.
I pointed out that of course our lights weren't on - they were dynamos and we weren't moving because he had swerved in front of us.
A couple of years back the police did a scheme where they stopped cyclists riding without lights and gave them the option to buy lights on the spot or pay the fixed penalty. Seemed like quite a good idea to me
Was he cheeky to the Police perchance?
This,hence the FPN.
Just make up an name and address for the notice, tell them you have no id and be on your way. Notice can then go in the bin 🙂
It's a shame that the 2 officers in the police car who watched me get sideswiped by a car last week weren't so conscientious.
When I shouted 'are you going after him' and pointed at the car, the one in the passenger seat shrugged and they drove off.
Fail.
If your identity cannot be verified an FPN cannot be issued. You are then arrested in order to ascertain your details through further investigation. This is, however, a last resort.
Coulda breathalysed him.
No lights
Riding on pavement
? Drunk in charge of a bicycle (200 quid fine and something like 4 weeks in broadmoor)
So in his infinite wisdom he thought it was a good idea to get a bit pissed, get on his bike at night with no lights, and ride on the pavement?
And then when he got pulled its somebody else's fault?
I'm not seeing it tbh..
I would rather he rode home pissed on the pavement (with or without lights) instead of jumping in a car and driving home pissed.
eskay - Member
I would rather he rode home pissed on the pavement (with or without lights) instead of jumping in a car and driving home pissed.
To wobble across a junction with no lights or helmet on, poor judgement and spatial awareness and get knocked off by a car turning into the junction. Massive head injuries, coma, ruined bike, brain damage, life ruined and causing the driver and occupants of vehicle to have flashbacks and panic attacks for the rest of their lives.
Dad of the year.
Love it how roadies hate it when a car does something wrong and they must be burnt at the stake but if a roadie does then oh well give them slap wrist and forget about it!
It's a bloke riding a bike on the pavement. How does that make him a roadie?
He's a Pavie.
There is no power to breathalyse a cyclist. I would bet the £50FPN that he started arguing with them when they offered some words of advice. He hasn't been cautioned. They've told him to wind his neck in. There is a significant difference. If he feels its unfair or unlawful then he can ask to go to a magistrates court instead. Or he's told you a load of nonsense, been acting like a bit of a pissed idiot and has been let off lightly so would therefore end up being treated much more harshly by the person in a wig.
since when is riding on the pavement an offence, if your drunk i can understand, so long as your not being stupid and creating a nuisance of yourself i cant see the problem, as for lights, at least he had the common sense to stay on the pavement, why should that be a problem though, riding with out lights on the pavement, i dont see pedestrians walking around with head lights, ive done it a few times, ridden home in the dark on the pavement without lights, due to me visiting my son, and staying longer than i intended to so had to ride home in the dark, there is no way i would ride on the road in the dark, but staying on the pavement and doing 8mph i cant see the problem, ive also been knocked off my bike 6 times on the road due to ****s in cars, i didnt see the coppers being vigilant then , even when i gave them the cars reg number, so my attitude is f--k the police, i would rather pay a fine, than risk my life on the road, just because some jobs worth copper thinks i should be on the road, had this argument with a copper recently, soon told him to sod off, i mentioned how many times does he ride a bike on the roads, and may be before lecturing me he should try it first, i used to be a strong supporter of the police but not any more, plus ive seen quite a few times police officers riding their bikes on the pavements.
steviecapt - Member
since when is riding on the pavement an offence,
Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888, prohibits cycling on any footway. An offence is committed if one ‘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’.
One hundred years after the amended Act, cycling on a footway became punishable by a fixed penalty notice – usually £30 – under Section 51 Schedule 3 of the Road Traffic Offenders Act 1988.
Only since 1835.
you're* x 2 and without is one word, it's also usual to caplitalise an I and there's lots of commas not needed. 3/10
I'd have started the sentence off with a capital letter. Put a full stop where your comma was, and started off a new sentence with a capital letter. But agree with the 3/10 on the Rant-O-Meter. 🙂
The cops appear to have done their job, even if some of us aren't happy about it.
On the occasions when I have been stopped, in a car or with a bike, I find nodding and agreeing a lot and using the phrase "I won't do it again officer I'm sorry" has so far avoided any fixed penalties
So if he had only been doing 40 in a 30 in a car on a quiet road at 11pm would that have been okay?
If I'd done that in my car and been nipped by the polis I would have hoped to get away with a stern word but I wouldn't moan about it if I was given a FPN.
Struggling to side with the OP. Cycling without lights is dangerous, the law on this one is there to protect everyone
aphex_2k - MemberTo wobble across a junction with no lights or helmet on, poor judgement and spatial awareness and get knocked off by a car turning into the junction. Massive head injuries, coma, ruined bike, brain damage, life ruined and causing the driver and occupants of vehicle to have flashbacks and panic attacks for the rest of their lives.Dad of the year.
Man, are you a clairvoyant?
What if there was no junction?
I like the way you throw 'ruined bike' into that lot between coma and brain damage!
x2 morecashthandash
Anyone been handed a FPN for riding "cheeky" trails? Did you ride at night? How did you feel about it - fair cop guv or miserable plod? Did you have a Surly hip flask? Did you have the latest TROUT Photon Torpedoes? 😉
Pffft. You should have given him a second berating - for getting caught.
When I were a lad drunk in charge of a bike, the sight of the bizzies had me ****ing off super quick using my superior local knowledge of alleyways, cut throughs and hiding places (well one time anyway).
Nothing sobers you up like running from authority 😀
For anyone riding in Brighton this evening;
[i]BTN Beach Police ?@BTNBeach_Police
We're doing a "cycle" OP on Kings Road. Persons cycling on pavement will be ticketed![/i]
just so you know 🙂
sounds like a case of a) failing to spot the police (a common traffic offence), and b) failing the "attitude test"...
I must say I was all ready to pile into this thread with tales of heavy handedness by the police but 1) he does not appear to have received a formal caution which would involve a form filling exercise at the nick but an instant caution ie roadside chat and words of wisdom. 2) if he don't like the fixed penalty he can dispute it and have his day in court but he may well lose and someone may add in the ridding on the pavement charge which the officer appears to have not bothered with.
looking at the law I hazard a guess any one who rides a mountain bike at night is ignored a lot by the plod when not displaying one red one white and 4 amber reflectors in the correct places .
So if he had only been doing 40 in a 30 in a car on a quiet road at 11pm would that have been okay?
Are there any other Things That Are Not The Same you'd like to talk about?
So can we confirm once and for all:
It IS/IS NOT an offence to cycle on pavements. (Sensibly.)
Lets see.
Was he committing an offence?
Was the fine etc correct legally for the offence?
The he deserves it all and was lucky to get away with it.
[i]It IS/IS NOT an offence to cycle on pavements[/i]
it is unless the pavement is also a cycle lane.
In which case it isn't a pavement wwaswas. It's a cycle lane 😉
On the riding over the legal driving limit front there is no law against it unless you are clearly a danger to others and then I'm sure they will come up with something, that's what a copper reliably informed me anyhow, saying he rides after 5 or 6 pints regularly
I would rather he rode home pissed on the pavement (with or without lights) instead of jumping in a car and driving home pissed.
That's all very well, but totally irrelevant as he didn't have a car. So pretty pointless.
A more relevant comparison would be.....
Would you prefer that he walked the 300yards home with his bike, rather than ride it home lightless and on the pavement and get a ticket for £50 ?
Pretty simple to decide really.
Wheres the heavy handed bit?
