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[Closed] Riding assumed pedestrianised areas when there are no "no cycling" signs

 Pook
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[#433868]

There's a green in Sheffield with broad expanses of tarmac. Along one edge runs a cycle path.
There are no signs saying "No cycling", but I've always assumed that this is the case. What's the legality about it? If you wanna look for yourself, google street view [url= http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=devonshire+street,+sheffield&sll=53.407725,-1.389258&sspn=0,357.528076&ie=UTF8&layer=c&cbll=53.379502,-1.478519&panoid=ugb8ySXnG9Sxo7yLvxalNQ&cbp=12,194.2099741146978,,0,4.199999999999997&ll=53.379482,-1.478369&spn=0.003123,0.009656&z=17&iwloc=addr ]Devonshire Street, here[/url], shows you the area in question.
Basically, a guy on another forum has ridden the yellow tarmac, been stopped by a warden, argued the legality, been called a c*** by the warden and is now trying to raise a complaint with the council


 
Posted : 30/03/2009 1:22 pm
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Briefly covering the options as I'm busy -

i) No offence of cycling on the footway committed, location not a footway by carriageway
ii) Possible offence of breaching local byelaws, questions relevant where are the bylaws displayed and where exactly do they cover, often difficult to find out - FOI request asking council for details of byelaws
iii) theoretical ASB powers on basis of anti social behaviour, remains a matter of proof as to whether anyone was actually there to be alarmed/distressed.


 
Posted : 30/03/2009 1:45 pm
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Definitely a "grey" area. One would assume there#s no reason to ride that area other than "for fun" or because you're being lazy? Looks like theres some good street furniture there for playing on with the trials bike.


 
Posted : 30/03/2009 1:50 pm
 Pook
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Looking into it, it's a "Public Open Space". The official footpaths were stopped, as the whole area was opened up to make it free access - I guess which includes for bikes.

Am i right? Can't see any by-laws online


 
Posted : 30/03/2009 1:58 pm
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might want to check what was sheffield pedal pushers site - now called something else but if you google it still comes up - almost certain that the issue of paths across devonshire green is in the recent minutes of the council cycling forum


 
Posted : 30/03/2009 2:47 pm
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just searched Sheffield Telegraph because on reflection might have been a recent letter - ironically found this

http://www.sheffieldtelegraph.co.uk/news2/Time-to-get-on-yer.4513893.jp


 
Posted : 30/03/2009 2:53 pm
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When the skate park was introduced the whole of sheff centre came under a blanket "if its got wheels, push it" local by-law. I've only seen one of the signs and it was about 9 foot up a pole opposite the town hall. I don't know and cant remember the exact details but from what I can remember its basically only legal if it says you ARE allowed to cycle.


 
Posted : 30/03/2009 3:43 pm
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Had a look, only relevant byelaws I could find were the 1966 pleasure grounds ones: http://www.sheffield.gov.uk/out--about/parks-woodlands--countryside/all-about-us/byelaws which covers a number of named the public parks but does not mention Devonshire Green.

My advice would be an FOI request asking for copied of byelaws that apply to devonshire green.

As far as I can see, street/neighborhood wardens would have powers to issue FPN for cycling on a footway (would not apply here) and powers to enforce byelaws, not too sure if they would have power to demand name and address in a byelaw case... they could theoretically call it ASB which would give them the power, but as I said before, would depend on circumstances.


 
Posted : 30/03/2009 7:57 pm
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if I remember, i'm in town tomorrow and I'll get a pic of the sign


 
Posted : 30/03/2009 9:20 pm
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[img] [/img]

there you go. quite how they define "Designated Area" is anyone's guess and like i said these are 9 foot or more up poles so you'd hardly notice them.


 
Posted : 31/03/2009 4:27 pm