criminal trespass?

There’s a new guided bus route not a million miles away from me which I rode alongside for the first time today. The associated cycle track is bloody awful, loose chippings on a track that’s rough as hell, top marks whoever at TfGM signed that off!

Riding on the super smooth busway is not only ill advised, it would appear to be a criminal offence.

Hypothetically, what’s the likely outcome of getting caught riding your bike down there? Cambridgeshire has a more established busway and while there have been quite a few cars driving/crashing on it and a couple of incidents with bikes while it was still under construction I’ve yet to find any “wreckless driver/cyclist sentenced to 12 months hard labour” stories.

So any ideas?

The trouble is that the cycle path alongside the Camrbidge bus routes is very good (albeit swaps sides a little too much for my liking) so there is little cause to ride on the bus way itself, so no real example there.

And the trouble is even if you’re very good and never actually impede the buses, people watching won’t know that and may call you out on it.

I imagine it falls under that same rules as train tracks, what with it being separate from the road?

I’d question the legality of that notice.

Trespass is a civil matter so can it be a criminal offence? My understanding was it had to be upgraded from trespass to criminal damage for it to be a crime.

Trespass is wrongful interference, not just the act of being there so unless you are intentionally causing a bust to slow / stop / etc I don’t think trespass can be applied.

I’m no law expert but I have been looking into trespass quite heavily for some stuff and in my view that’s just a generic “frighten the public” notice. Of course there could be a bylaw in place but again that would be a criminal offence to break the bylaw not a criminal offence of trespass.

I suspect the worst you’ll get is loads of bus drivers and passengers reinforcing the stereotype that cyclists are idiots because they have a perfectly good cycleway right along side.

I imagine it falls under that same rules as train tracks, what with it being separate from the road?

my first thought but afaik the feds take railway shenanigans quite seriously and will come down like the proverbial rectangular objects on anyone flouting those rules, given the lack of evidence of drivers being nailed to the wall for driving on the cambridge busways sounds like it’s not treated the same.

But I’m just guessing

edit

reinforcing the stereotype that cyclists are idiots because they have a perfectly good shonky as **** cycleway right along side.

ftfy. I’d guess there is a byelaw covering this but a guess is all it is. No idea if byelaws upgrade the trespass to “criminal trespass” or it creates a very specific crime.

As a cyclist you’re probably better off in the bus lane.

Of course there could be a bylaw in place but again that would be a criminal offence to break the bylaw not a criminal offence of trespass.

That’s just semantics on the sign though isn’t it?

If the byelaw says “thou shalt not trespass on the busway” then trespassing on the busway is a criminal offence?

As a cyclist you’re probably better off in the bus lane.

😯

D0NK –

reinforcing the stereotype that cyclists are idiots because they have a perfectly good shonky as **** cycleway right along side.

ftfy. I’d guess there is a byelaw covering this but a guess is all it is. No idea if byelaws upgrade the trespass to “criminal trespass” or it creates a very specific crime.[/quote]

Looks perfectly good from the back of a bus and thats all they’ll care about.

My understanding is that the bylaw creates a new crime, I dont think you can upgrade.

jimdubleyou –
That’s just semantics on the sign though isn’t it?

If the byelaw says “thou shalt not trespass on the busway” then trespassing on the busway is a criminal offence?

Maybe but trespass is still wrongful interference, cycling down it when no one is around is not wrongful interference, holding up traffic could be classed as wrongful interference.

All tresspass is criminal offence no ? Just semantics trying to make the notice look tough.

All tresspass is criminal offence no ?

No.

trespass is still wrongful interference

Only when speaking of trespass to goods.

When you speak of property, interference is merely entering.

(AFAIUI, IANAL).

I’d question the legality of that notice.

Trespass is a civil matter so can it be a criminal offence? My understanding was it had to be upgraded from trespass to criminal damage for it to be a crime.

No, there are certain types of trespass that can be criminal

All tresspass is criminal offence no ?

No, its normally a civil tort

However, in this case there is a specific piece of legislation involved

http://origin-www.legislation.gov.uk/uksi/2005/1918/article/42/made

level three – so max £1000 fine

(3) No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass upon the authorised busway was clearly exhibited and maintained at the station or other stopping place or level crossing on the authorised busway nearest the place where the offence is alleged to have been committed.

No sign, no offence…

All tresspass is criminal offence no ?

Have you considered reading the thread or any STW thread on this

OP its not on your route so why GAS 😉

Trespass is only criminal when you REALLY shouldn’t be there. Govt buildings, MOD sites, nuclear power stations etc. Or in the ops case, if the council says so.

Never seen a thread on tresspass, had I read one I would have remembered the answer. Can’t keep up with everything you know 🙂

OP its not on your route so why GAS

it was today, used to be a semi regular excursion before they ripped it up, now its open again….

Never seen a thread on tresspass,

there’s been many, many threads on cheeky trails which is basically trespass. Admittedly I did a <6month search before posting and very little came up, so looks like its been a while.