Cherwell set to introduce fines for cycling on footpaths

The council’s Executive will discuss a proposal this evening

Anyone caught riding a bicycle on a footpath in the Banbury area could face an increased chance of a £50 fine if a recommendation is accepted by councillors at Cherwell District Council tonight.

The council’s Executive committee will discuss a report which seeks to give Community Wardens and the Community Safety Officer the power to issue a penalty.

A £50 fine would align the council with the amount charged by Thames Valley Police for the same offence. The amount charged can be decided locally as there is no fixed level in law, although the fine cannot exceed £500.

Riding on a footpath is noted as an offence in the Highway Act.

The report says: “Our community wardens occasionally witness dangerous or reckless cycling on pavements and it is felt this power could be useful in some instances.

“The use of the power will not be targeted at any specific groups or localities.

“Determining the level of fine that the council will apply for this offence does not change the circumstances when the offence is committed but will enable the Community Safety Team members to take formal action when they witness inappropriate cycling on a footpath.”

Cherwell’s Community Wardens and Community Safety Officer are accredited by Thames Valley Police under the Community Safety Accreditation Scheme. This provides the Community Wardens and Community Safety Officer with certain powers normally only provided to police officers.

Published: 06/06/2022 11:13am by Banbury FM Newsteam

Edward Horton On 06/06/2022 at 3:58 pm

Mr Robson is not correct.
Section 72 of the Highway Act 1835 prohibits ‘wilfully riding’ on footpaths, which refers to the path at the side of a carriageway. The original law from 1835 doesn’t refer to bicycles or cyclists (as bicycles weren’t in such common use in England as they are today) and it doesn’t mention pavements – as this is a modern word. However, the interpretation is clear – it’s not legal for a cyclist to ride their bike on the pavement. The Highway Code also states: “You must not cycle on a pavement.”
The offence of riding a bike on the pavement is punishable by an on-the-spot fine. This is charged under Schedule 3 and Section 51 of the Road Traffic Offenders Act 1988.
There are also other laws that a cyclist using the pavement could fall foul of, such as careless or furious cycling. If you’re on your bike and you ride onto the pavement and collide with a pedestrian, or otherwise harm anyone or damage property, you could be prosecuted for careless cycling. The offence of furious cycling, one that dates back to 1861, is similar but involves the reckless and potentially dangerous speed of a cyclist. Cycling too quickly and injuring someone could lead to a two-year prison sentence, while careless cycling could result in a £1,000 or £2,500 fine.
Even if the police don’t commonly penalise those who cycle on the pavement, there’s another deterrent that both cyclists and pedestrians should be aware of. If a cyclist uses the pavement and injures a pedestrian, or causes damage to their property, it could result in a personal injury compensation claim.
The pedestrian can seek compensation for pain and suffering, medical expenses, emotional or psychological distress and loss of earnings if they’re unable to work due to their injuries.
If a cyclist is proven to have broken the law and cycled on the pavement, as well as cycling carelessly or recklessly, it’s likely that they’ll be judged to be at fault. This can mean that the pedestrian’s compensation claim is successful and the cyclist is left facing the cost.
To summarise, cycling on the pavement is still an offence, but there is guidance that the police are supposed to exercise discretion.
And finally on pavements, remember that on segregated cycle tracks the pedestrian side remains a footway, so if you cycle into the pedestrian side to pass a pedestrian in the cycle lane you technically commit a pavement cycling offence.

Les I Robson On 06/06/2022 at 2:32 pm

They’ll have a job doing this as there is nothing illegal about riding a bicycle on a pavement a long as it’s done safely

Edward Horton On 06/06/2022 at 3:58 pm

Mr Robson is not correct.
Section 72 of the Highway Act 1835 prohibits ‘wilfully riding’ on footpaths, which refers to the path at the side of a carriageway. The original law from 1835 doesn’t refer to bicycles or cyclists (as bicycles weren’t in such common use in England as they are today) and it doesn’t mention pavements – as this is a modern word. However, the interpretation is clear – it’s not legal for a cyclist to ride their bike on the pavement. The Highway Code also states: “You must not cycle on a pavement.”
The offence of riding a bike on the pavement is punishable by an on-the-spot fine. This is charged under Schedule 3 and Section 51 of the Road Traffic Offenders Act 1988.
There are also other laws that a cyclist using the pavement could fall foul of, such as careless or furious cycling. If you’re on your bike and you ride onto the pavement and collide with a pedestrian, or otherwise harm anyone or damage property, you could be prosecuted for careless cycling. The offence of furious cycling, one that dates back to 1861, is similar but involves the reckless and potentially dangerous speed of a cyclist. Cycling too quickly and injuring someone could lead to a two-year prison sentence, while careless cycling could result in a £1,000 or £2,500 fine.
Even if the police don’t commonly penalise those who cycle on the pavement, there’s another deterrent that both cyclists and pedestrians should be aware of. If a cyclist uses the pavement and injures a pedestrian, or causes damage to their property, it could result in a personal injury compensation claim.
The pedestrian can seek compensation for pain and suffering, medical expenses, emotional or psychological distress and loss of earnings if they’re unable to work due to their injuries.
If a cyclist is proven to have broken the law and cycled on the pavement, as well as cycling carelessly or recklessly, it’s likely that they’ll be judged to be at fault. This can mean that the pedestrian’s compensation claim is successful and the cyclist is left facing the cost.
To summarise, cycling on the pavement is still an offence, but there is guidance that the police are supposed to exercise discretion.
And finally on pavements, remember that on segregated cycle tracks the pedestrian side remains a footway, so if you cycle into the pedestrian side to pass a pedestrian in the cycle lane you technically commit a pavement cycling offence.

Natalie Edmunds On 10/06/2022 at 4:12 pm

That is fine if the police men and women who use bicycles remember that the rules apply to them too. They are not setting a good example by riding their bikes through the People’s Park.