On 20/05/2013 16:57, Judith wrote:
>> Why did you challenge them? As I understood it the pavement cycling law
>> was intended to be used only against those cycling irresponsibly.
>
>
> Oh really - and what makes you think that?
>
The following letter is widely quoted on the internet.
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On 1st August 1999, new legislation came into force to allow a fixed
penalty notice to be served on anyone who is guilty of cycling on a
footway. However the Home Office issued guidance on how the new
legislation should be applied, indicating that they should only be used
where a cyclist is riding in a manner that may endanger others. At the
time Home Office Minister Paul Boateng issued a letter stating that:
�The introduction of the fixed penalty is not aimed at responsible
cyclists who sometimes feel obliged to use the pavement out of fear of
traffic and who show consideration to other pavement users when doing
so. Chief police officers, who are responsible for enforcement,
acknowledge that many cyclists, particularly children and young people,
are afraid to cycle on the road, sensitivity and careful use of police
discretion is required.�
Almost identical advice has since been issued by the Home Office with
regards the use of fixed penalty notices by �Community Support Officers�
and wardens.
�CSOs and accredited persons will be accountable in the same way as
police officers. They will be under the direction and control of the
chief officer, supervised on a daily basis by the local community beat
officer and will be subject to the same police complaints system. The
Government have included provision in the Anti Social Behaviour Bill to
enable CSOs and accredited persons to stop those cycling irresponsibly
on the pavement in order to issue a fixed penalty notice.
I should stress that the issue is about inconsiderate cycling on the
pavements. The new provisions are not aimed at responsible cyclists who
sometimes feel obliged to use the pavement out of fear of the traffic,
and who show consideration to other road users when doing so. Chief
officers recognise that the fixed penalty needs to be used with a
considerable degree of discretion and it cannot be issued to anyone
under the age of 16. (Letter to Mr H. Peel from John Crozier of The Home
Office, reference T5080/4, 23 February 2004)
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> It is most odd that parliament did not actually make that proviso part of the
> law - I wonder why they didn't?
>
I wonder too. My suspicion is that it was felt that it would be easier
to enforce an absolute offence and hope that the police would use
discretion than it would be to have cyclists argue the toss about
whether they were behaving responsibly/considerately.
Personally I'm torn between a dislike for giving the police the role of
a judge but on the other hand see that for minor offences such as this
it might be a good pragmatic solution to tackle inconsiderate cyclists.
Do you have a view on why they would do such a thing?