Parking In Cycle Lanes :x

yenkee
yenkee Posts: 27
edited May 2011 in Commuting general
Hi, I'm not sure whether anything has been posted about this before - I have a feeling it has. Could anyone advise what the law says about parking cars in cycle lanes in the UK?

I cycle to work everyday, some parts of my journey have purpose built cycle paths (red tarmac one built into the pavement), however the residents on these roads seem to treat them like extended driveways. I tend to avoid the path most days, only occasionally using them when I'm not feeling up avoiding pot holes/gravel on the road.

I'm having a gripe about this today as my use of the blocked cycle path lead me to a near miss at a hidden side path. Luckily for the pedestrian who was walking out it was only me who was hurt when I slammed on my breaks and went over the handlebars, (and to those who may be concerned, the bike suffered minor scratches).

I've started googling about the issue but only seem to come up with results marked cycle lanes on road and quotes from the highway code, I know the highway code isn't actually law therefore useless in prosecution. If anyone has any other info I would be interested to heard.

Comments

  • Initialised
    Initialised Posts: 3,047
    As I understand it:

    Solid white line = Mandatory bike lane, no parking
    Dashed white line = only park there if unavoidable

    However:

    The Highway Code states:

    240
    You MUST NOT stop or park on:
    a tram or cycle lane during its period of operation
    a cycle track

    243
    DO NOT stop or park
    where you would obstruct cyclists’ use of cycle facilities

    Seems to say that parking in a cycle lane isn't allowed.
    I used to just ride my bike to work but now I find myself going out looking for bigger and bigger hills.
  • optimisticbiker
    optimisticbiker Posts: 1,657
    The highway code may only be advisory, but the local council byelaws are definitely enforcable. Might be worth contacting them (they'd love to go issue some more tickets, I'm sure! :twisted: )
    Invacare Spectra Plus electric wheelchair, max speed 4mph :cry:
  • roger_merriman
    roger_merriman Posts: 6,165
    does depend in the area, not all cycle lanes are 24hr one in kew is used as for parking after rushhour.

    one on hampton court road is much the same.
  • As I understand it:

    Solid white line = Mandatory bike lane, no parking
    Dashed white line = only park there if unavoidable

    However:

    The Highway Code states:

    240
    You MUST NOT stop or park on:
    a tram or cycle lane during its period of operation
    a cycle track

    243
    DO NOT stop or park
    where you would obstruct cyclists’ use of cycle facilities

    Seems to say that parking in a cycle lane isn't allowed.

    A cycle track is a dedicated lane in/alongside the road or even a shared use path away from the road. Identified by a solid white line &/or blue sign with a bike on it.

    Unless due to an emergency, it is an offence to park on a cycle track. (RTA s. 21; HA 1980 s. 329)

    As mentioned the Highway Code advises motorists not to park in an advisory cycle lane “unless it is unavoidable” (see rule 140 below).

    Although it isn't an offence to disobey the Highway Code, apparently the courts can take that into account when considering other matters.
    Rule 140

    Cycle lanes. These are shown by road markings and signs. You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. You MUST NOT park in any cycle lane whilst waiting restrictions apply.

    [Law RTRA sects 5 & 8]
  • t4tomo
    t4tomo Posts: 2,643
    nothing to add
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  • beverick
    beverick Posts: 3,461
    The initial posting was about parking in an apparently off road cycle path.

    The rules about off road cycle paths are many and varied but basically, in this case, an offence is being committed but it depends on the cycle lane's definition as to which offence applies. It also depends where the lane is, the type of vehicle and whether other restrictions apply and hence whether other offences have been committed.

    Assuming it's a correctly marked cycle lane on a footway as defined in the road traffic act and it's being obstructed by a motor vehicle other than a passenger service vehicle (PSV) or large goods vehicle (LGV), a local authority penalty charge notice (ie parking ticket) may be issued (offence 1, 2 or 49 depending on lane and vehicle).

    If it's a PSV or LGV a specific criminal offence may have been committed under Highways, Road Traffic or PSV Acts.

    If other parking restrictions apply (ie timed zone, disc zone, no waiting/loading) then another specific civil or criminal offences may also have been committed.

    In any event an offence of obstructing the highway (sic) may have been committed.

    There are specific rules around this sort of thing in London and, just to confuse things even more, if the cycle lane is on private land (ie the road is 'unadopted', then no offence may have been committed.

    Initialised summed up the situation for on-road parking insofar as there is only one offence and that is parking (or indeed driving) in a mandatory cycle lane during it's hours of operation.

    Driving or parking in any other form of on-road cycle lane is NOT an offence in itself although other offences may have been committed. Where freeway or restricted waiting/loading signs exist for example or if the vehicle is deemded to be obstructing the highway.

    Believe it or not, this is the result after the laws were simplified in 2009 and again in February this year.

    Bob
  • Twostage
    Twostage Posts: 987
    Do you mean like this ? :-
    http://maps.google.co.uk/maps?q=55.0002 ... wn_ha-mG2Q

    The vehicles here appear to be doing two things wrong - parking on a cycle lane and parking on a pavement. Google has also helpfully not obscured the reg of one of the vehicles.

    Or like this ? :-
    http://maps.google.co.uk/maps?q=54.9679 ... 31,,1,8.14

    It doesn't look like it but the red tarmac is a shared pedestrian/cyclepath.
  • yenkee
    yenkee Posts: 27
    Thanks for the replies, sounds like a unclear matter. I'll see how my local authority interpret's the law.

    Twostage - I've had a look at the links, hopefully the link below will provide some clarity.
    http://www.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=urmston&sll=53.800651,-4.064941&sspn=19.700796,39.331055&ie=UTF8&hq=&hnear=Urmston,+Manchester,+Trafford,+United+Kingdom&ll=53.455509,-2.332331&spn=0,0.009602&t=h&z=17&layer=c&cbll=53.455471,-2.332099&panoid=khZNd2dPAINrXjMXq6TkfA&cbp=12,84.11,,0,2.51

    The issue with these types of cycle lanes is that cyclist will tend to switch to pavement side of the path rather than the road due to the grass verge and curbs. A little bit of an issue when you have hidden footpaths such as these:
    http://www.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=urmston&sll=53.800651,-4.064941&sspn=19.700796,39.331055&ie=UTF8&hq=&hnear=Urmston,+Manchester,+Trafford,+United+Kingdom&ll=53.455726,-2.334005&spn=0,0.009602&t=h&z=17&layer=c&cbll=53.455755,-2.334251&panoid=HNzScB5nqvQd49OJMWR0QQ&cbp=12,143.14,,0,-7.14
  • mapleflot
    mapleflot Posts: 81
    Did you have a look to see if the vehicle(s) had a disabled badge?
    I reported a vehicle that was regularly parked in a spot that was a) mandatory cycle lane and b) double yellow and c) just before a pelican crossing.
    http://www.fixmystreet.com/report/142231
    Got this e-mail back:

    ----
    :On receipt of your complaint I asked our civil enforcement contractor
    NSL to investigate the location, and they report that the vehicle
    concerned displays a valid disabled persons parking badge and can
    therefore park legally on the yellow line waiting restriction for up to
    3 hours.

    Although we enforce the waiting restrictions which apply to the public
    highway within the city and we do not enforce the cycle lanes. However,
    I have passed a request to the issuing office to write to the disabled
    badge holder and advise them not to park there in future. I hope this
    helps the situation.
    Not sure what `and we do not enforce the cycle lanes' means or, thus, what the point of cycle lanes are, or why there are also designated disabled parking places if badge holders can park anywhere anyway.
    The car in question continued parking there, somewhat more sporadically, for a few months. There is now often a new car there..I guess it is the same owner. Don't really blame him/her...its all too woolly and pathetic
  • mark1964
    mark1964 Posts: 54
    Bristol excels at illegal parking. Have a look at this lot happily parked on a shared use pedestrian and off-road cycle track. When I reported it to Bristol parking enforcement they said that they could only ticket them if they were on yellow lines. Are some drivers just taking the p***? :evil:

    it is clearly not a parking zone!.

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