pushing bikes along footpaths?

gaz047
gaz047 Posts: 601
edited June 2007 in MTB general
hi all, just got a quick question for you. can you push/carry your bike up a public footpath? cheers gaz
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Stick your 'rules' up your a%se

Comments

  • mrjiey
    mrjiey Posts: 55
    I remember readin about this in the Q and A part of a magazine.

    they said something along the lines of 'NO!' because of forestry rules etc, and if your caught, you can still be prosecuted...
  • gaz047
    gaz047 Posts: 601
    hi, thanks for your reply mrjiey. i thought this may be the case. gaz
    if it ain't rainin.....it ain't trainin
    Stick your 'rules' up your a%se
  • madmole
    madmole Posts: 466
    Vehicles are not allowed "ON" a footpath. would be interesting to see how plod would interpret one being carried "ABOVE" a footpath. Cant see anything in the acts that makes carrying on while you use a footpath an offence.

    Most council bylaws make it illegal to cycle on the footpath, pushing obviously is not cycling

    There are several law cases where folks have got off and where folks have been done, doesnt seem to be a clear cut answer

    The offence by the way on a normal footpath would be trespass, as because you are not on foot you have no public right to cross the landowners land. Thats a criminal offence, but only comitted if when asked to leave by someone with authority to ask you to leave you do not. Just beng there does not commit the offence



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  • ive always thought it was ok to cycle on a public footpath [:I] but now i think im going to steer clear of them!!

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  • It's perfectly legal to ride on footpaths....













    ...but only in Scotland [:D]

    (sorry, I can't resist using that one to upset those south of the border! [:D])

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  • huh? its not legal to ride on footpaths? oppps :S
    hahaahha i did not know that...my bad

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  • guilliano
    guilliano Posts: 5,495
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by mc</i>

    It's perfectly legal to ride on footpaths....













    ...but only in Scotland [:D]

    (sorry, I can't resist using that one to upset those south of the border! [:D])

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  • Kestrel_daos
    Kestrel_daos Posts: 932
    There was a recent post on STW about this, and they generally thought it was ok to push along a footpath.

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  • lol, didnt know that my self, well they have got to catch you in the act to catch you so ride fast [^][:D]

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  • Stugwmb
    Stugwmb Posts: 1,328
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by gaz047</i>
    can you push/<b>carry </b>your bike up a public footpath?
    <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

    I'm sure you can carry it, the law isn't quite that ridiculous yet - is it?

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  • Kestrel_daos
    Kestrel_daos Posts: 932
    Anyhow, if you are walking, most walkers wouldn't mind anyway, since some may have pushchairs etc, which are in effect the same thing. It would be so unlikely to see a copper walking along the footpath...

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  • I thought that cycling on a footpath was at the discretion of the land owner?

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  • slightly off topic, but what about motorised wheelchairs?
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  • beski
    beski Posts: 542
    I will ride on footpaths, & have done for many years without any problems. If the path explicitly says 'no cyclists' I wouldn't cycle there, or if the path is really tight & there are a lot of walkers I'd avoid that. But if you are sensible & give way to walkers & are polite then you shouldn't encounter any problems.
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  • rikk
    rikk Posts: 734
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by beski</i>

    I will ride on footpaths, & have done for many years without any problems. If the path explicitly says 'no cyclists' I wouldn't cycle there, or if the path is really tight & there are a lot of walkers I'd avoid that. But if you are sensible & give way to walkers & are polite then you shouldn't encounter any problems.
    <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

    Agreed I've not had any issues at all, I also brought this up on the ramblers forum and the general agreement was be courtous and noone will mind.



    .........Rikk
  • Seagull
    Seagull Posts: 2,814
    The no pushing a cycle on a footpath was just an interpretation of the law by a walkers organisation. I'm sure that it was challenged by IMBA in court and the walkers got told to go and yomp off.

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  • Got caught carrying bikes along the edge in the peak district by a park ranger (after being tipped off by walkers)he was'nt happy but agreed with is that ther was little he could do
  • Jakes Dad
    Jakes Dad Posts: 369
    Just found this on a legal site

    Don't fall for the piffle that you have to carry a bicycle when on a footway or pedestrian crossing. Anyone pushing a bicycle is a "foot-passenger" (Crank v Brooks [1980] RTR 441) and is not "riding" it (Selby). In his judgment in the Court of Appeal in Crank v Brooks, Waller LJ said: "In my judgment a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a 'foot passenger'. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a 'foot passenger'. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand."

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  • juankerrwmb
    juankerrwmb Posts: 611
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by mc</i>

    I thought that cycling on a footpath was at the discretion of the land owner?


    <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

    I thought it was at my discretion ;)
  • elguid
    elguid Posts: 34
    A bicycle is classed as an valid accompanment on a public footpath- just like a dog, a pushchair, your granny. therefore you can push your bike legally. i think a legal president was set in 1983 (but could be incorrect)

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  • majorbloodnock
    majorbloodnock Posts: 3,255
    There's no "cannot" involved with footpaths. Classification of a stretch of land as "public footpath" simply means people travelling on foot <i><b>can</b></i> use it, despite it being private land, not that people <i><b>not</b></i> travelling on foot <i><b>cannot</b></i> use it. It is a permissive classification, not a restrictive one. That is why, as MC said, the person who actually owns the land still has the right to allow anyone they wish to travel across their land in whatever way they wish, so if it was OK'd with the landowner, you could perfectly legally drive a Challenger tank down a footpath. It's also why, if you fail to get permission to ride on a footpath, you're guilty of trespass (a civil offence against the land owner, NOT a criminal one), and it's the landowner alone who has the right to ask you to leave. If you fail to leave when asked, it's only the landowner who can seek legal redress (by suing you).

    Basically, if you're riding your bike, public footpaths are simply irrelevant to you, so assume they don't exist. After you've done that, any other public right of way is fair game, as is any private land where you've agreed access with the owner, including the bits that may happen to coincide with a public footpath.

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  • I must say i use my own discretion where and how to ride.Certainly respecting other users of pathways and havent had a complaint yet.Im not really bothered if its legal or not tbh :-)

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  • mudface
    mudface Posts: 1,733
    not as simple as that in some places.

    i ride on the north downs, and the people who continue to ride on the footpaths are in danger of getting the hills out of bounds to all mountain bikers, as there is growing anti-biking sentiment in this area amongst residents and walkers with the proliferation of cyclists.
  • Fair point mudface.I can only comment on my own experiences of riding footpaths which is not on a regular basis,however i dont have much time for anybody who i feel is being unreasonable.(Sets himself up).

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  • buddha
    buddha Posts: 1,088
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by mudface</i>
    i ride on the north downs, and the people who continue to ride on the footpaths are in danger of getting the hills out of bounds to all mountain bikers, as there is growing anti-biking sentiment in this area amongst residents and walkers with the proliferation of cyclists.
    <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
    I'm guilty of that (- head held in shame[:(])
    As I ride part of the North Downs Way (footpath included) regularly, around 3-4 times a week. Although I have never had any complaints, and even stopped an chatted with a few NT/Forestry chappies on occasion. Nobody has ever said "You should not be riding here". Guess I've been lucky.
    But then I don't generally ride like a nutter on footpaths, just everywhere else!

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  • majorbloodnock
    majorbloodnock Posts: 3,255
    <blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by mudface</i>

    not as simple as that in some places.

    i ride on the north downs, and the people who continue to ride on the footpaths are in danger of getting the hills out of bounds to all mountain bikers, as there is growing anti-biking sentiment in this area amongst residents and walkers with the proliferation of cyclists.
    <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
    Agreed, Mudface

    However, since, wearing a different hat, I am one of those residents, I know I'm in a potentially useful position for educating locals, and so do what I can. Whereabouts are you finding the greatest problems? Obviously, the most likely is that I can't do any more than anyone else, but if you email me with details, I'll happily apply any influence I can.

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