Cyclists win police court battle!



On 2006-07-02, Tony Raven <[email protected]> wrote:
>
> David Hansen wrote:
>>
>> Was not one of the first "on-the-spot" fines for pavement cycling
>> given to a nurse in York who didn't fancy using the adjacent road
>> with her young child in a child seat?
>>

>
> And she should probably not have been prosecuted at all in that case.
> The Home Office Minister, Paul Boeteng,


Am man whose mouth I would not **** in were his teeth on fire.


--
"Other people are not your property."
[email me at huge [at] huge [dot] org [dot] uk]
 
On 2006-07-02, Tony Raven <[email protected]> wrote:
>
> JNugent wrote:
>> Tony Raven wrote:
>>
>> > I notice by the way that JNugent in his replies has conveniently
>> > bypassed my posts about the relative risks to pedestrians on pavements
>> > and crossing from cyclists and motorists.

>>
>> I have addressed that "point" entirely properly - it is totally irrelevant.
>>
>> Two wrongs do not make a right - as I had expected you must have already known.
>>
>> But apparently not.

>
> Two wrongs do not make a right but since one of those wrongs has
> massively larger consequences than the other


You *are* going to post those adjusted figures, aren't you?


--
"Other people are not your property."
[email me at huge [at] huge [dot] org [dot] uk]
 
JNugent wrote:
>
> What a self-serving prat you are.
>


"Insults are the arguments employed by those who are in the wrong."
- Jean-Jacques Rousseau

Tony
 
Huge wrote:
> On 2006-07-02, Tony Raven <[email protected]> wrote:
> >
> > But is being "brushed past" by a cyclist actually dangerous or are you
> > just thinking it is? Because cyclists have only killed on person on a
> > pavement in the past four years and injure about 70 a year while around
> > 70 pedestrians are killed and 3,500 injured every year on the pavement
> > by cars.

>
> You are, of course, going to adjust those figures by the relevant
> number of passenger-miles in each mode?
>


Are you suggesting that motorists do many more miles on the pavements
than cyclists?

Tony
 
Tony Raven wrote:

> JNugent wrote:


>>>The benefit to cyclists of cycling on the pavement is that of being
>>>further away from the careless and inconsiderate motorists mentioned above.


>>Not relevant. They are not allowed to just pass the danger to others. They
>>are not forced to cycle at all.


> Neither are motorists forced to drive.


But they are allowed to drive.

> Are you suggesting that
> motorists should be banned en masse from driving until they can
> demonstrate that they will kill or injure fewer people than cyclists?


No.

Simply that no-one is free to pass perceived dangers to themselves onto
others by breaking the law.

That's not too hard to understand, is it?
 
JNugent wrote:
> Tony Raven wrote:
>
>> JNugent wrote:

>
>
>>> Of course it is dangerous. That it is dangerous is the very reason why
>>> cyclists aren't allowed on footways.

>
>
>> Except they are

>
>
> They aren't.


They are, on many. The physical difference between those here they are
and those where they aren't extend, in many cases, to the existance of a
small blue sign.

>
> > and the Councils put down white paint and put up signs

>
>> to say that they are and in fact are positively encouraged to cycle
>> there.

>
>
> That is a different case - a so-called "shared path".


Inditstinguishable from a footway, except for a small sign. I.e. no
physical difference making the shared path 'safer' than the footway.

>
> If you set so much store by the judgment of councils in these matters
> (there's no end to the naivety of some people), you must accept that
> where is no "white paint", the route is a purely pedestrian one - and it
> is footways (not "shared paths") of which we were speaking.


There is not always a dividing line on a shared path, so the
no-white-paint version may, or may not be, shared.

>
> To take any other line would mean that because some "shared paths"
> exist, all footways are shared paths. But they aren't - are they?
>
> > And even the Home Office has said its OK where there is no

>
>> white paint as long as you ride considerately.

>
>
> That's odd. Parliament has not changed the law. Riding "considerately"
> requires (as part of its definition) that the riding is done lawfully
> (eg, not on footways).


Evidently not according to Mr Boateng.
 
Tom Crispin wrote:
> On Sun, 02 Jul 2006 11:28:38 +0100, JNugent <[email protected]>
> wrote:
>
>
>>The risk posed by footway cyclists is entirely deliberate and is casually
>>imposed on others for the benefit of the cyclist.

>
>
> If walking along a footway, what would you prefer to encounter:
>
> 1. A cyclist under control deliberately on the footway
>
> 2. A motorist out of control inadvertently on the footway


He's going to say 'neither', isn't he?
 
Tom Crispin wrote:

> JNugent <[email protected]> wrote:


>>>In 2004/2005 nearly 6,000,000 PCNs were issued by the London Boroughs
>>>to motorists. This excludes much law breaking by motorists, including
>>>PCNs issued by the Metropolitan police.
>>>http://www.alg.gov.uk/doc.asp?doc=14121&cat=1046


>>It's easy to prosecute drivers and vehicle-owners because they are
>>easily-traced.
>>It's next to impossible to trace and/or prosecute rogue cyclists, for
>>obvious reasons.


> The same could be said of people who drop litter.


Indeed it could.

But what would be the relevance of saying it (other than that it is another
offence committed by selfish yobs, I mean)? At least it isn't usually
dangerous, unlike cycling on the footway, eh?

>>>In 2001 15 cyclists faced proscecution for cycling offences: 2 for a
>>>traffic signal offence, 2 for lighting or reflector offences and 11
>>>for footway cycling. (Of those 15, 13 were found guilty.)


>>>http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldhansrd/vo031006/text/31006w02.htm


>>Blimey, they were unlucky, weren't they?
>>Did plod get out of bed the wrong side that day? Or were they the ones
>>whose conscience was troubling them so badly that they gave themselves up?
>>You are being deceitfully disingenuous, aren't you? The complaint is
>>precisely THAT lawless cyclists get away with it. Don't take that fact that
>>they get away with it as evidence that they don't get away with it.


> What proportion of those who contravene parking regulations get away
> with it? Or those who speed?


I don't know and it absolutely does not matter, because no matter what the
numbers were, it would not justify cycling on the footway - would it?

So why do you ask?

>>>So, it appears that 400,000 times as many motorists were deemed to
>>>have committed a parking infringment alone than all cyclists'
>>>offences.


>>No. It doesn't "seem" that at all; not to anyone with a brain, anyway. Not
>>even to you - you are just being evasive and (unsuccessfully) deceitful -
>>aren't you?


>>>And, I don't suppose the booking rate for parking offences is 400,000
>>>times higher than the booking rate for cycling offences.


> So do you think the booking rate for parking offences is 400,000 times
> higher than for all cycling offences?


I don't know what the numbers are. In some places (eg, London), the chances
of a driver getting away with parking offences seem relatively low. The
chances of cyclists getting away with their offences is very high
everywhere. That I do or don't know the relative numbers is irrelevant, not
least because the one has nothing to do with the other.

>>>Do you want to modify your opinion?


>>That cyclists are, by and large (with honourable exceptions - I have always
>>accepted that), a bunch of lawless yobs?


>>No.


> And you think that motorists, by and large, always obey speed
> restrictions and always obey parking regulations? The figure of
> nearly 6,000,000 PCNs issued in London alone suggests otherwise.


Whether that is or is not so, it is irrelevant to the point at hand - isn't it?

So why ask?
 
Huge wrote:
> On 2006-07-02, Tony Raven <[email protected]> wrote:


>>
>>But is being "brushed past" by a cyclist actually dangerous or are you
>>just thinking it is? Because cyclists have only killed on person on a
>>pavement in the past four years and injure about 70 a year while around
>>70 pedestrians are killed and 3,500 injured every year on the pavement
>>by cars.

>
>
> You are, of course, going to adjust those figures by the relevant
> number of passenger-miles in each mode?
>


Wouldn't it be more appropriate to adjust for time, rather than distance?
 
Tom Crispin wrote:
> On Sun, 02 Jul 2006 11:28:38 +0100, JNugent <[email protected]>
> wrote:
>
>
>>The risk posed by footway cyclists is entirely deliberate and is casually
>>imposed on others for the benefit of the cyclist.

>
>
> If walking along a footway, what would you prefer to encounter:
>
> 1. A cyclist under control deliberately on the footway
>
> 2. A motorist out of control inadvertently on the footway


Do the victims get that sort of choice?
 
Tom Crispin wrote:
> On Sun, 2 Jul 2006 10:55:04 +0100, "Brimstone" <[email protected]>
> wrote:
>
>
>>In news:eek:[email protected],
>>Tom Crispin said:
>>
>>>On Sun, 2 Jul 2006 10:00:11 +0100, "Brimstone" <[email protected]>
>>>wrote:
>>>
>>>
>>>>In news:[email protected],
>>>>JNugent said:
>>>>
>>>>>But when a selfish yob rides a bike on the
>>>>>footway, that is a *deliberate* decision to pose a risk to
>>>>>pedestrians like me and unacceptable for that reason.
>>>>
>>>>Is a pensioner also a "selfish yob"?
>>>
>>>And what about a young child. Would you force them to ride to primary
>>>school on a busy road? Or do you think the parent is in the best
>>>position to decide if they are competent enough to cycle on the road
>>>or footway for any given section of their journey to school?

>>
>>According to reports, no child cycles to school. They all get driven there
>>by Mummy (occasionally Daddy) in 4x4s.

>
>
> Two weeks ago I counted 54 bikes in the bike sheds at the inner London
> primary school where I teach.
>
> On a cold December day there were 37.
>
> http://www.flickr.com/photo_zoom.gne?id=120403782&size=l
>
> 3 belong to staff.


<sharp intake of breath>

I don't often indulge in this sort of thing (as ukt regulars will know) -
but have you ever thought of getting a life?
 
JNugent wrote:
> Tony Raven wrote:
>
>> JNugent wrote:

>
>
>>>> The benefit to cyclists of cycling on the pavement is that of being
>>>> further away from the careless and inconsiderate motorists mentioned
>>>> above.

>
>
>>> Not relevant. They are not allowed to just pass the danger to others.
>>> They
>>> are not forced to cycle at all.

>
>
>> Neither are motorists forced to drive.

>
>
> But they are allowed to drive.
>
> > Are you suggesting that

>
>> motorists should be banned en masse from driving until they can
>> demonstrate that they will kill or injure fewer people than cyclists?

>
>
> No.
>
> Simply that no-one is free to pass perceived dangers to themselves onto
> others by breaking the law.
>
> That's not too hard to understand, is it?


And your line on those who generate the dangers?
 
In news:[email protected],
JNugent said:
> Tom Crispin wrote:


>> The same could be said of people who drop litter.

>
> Indeed it could.
>
> But what would be the relevance of saying it (other than that it is
> another offence committed by selfish yobs, I mean)? At least it isn't
> usually dangerous, unlike cycling on the footway, eh?


I wonder how many people trip or slip on inconsiderately discarded
packaging, including fruit skins etc, and are hurt compared to the number
hurt by cyclists on the footpath. Has any research been done?
 
Tony Raven wrote:

> JNugent wrote:
>>Tony Raven wrote:


>>>I notice by the way that JNugent in his replies has conveniently
>>>bypassed my posts about the relative risks to pedestrians on pavements
>>>and crossing from cyclists and motorists.


>>I have addressed that "point" entirely properly - it is totally irrelevant.
>>Two wrongs do not make a right - as I had expected you must have already known.
>>But apparently not.


> Two wrongs do not make a right but since one of those wrongs has
> massively larger consequences than the other why do you spend all your
> time focussing on the minor wrong?


It is not "minor". Deliberate law-breaking (especially inconsiderate acts
causing danger) are always to be deprecated.

> Tell us what you think about the major wrong? Should motorists be
> allowed to get away with driving in a manner such that they lose
> control of their vehicle and kill their passengers and
> pedestrians (at the rate for children of a Soham every other day)?


No. AIUI (you may be more familiar with the process than I am), such
behaviour is illegal and is (quite rightly) often prosecuted.

Next.

> And by the way the pedestrians deaths are by no means all
> loss of control. A major proportion are due to driving on the pavement
> or across a pavement or pedestrian crossing without looking out for
> pedestrians already using the pavement or crossing.


Prosecute them.

Next.

> I look forward to what you think should be done about the this major
> wrong.


It already happens.

> Or do you think that police time should be concentrated on
> arresting those who drop litter and they should ignore all the serious
> crimes?


Clamping down on the dropping of litter would be no bad thing (and not
before time in many places), but it is irrelevant as to whether cyclists
should get away with causing unnecessary danger to pedestrians on the
footway - isn't it?
 
Al C-F wrote:
> JNugent wrote:
>
>> Tony Raven wrote:
>>
>>> JNugent wrote:

>>
>>
>>
>>>>> The benefit to cyclists of cycling on the pavement is that of being
>>>>> further away from the careless and inconsiderate motorists
>>>>> mentioned above.

>>
>>
>>
>>>> Not relevant. They are not allowed to just pass the danger to
>>>> others. They
>>>> are not forced to cycle at all.

>>
>>
>>
>>> Neither are motorists forced to drive.

>>
>>
>>
>> But they are allowed to drive.
>>
>> > Are you suggesting that

>>
>>> motorists should be banned en masse from driving until they can
>>> demonstrate that they will kill or injure fewer people than cyclists?

>>
>>
>>
>> No.
>>
>> Simply that no-one is free to pass perceived dangers to themselves
>> onto others by breaking the law.
>>
>> That's not too hard to understand, is it?

>
>
> And your line on those who generate the dangers?


The cyclists?

I think I've made that clear enough.
 
Brimstone wrote:
> In news:[email protected],
> JNugent said:
>
>>Tom Crispin wrote:

>
>
>>>The same could be said of people who drop litter.

>>
>>Indeed it could.
>>
>>But what would be the relevance of saying it (other than that it is
>>another offence committed by selfish yobs, I mean)? At least it isn't
>>usually dangerous, unlike cycling on the footway, eh?

>
>
> I wonder how many people trip or slip on inconsiderately discarded
> packaging, including fruit skins etc, and are hurt compared to the number
> hurt by cyclists on the footpath. Has any research been done?


I KNEW that someone would start diverting onto that.
 
In news:[email protected],
JNugent said:
> Al C-F wrote:


>> And your line on those who generate the dangers?

>
> The cyclists?
>
> I think I've made that clear enough.


Surely if that were true it would be reflected in the figures for injuries
to pedestrians caused by cyclists riding on the footpath?
 
Brimstone wrote:
> In news:[email protected],
> JNugent said:
>
>>Brimstone wrote:
>>
>>
>>>JNugent said:
>>>
>>>>David Hansen wrote:

>>
>>>>>Was not one of the first "on-the-spot" fines for pavement cycling
>>>>>given to a nurse in York who didn't fancy using the adjacent road
>>>>>with her young child in a child seat?

>>
>>>>I don't know.
>>>>But if true, she could just have wheeled the bike, couldn't she?

>>
>>>>And what does her occupation have to do with it?

>>
>>>A nurse is a member of a supposed "caring profession".

>>
>>???
>>
>>Shouldn't she care about pedestrians?

>
>
> We don't know that she didn't.


Is cycling on the footway "caring about pedestrians"?
 
In news:[email protected],
JNugent said:
> Brimstone wrote:
>> In news:[email protected],
>> JNugent said:
>>
>>> Tom Crispin wrote:

>>
>>
>>>> The same could be said of people who drop litter.
>>>
>>> Indeed it could.
>>>
>>> But what would be the relevance of saying it (other than that it is
>>> another offence committed by selfish yobs, I mean)? At least it
>>> isn't usually dangerous, unlike cycling on the footway, eh?

>>
>>
>> I wonder how many people trip or slip on inconsiderately discarded
>> packaging, including fruit skins etc, and are hurt compared to the
>> number hurt by cyclists on the footpath. Has any research been done?

>
> I KNEW that someone would start diverting onto that.


Anything to oblige. :)
 
In news:[email protected],
JNugent said:
> Brimstone wrote:
>> In news:[email protected],
>> JNugent said:
>>
>>> Brimstone wrote:
>>>
>>>
>>>> JNugent said:
>>>>
>>>>> David Hansen wrote:
>>>
>>>>>> Was not one of the first "on-the-spot" fines for pavement cycling
>>>>>> given to a nurse in York who didn't fancy using the adjacent road
>>>>>> with her young child in a child seat?
>>>
>>>>> I don't know.
>>>>> But if true, she could just have wheeled the bike, couldn't she?
>>>
>>>>> And what does her occupation have to do with it?
>>>
>>>> A nurse is a member of a supposed "caring profession".
>>>
>>> ???
>>>
>>> Shouldn't she care about pedestrians?

>>
>>
>> We don't know that she didn't.

>
> Is cycling on the footway "caring about pedestrians"?


That depends on the manner in which she commited the act. Upon approaching
pedestrians (assuming there were any) did she give ample warning of her
approach and slow to a speed at which she could take avoiding action?

To suggest that cycling on a footway on which cycling is forbidden is
automatically dangerous to pedestrians is preposterous.