Cyclists win police court battle!



JNugent wrote on 11/07/2006 18:19 +0100:

>
>> I think our resident troll JNugent who is having to reposition as each
>> piece of ground he tries to hold proves untenable. He'll do anything
>> to try to demonise an activity that

>
> .... is an offence
>


An offence, like doing 31mph in a 30mph limit, that is accepted by the
ACPO guidelines and ministerial guidance as one not to be prosecuted
unless done without consideration for others.


--
Tony

"Anyone who conducts an argument by appealing to authority is not using
his intelligence; he is just using his memory."
- Leonardo da Vinci
 
Tom Crispin wrote:
> On Tue, 11 Jul 2006 18:52:50 +0100, JNugent <[email protected]>
> wrote:
>
>
>>Clive George wrote:
>>
>>
>>>"JNugent" <[email protected]> wrote:

>>
>>>>>Would it make it OK if the taxi were driving at the speed of a typical
>>>>>footway cyclist?

>>
>>>>About 20 - 25 mph?

>>
>>>Giggle. Hint : the average speed for a TDF stage is somewhere around
>>>25-28 mph. Typical footway cyclists won't be into double figures.

>>
>>You want to see some of them in London - and even down the footway of the
>>road I live in.
>>
>>But the answer is still the same if the speed is 10-15mph. It isn't
>>acceptable for any vehicle to do such speeds on a footway. Neither is it
>>necessary.

>
>
> I covered 15 miles today with a group of 13 others. The ride took us
> 3.5 hours. Average speed just over 4 mph, little more than a
> pedestrian.


I wish you were one of the local mob.
 
JNugent wrote on 11/07/2006 18:52 +0100:
> Clive George wrote:
>
>> "JNugent" <[email protected]> wrote:
>>> About 20 - 25 mph?

>
>> Giggle. Hint : the average speed for a TDF stage is somewhere around
>> 25-28 mph. Typical footway cyclists won't be into double figures.

>
> You want to see some of them in London - and even down the footway of
> the road I live in.


I find it difficult to get much over 20mph in good conditions on the
road in London. I think you are exaggerating every such a teensy weensy
big bit.

>
> But the answer is still the same if the speed is 10-15mph. It isn't
> acceptable for any vehicle to do such speeds on a footway. Neither is it
> necessary.


So you agree 10mph for a car on a footway is unacceptable and all this
travel speed nonsense you've been pedalling is ...well... nonsense.

--
Tony

"Anyone who conducts an argument by appealing to authority is not using
his intelligence; he is just using his memory."
- Leonardo da Vinci
 
Tony Raven wrote:

> JNugent wrote on 11/07/2006 18:52 +0100:
>> Clive George wrote:
>>> "JNugent" <[email protected]> wrote:


>>>> About 20 - 25 mph?


>>> Giggle. Hint : the average speed for a TDF stage is somewhere around
>>> 25-28 mph. Typical footway cyclists won't be into double figures.


>> You want to see some of them in London - and even down the footway of
>> the road I live in.

> I find it difficult to get much over 20mph in good conditions on the
> road in London. I think you are exaggerating every such a teensy weensy
> big bit.


>> But the answer is still the same if the speed is 10-15mph. It isn't
>> acceptable for any vehicle to do such speeds on a footway. Neither is
>> it necessary.


> So you agree 10mph for a car on a footway is unacceptable


I have never said anything which even hinted at support for motor vehicles
travelling along the footway. Your question is therefore baseless and
pointless, isn't it?

> and all this
> travel speed nonsense you've been pedalling is ...well... nonsense.


....only to the extent that yobs don't ride bikes on the footway.

But they do.
 
JNugent wrote on 11/07/2006 19:30 +0100:

>> So you agree 10mph for a car on a footway is unacceptable

>
> I have never said anything which even hinted at support for motor
> vehicles travelling along the footway. Your question is therefore
> baseless and pointless, isn't it?
>


So it was another JNugent who said:
> That, of course - as you know full well - is not "it".
>
> "It" is a vehicle being driven at normal road speed along a footway.


or

> But these things are not the comparator, which is straightforward
> travelling along the footway at normal speeds as though the footway
> were a cycle track. That is unique to bikes, though you'd never guess
> it from the antics of some.


or

> I don't accept that drivers deliberately drive (at travelling speed)
> along the footway.



So what you (or he) is now saying is that travelling at any speed on a
pavement by a motorist, unless crossing the footway at an authorised
driveway, is illegal, is done by motorists and kills 70 pedestrians a
year on the footway. I'm glad we cleared that up and got rid of all the
travelling speed nonsense you were using to disqualify driving on the
pavement from being considered by you as driving on the pavement.

--
Tony

"Anyone who conducts an argument by appealing to authority is not using
his intelligence; he is just using his memory."
- Leonardo da Vinci
 
Tony Raven wrote:

> JNugent wrote on 11/07/2006 19:30 +0100:


>>> So you agree 10mph for a car on a footway is unacceptable


>> I have never said anything which even hinted at support for motor
>> vehicles travelling along the footway. Your question is therefore
>> baseless and pointless, isn't it?


> So it was another JNugent who said:


>> That, of course - as you know full well - is not "it".
>> "It" is a vehicle being driven at normal road speed along a footway.


Is a bike not a vehicle?

Are they not ridden along footways (and in other pedestrian areas) at
normal travelling speed (which is estimated by cyclists here as anything
between 4mph and about 28mph)?

I accept that I could/should have added "ridden" to "driven". Mea culpa.

> or


>> But these things are not the comparator, which is straightforward
>> travelling along the footway at normal speeds as though the footway
>> were a cycle track. That is unique to bikes, though you'd never guess
>> it from the antics of some.


And it is, isn't it?

> or


>> I don't accept that drivers deliberately drive (at travelling speed)
>> along the footway.


And what's more, no-one else does either.

> So what you (or he) is now saying is that travelling at any speed on a
> pavement by a motorist, unless crossing the footway at an authorised
> driveway, is illegal,


Has anyone ever claimed anything else?

> is done by motorists and kills 70 pedestrians a
> year on the footway.


No... many of those will be "out of control" incidents, or the result of
drunken driving like the "celebrated case" that someone fondly imagined
would prove that drivers drive along footways like cyclists.

> I'm glad we cleared that up and got rid of all the
> travelling speed nonsense you were using to disqualify driving on the
> pavement from being considered by you as driving on the pavement.


I have no objection to low-speed manoeuvring (by bikes or motor vehicles)
at footway crossings. Does anyone object to it? It wouldn't matter if they
did, because it's lawful - unlike riding a bike along the footway.

If a driver drives *along* the footway (at any speed), that would not meet
and has not met with any support from me. Why do you try to pretend that it
does or has? Have you finally realised that your actual "arguments" are
useless? Do you finally accept that too many yobs ride bikes on footways?
 
In article <[email protected]>, [email protected]
says...
> Tom Crispin wrote:
>
> > JNugent <[email protected]> wrote:
> >>Tony W wrote:
> >>>"Tony Raven" <[email protected]> wrote:
> >>>>Steve Bosman wrote on 11/07/2006 13:19 +0100:>>

>
> >>>>You must be mistaken. We have it on the authority of none other than
> >>>>JNugent that "it never happens" TM

>
> >>>I watched a taxi pull onto the pavement (all 4 wheels) to get round a
> >>>dustcart the other day.

>
> >>Was he doing 30 mph?

>
> > Would it make it OK if the taxi were driving at the speed of a typical
> > footway cyclist?

>
> About 20 - 25 mph?
>
> Certainly not.


YTFCI Alan Holmes AICMFP.

--
Dave Larrington - <http://www.legslarry.beerdrinkers.co.uk/>
Every establishment needs an opposition.
 
In article <[email protected]>, [email protected]
says...
> JNugent wrote on 11/07/2006 18:19 +0100:
>
> >
> >> I think our resident troll JNugent who is having to reposition as each
> >> piece of ground he tries to hold proves untenable. He'll do anything
> >> to try to demonise an activity that

> >
> > .... is an offence
> >

>
> An offence, like doing 31mph in a 30mph limit, that is accepted by the
> ACPO guidelines and ministerial guidance as one not to be prosecuted
> unless done without consideration for others.


That's not an offence, that's an unwarranted tax on the Unfortunate
Motorist who takes his eyes off the speedo for a Single Second.

Troll!

P.S. Someone needs to register http://www.p94.org RSN.

--
Dave Larrington - <http://www.legslarry.beerdrinkers.co.uk/>
World Domination? Just find a world that's into that kind of thing, then
chain to the floor and walk up and down on it in high heels.
 
JNugent wrote on 11/07/2006 20:05 +0100:
> Tony Raven wrote:
>
>>> That, of course - as you know full well - is not "it".
>>> "It" is a vehicle being driven at normal road speed along a footway.

>
> Is a bike not a vehicle?
>


Bicycles are not driven despite you attempt to claim it meant bicycles
all along.


>
>>> I don't accept that drivers deliberately drive (at travelling speed)
>>> along the footway.

>
> And what's more, no-one else does either.
>


FSVO no-one that excludes the many people here who have repeatedly told
you of observing exactly that, Steve Bosman being the latest example of
what you continue to deny


>
> No... many of those will be "out of control" incidents, or the result of
> drunken driving like the "celebrated case" that someone fondly imagined
> would prove that drivers drive along footways like cyclists.
>


So "drivers" in your definition excludes any driver that drives on the
pavement illegally or kills pedestrians on the pavement? They are not
drunken drivers or careless or dangerous drivers but some other category
that its not drivers? Better get in touch with DfT so they can correct
their STATS19 definitions.

--
Tony

"Anyone who conducts an argument by appealing to authority is not using
his intelligence; he is just using his memory."
- Leonardo da Vinci
 
On Tue, 4 Jul 2006 23:55:39 +0100, Jonathan Schneider wrote
(in message <[email protected]>):

>> Huge is right, compulsory registration, compulsory insurance, safety
>> inspections and VED are long overdue for cyclists.

>
> And pedestrians too ?
>
> How would this work in practice given that the administration cost of
> such systems would be way more than the value of a bike ?


So what's that got to do with it, it doesn't cost the government to impose
costs and inconveniences on motorists so they keep doing it all the time. If
they chose to make registration etc compulsory for cyclists then they'd
simply make a charge to cover it.

As to how it would work, well that's fairly simple :

* they make it a requirement to show a registration number at all times - if
caught without then you get 3 points and 60quid fine

* they enforce the carriage of lights - caught without means 3 points and 60
quid

* they use red light cameras and pavement cameras to catch said cyclists
doing the things that are getting people so worked up. Get caught - 3 points
and 60 quid again.

* you'll have to get it tested. Not just pop in when it's convenient, but
thanks to the inflexibility of the new computer system, you have to book
weeks in advance AND pay more.

* You'll have to have compulsory 3rd party insurance

* and finally, they can add cyclists to the list of vehicles that the ANPR
cameras will deal with.



Of course, people will make false plates, so the government will make it that
instead of going to your local accessory show, you have to make a special
trip into town (remembering all the paperwork) and pay more to one of the few
places still making plates to get one. And they'll get nicked then, so you'll
have to go and get another expensive replacement.

And you'll have the fun of getting a summons from somewhere you've never been
and having to **prove** that it wasn't you - because in the new system you
will be guilty until you prove otherwise.


Yep, since us motorists have to put up with all this, I don't see why
cyclists shouldn'd have to !
 
On Sun, 2 Jul 2006 11:10:18 +0100, David Hansen wrote
(in message <[email protected]>):

> A quick skim of the BBC news web site produced 147 pages to do with
> cars and pavements. From just the first 15 of the 147 pages these
> stories are more than enough to demonstrate that motorists on the
> pavement pose a real danger to others. Note that I have not tried to
> eliminate duplicates thoroughly, so there might be a few duplicates.


I haven't looked at them all, but they seem to fall into two groups :

a very small number where someone has deliberately driven AT pedestrians

a larger number of "lost control" incidents

I didn't see any about drivers who were deliberately driving along the
pavement


Drivers losing control and mounting the pavement is a different kettle of
fish altogether, and it looked like a significant number of those reports had
circumstances likely to involve driving too fast and/or under the influence.
At least one suggested the elderly driver may have been taken ill.

Being taken ill isn't something that we can do much about. Losing control
from being plain f***ing daft I do not condone in any way - but unfortunately
the current obsession (amongst a vociferous minority of twits) with not
exceeding speed limits is having the effect of instilling a feeling of "it
doesn't matter how f***ing bad I drive as long as I don't break the speed
limit". If you keep telling people that they are not fit to assess an
appropriate speed for the conditions, don't complain when they stop trying !
 
On Sun, 2 Jul 2006 22:08:19 +0100, Brimstone wrote
(in message <[email protected]>):

> Only the myopic would have one rule with no flexibility for all situations.


You mean like "not exceeding an arbitray speed limit that bears little
relation to local conditions and has a fair probability of having been
imposed for political rather than safety reasons" ?
 
On Sun, 2 Jul 2006 6:16:05 +0100, iiiiDougiiii wrote
(in message <[email protected]>):

>> Yes they can, when Tony decides they should and his puppets vote for
>> anything
>> he tells them to. The NERC bill passed in May (or was it April) removed the
>> right to drive on certain roads.

>
> What is wrong with:
>
> "The Act delivers our commitment to curtail the inappropriate use of
> byways by motor vehicles by putting an end to claims for motor vehicle
> access on the basis of historical use by horse-drawn vehicles. Some of
> the worst damage is happening in our national parks, which is why we
> have given National Park Authorities the power to make traffic
> regulation orders."
>
> As long as they don't ban cyclists.


Apart from that statement being based on a pack of lies and misdirection ? Up
here, the Lake District National Park Authority (LDNPA) actually did a study,
and much to our surprise was vary honest and balanced - the jist was that
whilst 4x4 do cause some surface damage, it's isn't significant in most
cases, especially when taking into account the damage caused by other causes
(walkers and weather being the two main ones), and can be dealt with by
existing legislation and mangement. In other words, the LDNPA accepted that
no new legislation was needed - whilst still campaigning to have it !

And the Ramblers Association have a very well oiled lobbying machine that has
been working hard (and with a lot of success) to get laws passed to give them
access to everywhere and not have to share anything with anyone else - that's
really open minded for an organisation founded to campaign FOR legal access
rights.

And of course, as is the case with most laws designed to try and stop some
narrow definition of something, it's so full of holes and uncertainties that
it's going to be years before things have been sorted out - with us retaining
rights to use some roads that most of us haven't used much up till now
because we accept that they aren't suitable for lots of traffic, but losing
some roads that really do NOT suffer at all from our use.


And I'll finish with somthing that is probably news to most people - outside
of towns, and leaving out newly built roads, just about all the roads in the
country came into existence due to "historical use by horse-drawn vehicles".
Just to demonstrate how arbitrary things are, I'll give an example -
apologies to those who don't have a clue about where these roads are.

There are two roads known as Wrynose and Hardknott passes that link the
Ravenglass/Gosforth area to the Skelwith Bridge (Ambleside) area. These pass
over high ground, with steep gradients and tight corners.

There are two roads known as Garburn Pass and Stile End that link Town End
(Troutbeck Bridge), Kentmere, and Long Sleddale. These pass over high ground,
with steep gradients and tight corners.

In the 20s and 30s, all four of these roads were used by cars. They were of
similar character - steep gradients, tight corners, high ground, and
unsurfaced. In law, they were then, and still were until May this year,
legally of the same status.

Shortly before the way, Wrynose and Hardknott got covered in tarmac as a
means of making them easier to maintain. Garburn was next on the list but the
war got in the way. After the war there was no money and so Garburn got left
as it was. So the claim that it's ludicrous to claim vehiclular rights
because of historical use by horse and cart is itself ludicrous - since that
is exactly how the majority of our road network came into being. It's just a
case of some roads never got tarmaced !

The idiotic situation now is that Garburn may now be closed to vehicles - but
we do not know for certain until it gets tested in court ! It fits the
requirements (listed on the councils 'list of streets' and also marked as a
footpath or bridleway on the definitive map) to have vehiclular rights
removed - but it may also fit one or more of the exceptions and so retain
vehicular rights. But the way the law has been done is that there is no order
to be challenged - the only way to find out is to continue driving it, get
prosecuted (section 32, driving other than on a highway), and then argue in
court as to wheter any of the exceptions do apply !

Stile end stays open - it's a Byway Open to All Traffic (BOAT) - as does PART
of Garburn pass. Gatesgarth pass will now get more traffic as it too still
retains rights (it's a BOAT), but it's nature is such that we (responsible
4x4 drivers) accept that it isn't suitable for lots of use or at certain
times of the year.

Oh yes, and just for good measure, walkers ahve already been photographed and
reported to the police for continuing to drive part way along Walner Scar
road in order to park up before going and destroying Coniston Old Man !


In reality though, the people that the authorities really want to stop will
carry on using these roads (and also places they never should have anyway),
it's only those of us that have tried to be cooperative (and yes, we were
refused (ie actively blocked) offers to help with mainteinance of the roads).

Just another example of a vociferous minority clamouring to have something
banned because it's "not something WE think should go on", and succedding
because we have an authoritarian government that seems to enjoy telling
people what they can't do.
 
On Sun, 2 Jul 2006 22:21:52 +0100, JNugent wrote
(in message <[email protected]>):

>> I support the prosecution of any motorist who drives along the pavement. I
>> support the prosecution of any cyclist who rides along the pavement.
>> I support the prosecution of any motorist who runs a red light.
>> I support the prosecution of any cyclist who runs a red light.
>> Go on, try and make out that this is somehow unjust.

>
> That is my position also.


Ditto
 
On Tue, 11 Jul 2006 23:58:56 +0100, Simon Hobson
<[email protected]> wrote:

[Snip - loads of daft ideas]

>Yep, since us motorists have to put up with all this, I don't see why
>cyclists shouldn'd have to !


And wheelchair users? And micro scooter users? And skaters? And
pedestrians?

Where does it stop?
 
On Tue, 11 Jul 2006 23:59:20 +0100, Simon Hobson
<[email protected]> wrote:

>I didn't see any about drivers who were deliberately driving along the
>pavement


http://news.bbc.co.uk/1/hi/world/europe/3114564.stm
http://news.bbc.co.uk/1/hi/world/europe/3031590.stm
http://news.bbc.co.uk/1/hi/world/europe/guernsey/3589627.stm
http://news.bbc.co.uk/1/hi/world/europe/3015614.stm
http://news.bbc.co.uk/1/hi/world/europe/guernsey/3993103.stm

Pavement driving, it seems, is a serious problem on Guernsey.
 
On Tue, 11 Jul 2006 20:05:58 +0100, JNugent <[email protected]> wrote:

>If a driver drives *along* the footway (at any speed),


for any distance?

> that would not meet
>and has not met with any support from me.
 
On Tue, 11 Jul 2006 23:59:20 +0100, Simon Hobson <[email protected]>
wrote:

>I didn't see any about drivers who were deliberately driving along the
>pavement


Who needs newspaper reports? Pavement drivers leave dainty footprints which can
easily be recognized by an observant tracker. Just look for broken flagstones
on the footway.

In these parts, they're usually concentrated on street corners, near pubs and
other shops which take deliveries, houses where the owner shops online, narrow
streets where parking is difficult, near schools and churches, and just about
anywhere else that anyone might want to walk.

Evidence enough for you? Or did squadrons of lycra louts do that damage?
 
In news:[email protected],
Simon Hobson said:
> On Sun, 2 Jul 2006 22:08:19 +0100, Brimstone wrote
> (in message <[email protected]>):
>
>> Only the myopic would have one rule with no flexibility for all
>> situations.

>
> You mean like "not exceeding an arbitray speed limit that bears little
> relation to local conditions and has a fair probability of having been
> imposed for political rather than safety reasons" ?


Which falls outside the scope of this thread.
 
In news:[email protected],
Simon Hobson said:

> Just another example of a vociferous minority clamouring to have
> something banned because it's "not something WE think should go on",
> and succedding because we have an authoritarian government that seems
> to enjoy telling people what they can't do.


On the other hand, if the majority can't be bothered to make their voices
heard then those that shout the loudest are the ones who will be heard.