In message <[email hidden]>, Colin Blackburn
<[email hidden]> writes
Quoted message said:The second mention of bikes is from someone claiming they knew someone
who got a speeding ticket for cycling. This is then followed up by a
police officer failing to understand the situation himself despite
trying to clear things up. He claims that cycling offences are
essentially scaled down motoring offences, suggesting some sort or
parallel between the offences.
Call me a sad old git if you like but I have sent the following to the
BBC twice over the last fortnight since the original article. They have
not acknowledged or contacted me. Just broadcast the drivel claiming to
come from a PC in the Met!
====================================================
Cyclists are NOT subject to speed limits
Let us clear this up for once and for all. At the time of writing it is
not illegal for a pedal cycle to be ridden in excess of the speed limit
on any public road (highway) in England and Wales. Pedal Cyclists
cannot be prosecuted for speeding nor can they be issued with a fixed
penalty ticket for speeding on the public roads.
The Pedal cycle construction and use regulations do not require a pedal
cycle to be fitted with any device for measuring speed.
If a cyclist rides their machine furiously, dangerously, without due
care and attention, without reasonable consideration for other users of
the road or under the influence of drink or drugs they may be subject to
prosecution. ( ss 28 to 30 Road Traffic Act 1988). If a cyclist rides
a machine not constructed or adapted for the carriage of more than one
person whilst it is carrying more than one person or rides a cycle on a
footway then they may be prosecuted or issued with fixed penalty
notices. (There are other cycling offences, including selling a bike
not fitted with a bell but they are outside the scope of this paper.)
Racing pedal cycles on a highway is permitted under certain
circumstances set out in s31 Road Traffic Act 1988. This section
contains no exception to speed limits, it does not need one because
there are none,
To Labour the point, fixed penalty notices may not be issued to cyclists
for speeding with the possible exception of speeding in the Royal Parks.
There are speed regulations which apply to the roads in Royal Parks. The
park regulations refer to 'any vehicle' rather than 'motor vehicle'.
Cycles may only be ridden on Park Roads see (Reg. 2(28) except that from
May 2004 children up to the age of ten will be allowed to cycle on park
footpaths.) It would appear, therefore that the speed limits that apply
on those roads apply to cyclists. I have no precedent to go on which
indicates whether this view has been taken.
The Royal Parks and Other Open Spaces Regulations 1997
(Statutory Instrument 1997 No. 1639)
2. No person, without the written permission of the Secretary of State,
shall-
(4) use… any pedal cycle, or other foot propelled device… except on
a Park road or in an area designated and marked as being for that
purpose by the Secretary of State;…
(28) drive or ride any vehicle on a Park road in excess of the speed
specified in relation to that road in Part II of Schedule 2 to these
Regulations;
There is no circumstance where anything done by a cyclist in control of
a pedal cycle will lead to their driving licence being endorsed with
penalty points. (Although there are provisions that make it possible for
any offender to be disqualified from driving for any offence (see s. 146
Powers of Criminal Courts Sentencing Act 2000)
Speed limits on Ordinary Roads are set by the Road Traffic Regulation
Act 1984
81 General speed limit for restricted roads
(1) It shall not be lawful for a person to drive a MOTOR VEHICLE on a
restricted road at a speed exceeding 30 miles per hour.
Pedal cycles are not motor vehicles. A restricted road is one with
streetlights set at a minimum distance.
Sections 84 to 89 of the same act refer to other types of road, types of
vehicle, signage, temporary limits, emergency vehicles and to the
offence of 'speeding'. They all apply only to Motor Vehicles.
To sum up and repeat ad nauseam
Pedal cycles are NOT subject to speed limits on public roads.
Pedal cyclists cannot be prosecuted for speeding.
Pedal cyclists cannot be given fixed penalty notices for speeding.
--
Keeper
