I'm absolutely furious!

Quoted message said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

I am absolutely furious about this, especially considering this does
indeed form part of the national cycle route no. 5 (see
www.sustrans.org.uk)

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

Well, the first thing to do would be to find out who erected it.

Surely if it's legal to cycle on that route, then the gate would be an illegal
obstruction.

Quoted message said:

are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

Is it illegal? If you found a fallen tree on teh route, you'd be
legally entitled to remove it to allow you to pass....

regards, Ian SMith
--
|\ /| no .sig
|o o|
|/ \|

Quoted message said:

It is obviously known that this route is used by a lot of cyclists,
and obviously someone somewhere has decided they don't like cyclists
and are doing their best to block them. Now short of (illegally)
tearing this gate down, what exactly can I do about it?

Write to your council/Sustrans/Counciller?

On 9/5/05 4:13 pm, in article
[email hidden],

Quoted post said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

Quoted message said:

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

1. Find a family with a trailer and the local press.

2. Find a disabled user of the towpath and bring an actionunder the
Disabilities Discrimination Act if you cannot get the wheelchair through the
gate.

...d

Of course I have written to sustrans but so far have been fustrated, it
seems no one is prepared to take the issue seriously.

Very interestingly the gate does have the provision for a sort of
lock-and-key system which it claims is for "disabled users", this
allows the gate to be removed, but you need a key.

I haven't really had any succes in finding out who the gate was build
by, I believe the lock as with all locks on the thames is owned by the
environment agency, surely a body that would want to encourage cycling.
I have about a 13 mile cycle each way to work, and I could very easily
drive, but I try not to as much as possible but it is a long way and
really I think the authorities should be doing everything they can to
make it as easy as possible to cycle!!

"David Martin" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

On 9/5/05 4:13 pm, in article
[email hidden],

Quoted post said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

Quoted message said:

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

1. Find a family with a trailer and the local press.

2. Find a disabled user of the towpath and bring an action under the
Disabilities Discrimination Act if you cannot get the wheelchair through

the

Quoted message said:

gate.

..d

2. Find a disabled user of the towpath and bring an action under the
Disabilities Discrimination Act if you cannot get the wheelchair through the
gate.

Hear Hear.
There are gates where it is a pig to get my touring bike through (due to
'cages' being built for short road bikes). Others have restrictions at knee
height which means panniers have to be removed and replaced each time.
There's no way a wheelchair/mobility scooter will go through. (my dad uses
one).
I have always thought that it is discriminatory to allow pedestrians access
but not allow access for the disabled.
However, since the act came in, none of the gates I know of, have been
removed.
Does anyone know if such gates definitely come under the auspices of the
act?
If so, then is it sufficient that access is prevented? ie Does it actually
have to be a disabled person that makes the complaint?

Paul.

in message <[email hidden]>,

(') said:

Just recently someone has erected a "kissing gate" on the tow path
just past Iffley lock on the Thames in Oxford. Before hand there used
to be a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

I am absolutely furious about this, especially considering this does
indeed form part of the national cycle route no. 5 (see
www.sustrans.org.uk)

It is obviously known that this route is used by a lot of cyclists,
and obviously someone somewhere has decided they don't like cyclists
and are doing their best to block them. Now short of (illegally)
tearing this gate down, what exactly can I do about it?

Complain to your councillor (if it's in the area of the council you
elect), to your MP, and to Sustrans.

--
[email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/
Just as defying the law of gravity through building aircraft requires
careful design and a lot of effort, so too does defying laws of
economics. It seems to be a deeply ingrained aspect of humanity to
forever strive to improve things, so unquestioning acceptance of a
free market system seems to me to be unnatural. ;; Charles Bryant

in message <[email hidden]>, Paul D

(') said:

Quoted message said:

Just recently someone has erected a "kissing gate" on the tow path
just past Iffley lock on the Thames in Oxford. Before hand there used
to be a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

I am absolutely furious about this, especially considering this does
indeed form part of the national cycle route no. 5 (see
www.sustrans.org.uk)

It is obviously known that this route is used by a lot of cyclists,
and obviously someone somewhere has decided they don't like cyclists
and are doing their best to block them. Now short of (illegally)
tearing this gate down, what exactly can I do about it?

Well, the first thing to do would be to find out who erected it.

Surely if it's legal to cycle on that route, then the gate would be an
illegal obstruction.

Yup, it must be. A cyclepath is a highway, and it is illegal to obstruct
a highway.

--
[email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/
;; "If I were a Microsoft Public Relations person, I would probably
;; be sobbing on a desk right now" -- Rob Miller, editor, /.

Quoted message said:

Of course I have written to sustrans but so far have been fustrated, it
seems no one is prepared to take the issue seriously.

Very interestingly the gate does have the provision for a sort of
lock-and-key system which it claims is for "disabled users", this
allows the gate to be removed, but you need a key.

I haven't really had any succes in finding out who the gate was build
by, I believe the lock as with all locks on the thames is owned by the
environment agency, surely a body that would want to encourage cycling.
I have about a 13 mile cycle each way to work, and I could very easily
drive, but I try not to as much as possible but it is a long way and
really I think the authorities should be doing everything they can to
make it as easy as possible to cycle!!

As I understand it, the right to use a right of way includes the right
to use a bicycle along the route.

http://www.defra.gov.uk/wildlife-countryside/issues/public/

.... says: "Protecting Rights of Way"

"Highway authorities (usually synonymous with surveying authorities)
have a duty to assert and protect the rights of the public to the use
and enjoyment of any highway. In this instance, ‘highway’ includes
rights of way. This means they are obliged by law to keep rights of way
open and useable. There are various provisions that assist in carrying
out this duty."

"It is an offence to wilfully obstruct free passage along a highway
without lawful authority or excuse. Anyone can take out a prosecution
against those who obstruct a highway. In addition, highway authorities
may secure the removal of obstructions by serving notice on the person
responsible for the obstruction. If that person fails to comply with the
notice the highway authority is entitled to arrange for the removal of
the obstruction at that person’s expense."

"New powers, to be introduced under the Countryside and Rights of Way
Act 2000, enable any person to serve notice on a highway authority
requesting it to secure the removal of an obstruction. Such a notice may
lead to an order requiring the removal of the obstruction being imposed
by a magistrates’ court. In addition, the 2000 Act already provides for
a magistrates’ court to order the removal of an obstruction following a
conviction for wilful obstruction. Failure to comply with such an order
can lead to further fines, which may be imposed for each day the offence
continues. For more details about these provisions of the Countryside
and Rights of Way Act 2000,
http://www.defra.gov.uk/wildlife-countryside/cl/index.htm "

"The Government expects authorities to ensure that any obstructions they
discover, or have reported to them, are removed as soon as is reasonably
practicable."

--
Joe * If I cannot be free I'll be cheap

<[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

I am absolutely furious about this, especially considering this does
indeed form part of the national cycle route no. 5 (see
www.sustrans.org.uk)

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

If it's on a tow path, it could well be the British Waterways.

Quoted message said:

Anyone else affected by this issue?

The message <[email hidden]>
from [email hidden] contains these words:

Quoted message said:

Of course I have written to sustrans but so far have been fustrated, it
seems no one is prepared to take the issue seriously.

Quoted message said:

Very interestingly the gate does have the provision for a sort of
lock-and-key system which it claims is for "disabled users", this
allows the gate to be removed, but you need a key.

Quoted message said:

I haven't really had any succes in finding out who the gate was build
by, I believe the lock as with all locks on the thames is owned by the
environment agency, surely a body that would want to encourage cycling.
I have about a 13 mile cycle each way to work, and I could very easily
drive, but I try not to as much as possible but it is a long way and
really I think the authorities should be doing everything they can to
make it as easy as possible to cycle!!

Maybe these are the people to contact:

Rights of Way Office
Oxfordshire County Council
Countryside Services
Holton
Oxford
OX33 1QQ
01865 810202

Nik

oliver.keating said:

Very interestingly the gate does have the provision for a sort of
lock-and-key system which it claims is for "disabled users", this
allows the gate to be removed, but you need a key.

Presumably you mean a RADAR key: <URL:http://www.radar.org.uk>

First, I sincerely hope that you'll manage to get the gate removed.
Good luck with it, but I would advise against holding your breath.

David's suggestion:
"1. Find a family with a trailer and the local press."

is a good one. Although a family with a trailer would probably be able
to get a key if they complained to the council [1], the RADAR people
would frown upon it.

If it's still there come next Spring (which wouldn't surprise me in the
slightest) then you could still try David's second suggestion:
"2. Find a disabled user of the towpath and bring an actionunder the
Disabilities Discrimination Act if you cannot get the wheelchair through
the gate."

One problem with those gates is that if they're not used for a couple of
weeks in wet weather then the gate rusts to the gatepost. My local
council Cycling Officer told me about it and asked if I'd mind testing a
couple of gates that I regularly pass. Sure enough, I was completely
unable to shift either of them.

[1] We got a key when DW complained about new barriers at every entrance
to the local park. They were put in to prevent motorbikes from getting
in. They don't work - the first time I took the kids to the park after
the barriers were installed there was someone riding around on a
motorbike - but they are very effective at preventing anyone from
accessing the park while pushing a double buggy or while carrying a
child in a sling or a rucksack.

--
Danny Colyer (the UK company has been laughed out of my reply address)
<URL:http://www.speedy5.freeserve.co.uk/danny/>
"He who dares not offend cannot be honest." - Thomas Paine

JLB came up with the following;:

Quoted message said:

Paul - censored said:

[email hidden] came up with the following;:

Quoted message said:

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

Maybe they just want cyclists to slow down a tad?

Oliver Keating described it as "almost impossible to get through" with a
bike, which only corresponds to "slow down a tad" for unusually large
values of tads.

Yup. Sounds like that's the same 'slow down by not bothering in the first
place anyway' message that the fishermen [1] tried near us .. 😉

[1] The local club owned the fishing rights and also, apparently, the bank
side. As the bank was narrow, the path took maybe 50% of the width of the
bank, and the fishermen generally needed about 80% 🙂
--
Paul ...
(8(|) Homer Rules ..... Doh !!!
For Sale on Ebay
5771988658

On 9 May 2005 08:58:17 -0700 someone who may be
[email hidden] wrote this:-

Quoted message said:

Of course I have written to sustrans but so far have been fustrated,

Have you pointed out to them their publications on the subject? The
last time I looked these were available on their web site.

Quoted message said:

I believe the lock as with all locks on the thames is owned by the
environment agency, surely a body that would want to encourage cycling.

I doubt it. They are probably serial motorists.

Quoted message said:

I have about a 13 mile cycle each way to work, and I could very easily
drive, but I try not to as much as possible but it is a long way and
really I think the authorities should be doing everything they can to
make it as easy as possible to cycle!!

That might be a good line to take in the mass media.

--
David Hansen, Edinburgh | PGP email preferred-key number F566DA0E
I will always explain revoked keys, unless the UK government
prevents me by using the RIP Act 2000.

Richard Lucas said:

British Waterways aren't responsible for the Thames - it's the Environment
Agency as successors to the Thames Conservancy, IIRC.

And they claim to be keen supporters of cycling, hurrah!

http://www.environment-agency.gov.uk/subjects/recreation/345738/223320/?version=1&lang=_e
--
Best Regards
Richard

in message <[email hidden]>, JLB

(') said:

Anyone can take out a prosecution
against those who obstruct a highway.

Sorted. On you go, Oliver, get the [censored].

--
[email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/

For office use only. Please do not write or type below this line.

Quoted message said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

This renders it almost impossible to take a bicycle through, although
it can be achieved with great difficulty.

I am absolutely furious about this, especially considering this does
indeed form part of the national cycle route no. 5 (see
www.sustrans.org.uk)

It is obviously known that this route is used by a lot of cyclists, and
obviously someone somewhere has decided they don't like cyclists and
are doing their best to block them. Now short of (illegally) tearing
this gate down, what exactly can I do about it?

Anyone else affected by this issue?

I thought there was loads of kissing gates along the Thames? I've done a
relay (running, not cycling) along the Thames towpath and I remember going
through several kissing gates on my 7.5 mile leg around the
Chertsey/Shepperton area (I broke the leg record btw!).

--
Brian Wakem

:

Quoted message said:

Quoted message said:

Just recently someone has erected a "kissing gate" on the tow path just
past Iffley lock on the Thames in Oxford. Before hand there used to be
a gate

Quoted message said:

Quoted message said:

Now short of (illegally) tearing
this gate down, what exactly can I do about it?

Ingredients:
1 dark night
1 box of matches
1 bottle of lighter fluid.

Mix vigorously.

In the morning, the gate will be gone.

Simon Brooke said:

Yup, it must be. A cyclepath is a highway, and it is illegal to obstruct
a highway.

IIRC tow paths are not highways and their use for cycling is permissive
i.e. the owner (British Waterways) can do what they like as you are only
allowed there with their permission. They have no obligation to keep
them unblocked for cyclists

--
Tony

"A facility for quotation covers the absence of original thought" Lord
Peter Wimsey (Dorothy L. Sayers)