Re: Cyclist kills pedestrian

  • Thread starter Lord Turkey Cough
  • Start date



David Hansen <[email protected]> writes:

> On Thu, 11 Oct 2007 01:01:56 +0100 someone who may be Alex Heney
> <[email protected]> wrote this:-
>
>>If you want to redefine "footway" to mean only those reserved for
>>pedestrians, then you would indeed be correct (obviously).
>>
>>But that isn't the definition of "footway". Many "footways" are shared
>>use.

>
> Indeed. On the A90, where the "cycle friendly" City of Edinburgh
> Council banned cyclists from using the road a few years ago, the
> signs say that "cyclists must use the footway".


Do those signs have any legal force? To actually prevent (in the legal
sense) cycling on the main carriageway presumably you need "no
cycling" signs?
 
On Thu, 11 Oct 2007 09:40:37 +0100 someone who may be Paul Rudin
<[email protected]> wrote this:-

>>>But that isn't the definition of "footway". Many "footways" are shared
>>>use.

>>
>> Indeed. On the A90, where the "cycle friendly" City of Edinburgh
>> Council banned cyclists from using the road a few years ago, the
>> signs say that "cyclists must use the footway".

>
>Do those signs have any legal force? To actually prevent (in the legal
>sense) cycling on the main carriageway presumably you need "no
>cycling" signs?


Signs exist to draw the attention of people to a legal document, in
this case a piece of paper banning cyclists (and pedestrians) from
using the road. These particular signs just consist of words, but
there are other signs containing the usual pictograms.


--
David Hansen, Edinburgh
I will *always* explain revoked encryption keys, unless RIP prevents me
http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54
 
On Thu, 11 Oct 2007 12:00:29 +0100, David Hansen wrote:

> On Thu, 11 Oct 2007 09:40:37 +0100 someone who may be Paul Rudin
> <[email protected]> wrote this:-
>
>>>>But that isn't the definition of "footway". Many "footways" are shared
>>>>use.
>>>
>>> Indeed. On the A90, where the "cycle friendly" City of Edinburgh
>>> Council banned cyclists from using the road a few years ago, the
>>> signs say that "cyclists must use the footway".

>>
>>Do those signs have any legal force? To actually prevent (in the legal
>>sense) cycling on the main carriageway presumably you need "no
>>cycling" signs?

>
> Signs exist to draw the attention of people to a legal document, in
> this case a piece of paper banning cyclists (and pedestrians) from
> using the road. These particular signs just consist of words, but
> there are other signs containing the usual pictograms.


In the case of signs on the roads, is it not true that they must by law
conform to various standards; and if they do not, they cannot be said to be
drawing attention to such documents?
 
On Thu, 11 Oct 2007 11:04:40 GMT someone who may be _
<[email protected]> wrote this:-

>In the case of signs on the roads, is it not true that they must by law
>conform to various standards; and if they do not, they cannot be said to be
>drawing attention to such documents?


Pass. However, it has no bearing on what a "footway" is, which does
include ones where cycling is permitted.


--
David Hansen, Edinburgh
I will *always* explain revoked encryption keys, unless RIP prevents me
http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54
 
At 06:31:34 on 11/10/2007, Lord Turkey Cough delighted uk.legal by
announcing:

> > > > > Some people stupidity and inconsideration seems so deeply
> > > > > ingrained I actually wonder if it is an undiognosed nmental
> > > > > illness.

> >
> > > > You took the words right out...

> >
> > > Oh the irony.

> >
> > There is no irony at all in observing that cycling along the
> > footway is not only illegal, but also stupid and inconsiderate.

>
> That's garbage. If the conditions dictate it is right and proper a
> bicycle on a pavement is no more dangerous than a pram.


How many prams travel at 25mph?
 
Alex Heney wrote:
> On Wed, 10 Oct 2007 23:55:28 +0100, JNugent
> <[email protected]> wrote:
>
>
>>Alex Heney wrote:
>>
>>>On Wed, 10 Oct 2007 13:36:32 +0100, JNugent

>
> <snip>
>
>>>>Is riding on the footway automatically illegal? Yes (and no
>>>>qualification needed).
>>>>
>>>
>>>
>>>Except that it isn't.

>>
>>Cycling along a footway (a paved route reserved for pedestrians) is
>>always illegal. That you don't know that should surprise me. But it
>>somehow doesn't.

>
>
> If you want to redefine "footway" to mean only those reserved for
> pedestrians, then you would indeed be correct (obviously).
>
> But that isn't the definition of "footway". Many "footways" are shared
> use.


But not many in Central London, which seems to be the focus of the
recent ire.

I don't argue against cycling use of "shared paths" where they exist
(there'd be no point in that), but I do take the view that such things
should be scrapped - totally and as soon as possible. Their existence
confuses the issue elsewhere. The footway is supposed to be a safe
place for pedestrians.
 
Lord Turkey Cough wrote:
> "JNugent" <[email protected]> wrote in message
> news:[email protected]...
>
>>Lord Turkey Cough wrote:
>>
>>>"JNugent" <[email protected]> wrote in message
>>>news:[email protected]...
>>>
>>>
>>>>Lord Turkey Cough wrote:
>>>>
>>>>
>>>>
>>>>>"Periander" <[email protected]> wrote:
>>>>>
>>>>>
>>>>>>"Lord Turkey Cough" <[email protected]> wrote:
>>>>
>>>>>>>>He was riding on the PATH - oh dear, some mothers do 'av em...
>>>>
>>>>>>>Yes because there was no adaquate cycle path to protect him from
>>>>>>>dangerous traffic. What do you expec him to do? Get crushed by an
>>>>>>>artic?
>>>>
>>>>>>Get off his bike and push it along the path, buy a car, stay at home or
>>>>>>even use the bloody road like he should have been doing.
>>>>
>>>>>Oh yes just like you get out of your car and push it past a childrens
>>>>>school.
>>>>>Do you ****. Can't you see what an effing hypocrite you are?
>>>>
>>>>AIUI, the PP was suggesting doing something legal as opposed to something
>>>>illegal.
>>>>
>>>>What was wrong with that?
>>>>
>>>>
>>>>
>>>>>"Oh no I will slow down to 20 mph, because guess what - some kids can
>>>>>actually survive being hit by a car at 20 mph so I am being a really
>>>>>considerate guy" -not.
>>>>
>>>>Is driving at 20mph past a school illegal? No.
>>>>
>>>>Is cycling on the footway illegal? Yes.
>>>>
>>>>
>>>>
>>>>>The stupidity of some people never ceases to amazes me.
>>>>
>>>>It amazes us all at times. Would you believe that there are some people
>>>>so stupid that they can't tell the difference between a legal and an
>>>>illegal act? But it appears that there such people. Either that, or they
>>>>are prepared to entirely overlook the illegality of an action (let alone
>>>>the danger it causes to other, more vulnerable, people) if it makes them
>>>>feel safer whilst committing it.
>>>
>>>
>>>The fact that you think something is right and proper just because
>>>it is illegal just shows what brainless moron some people are.

>>
>>Er... you got that wrong by 180°.
>>
>>
>>>>>Some people stupidity and inconsideration seems so deeply ingrained I
>>>>>actually wonder if it is an undiognosed nmental illness.

>>
>>>>You took the words right out...

>>
>>>Oh the irony.

>>
>>There is no irony at all in observing that cycling along the footway is
>>not only illegal, but also stupid and inconsiderate.


> That's garbage. If the conditions dictate it is right and proper a bicycle
> on a pavement is no more dangerous than a pram.


That's not for you to judge.

> Just because some
> stupid pedestrian thinks they can cross the pavement without
> looking to see if it is safe to do so, does not make it wrong.
> If you can't be bothered to look where you are going then you only
> have yourself to blame if someone runs into you, it is people who
> do that who are stupid and inconsiderate. No law can protect people
> like that, and people should not be punished to protect people who are
> devoid of any common sense. You need to learn to be responsible for
> your own actions, and the consequences of mindlessly going about what
> you are doing, otherwise you are likely to end up in hospital or worse.
> No laws can protect you from your own stupidity I am afraid.
> Key words - *Think* - Check - Act.. They have always but me in
> good stead and learning some wisdom from me will do you no harm.


You are an idiot if you believe any of that nonsense. As someone else
has said, I suspect that you are saying it only to get a reaction.
 
Alex wrote:
> At 06:31:34 on 11/10/2007, Lord Turkey Cough delighted uk.legal by
> announcing:
>> That's garbage. If the conditions dictate it is right and proper a
>> bicycle on a pavement is no more dangerous than a pram.

>
> How many prams travel at 25mph?


On assumes (at least, I would) that "the conditions" include "travelling
at pedestrian-compatible speeds" - i.e. walking pace or not much faster,
and able to stop in distance-seen-to-be-clear.

Suggesting that bikes per se are dangerous on pavements because thye are
capable of travelling at 25mph is like suggesting that high-performance
cars are dangerous in built-up areas because they are capable of
travelling at 120mph

(There may be other objections to bikes on pavements, sports cars in
builtup areas or even sports cars on pavements on social grounds - like,
how much space they take up per person benefiting from that use of space
- but "danger" really doesn't come into it).


-dan
 
On Thu, 11 Oct 2007 13:38:58 +0100, JNugent wrote:

> The footway is supposed to be a safe place for pedestrians.


Where do you find the basis for this assertion?
 
On Thu, 11 Oct 2007 13:41:26 +0100, JNugent
<[email protected]> wrote:

>>>There is no irony at all in observing that cycling along the footway is
>>>not only illegal, but also stupid and inconsiderate.

>
>> That's garbage. If the conditions dictate it is right and proper a bicycle
>> on a pavement is no more dangerous than a pram.

>
>That's not for you to judge.


So who is in a position to judge, then? The framers of the original "no
cycling on pavemet" law, now almost two centuries old? That was drafted
in an age that did not experience the modern traffic conditions we all
suffer today; long before the invention of the motorcar, even. Back
then, the idea of a child on a bicycle was unheard of.

In view of its antiquity, I suggest that the law needs re-examination.
Certainly, re-drafting it so it's in line with Home Office
recommendations on its enforcement[1] would be a step in the right
direction.

[1] http://www.bikeforall.net/content/cycling_and_the_law.php
 
On 11 Oct, 13:21, "Alex" <[email protected]> wrote:
> At 06:31:34 on 11/10/2007, Lord Turkey Cough delighted uk.legal by
> announcing:
>
> > > > > > Some people stupidity and inconsideration seems so deeply
> > > > > > ingrained I actually wonder if it is an undiognosed nmental
> > > > > > illness.

>
> > > > > You took the words right out...

>
> > > > Oh the irony.

>
> > > There is no irony at all in observing that cycling along the
> > > footway is not only illegal, but also stupid and inconsiderate.

>
> > That's garbage. If the conditions dictate it is right and proper a
> > bicycle on a pavement is no more dangerous than a pram.

>
> How many prams travel at 25mph?


I would say that, unless the brakes were applied, quite a few
perambulators could travel at such speeds. Of course, it would depend
on various factors such as the weight of the perambulator, the weight
of its occupant(s), the length of the hill, the steepness or gradient
of the hill and how hard it had been pushed.

--
x If you have been, was mummy depressed?
/|\
 
_ wrote:
> On Thu, 11 Oct 2007 13:38:58 +0100, JNugent wrote:
>
>
>>The footway is supposed to be a safe place for pedestrians.

>
>
> Where do you find the basis for this assertion?


Have it your own way: you don't se any reason for pedestrians to be safe.
 
Marc Brett wrote:
> On Thu, 11 Oct 2007 13:41:26 +0100, JNugent
> <[email protected]> wrote:
>
>
>>>>There is no irony at all in observing that cycling along the footway is
>>>>not only illegal, but also stupid and inconsiderate.

>>
>>>That's garbage. If the conditions dictate it is right and proper a bicycle
>>>on a pavement is no more dangerous than a pram.

>>
>>That's not for you to judge.

>
>
> So who is in a position to judge, then?


No-one.

It's illegal to cycle on the footway.

You (or the PP) might as well claim that since it's safe to drive on
an empty motorway at 120mph (and it is) that no prosecution should
take place in such circumstances.

> The framers of the original "no
> cycling on pavemet" law, now almost two centuries old? That was drafted
> in an age that did not experience the modern traffic conditions we all
> suffer today; long before the invention of the motorcar, even. Back
> then, the idea of a child on a bicycle was unheard of.


> In view of its antiquity, I suggest that the law needs re-examination.
> Certainly, re-drafting it so it's in line with Home Office
> recommendations on its enforcement[1] would be a step in the right
> direction.


> [1] http://www.bikeforall.net/content/cycling_and_the_law.php


Ah... so you're another that cares nowt for pedestrian safety?
 
On Thu, 11 Oct 2007 18:42:07 +0100, JNugent wrote:

> _ wrote:
>> On Thu, 11 Oct 2007 13:38:58 +0100, JNugent wrote:
>>
>>
>>>The footway is supposed to be a safe place for pedestrians.

>>
>>
>> Where do you find the basis for this assertion?

>
> Have it your own way: you don't se any reason for pedestrians to be safe.


I take it that you were making this up, then.
 
_ wrote:
> On Thu, 11 Oct 2007 18:42:07 +0100, JNugent wrote:
>
>
>>_ wrote:
>>
>>>On Thu, 11 Oct 2007 13:38:58 +0100, JNugent wrote:
>>>
>>>
>>>
>>>>The footway is supposed to be a safe place for pedestrians.
>>>
>>>
>>>Where do you find the basis for this assertion?

>>
>>Have it your own way: you don't se any reason for pedestrians to be safe.

>
>
> I take it that you were making this up, then.


I suppose I must be. It's not as though pedestrians are entitled to
expect not to encounter bicycles travelling along the footway at 25mph
(or any speed), is it?
 
On Thu, 11 Oct 2007 18:44:23 +0100, JNugent
<[email protected]> wrote:

>Marc Brett wrote:
>> On Thu, 11 Oct 2007 13:41:26 +0100, JNugent
>> <[email protected]> wrote:
>>
>>
>>>>>There is no irony at all in observing that cycling along the footway is
>>>>>not only illegal, but also stupid and inconsiderate.
>>>
>>>>That's garbage. If the conditions dictate it is right and proper a bicycle
>>>>on a pavement is no more dangerous than a pram.
>>>
>>>That's not for you to judge.

>>
>>
>> So who is in a position to judge, then?

>
>No-one.


Eh?

>It's illegal to cycle on the footway.
>
>> The framers of the original "no
>> cycling on pavemet" law, now almost two centuries old? That was drafted
>> in an age that did not experience the modern traffic conditions we all
>> suffer today; long before the invention of the motorcar, even. Back
>> then, the idea of a child on a bicycle was unheard of.

>
>> In view of its antiquity, I suggest that the law needs re-examination.
>> Certainly, re-drafting it so it's in line with Home Office
>> recommendations on its enforcement[1] would be a step in the right
>> direction.

>
>> [1] http://www.bikeforall.net/content/cycling_and_the_law.php

>
>Ah... so you're another that cares nowt for pedestrian safety?


Absolutely not; I care about it a lot. I am also sympathetic to the
Home Office advice on pavement cycling:

"The introduction of the fixed penalty is not aimed at responsible
cyclists who sometimes feel obliged to use the pavement out of fear of
traffic and who show consideration to other pavement users when doing
so. Chief police officers, who are responsible for enforcement,
acknowledge that many cyclists, particularly children and young people,
are afraid to cycle on the road, sensitivity and careful use of police
discretion is required."

In what way does this advice compromise pedestrian safety? If the
legislation was to be redrafted to enshrine these guidelines into law,
how would that compromise pedestrian safety?
 
On Thu, 11 Oct 2007 19:38:18 +0100, JNugent
<[email protected]> wrote:


>>>>>The footway is supposed to be a safe place for pedestrians.


>It's not as though pedestrians are entitled to
>expect not to encounter bicycles travelling along the footway at 25mph
>(or any speed), is it?


Any speed?????

I think we'd all agree that pedestrians don't have any problems
encountering bikes travelling along the footway at 0 mph. Equally, I'd
expect everyone to agree that footway bikes travelling at 25 mph are a
menace.

So there must be some threshold between 0 mph and 25 mph, below which
pedestrians don't feel threatened, and above which they do feel (and
indeed are) threatened.

What is that speed? Lawyers and pedants would certainly say 0 mph, but
if there were no existing pavement cycling law where would reasonable
people draw the line?
 
JNugent wrote:
>
> I don't argue against cycling use of "shared paths" where they exist
> (there'd be no point in that), but I do take the view that such things
> should be scrapped - totally and as soon as possible. Their existence
> confuses the issue elsewhere.


Quick! Call a doctor! I actually agree with something JNugent wrote!

--
Don Whybrow

Sequi Bonum Non Time

'Tis an ill wind that blows no minds.
 
Marc Brett wrote:
> On Thu, 11 Oct 2007 18:44:23 +0100, JNugent
> <[email protected]> wrote:
>
>
>>Marc Brett wrote:
>>
>>>On Thu, 11 Oct 2007 13:41:26 +0100, JNugent
>>><[email protected]> wrote:
>>>
>>>
>>>
>>>>>>There is no irony at all in observing that cycling along the footway is
>>>>>>not only illegal, but also stupid and inconsiderate.
>>>>
>>>>>That's garbage. If the conditions dictate it is right and proper a bicycle
>>>>>on a pavement is no more dangerous than a pram.
>>>>
>>>>That's not for you to judge.
>>>
>>>
>>>So who is in a position to judge, then?

>>
>>No-one.

>
>
> Eh?
>
>
>>It's illegal to cycle on the footway.
>>
>>
>>>The framers of the original "no
>>>cycling on pavemet" law, now almost two centuries old? That was drafted
>>>in an age that did not experience the modern traffic conditions we all
>>>suffer today; long before the invention of the motorcar, even. Back
>>>then, the idea of a child on a bicycle was unheard of.

>>
>>>In view of its antiquity, I suggest that the law needs re-examination.
>>>Certainly, re-drafting it so it's in line with Home Office
>>>recommendations on its enforcement[1] would be a step in the right
>>>direction.

>>
>>>[1] http://www.bikeforall.net/content/cycling_and_the_law.php


>>Ah... so you're another that cares nowt for pedestrian safety?


> Absolutely not; I care about it a lot. I am also sympathetic to the
> Home Office advice on pavement cycling:


> "The introduction of the fixed penalty is not aimed at responsible
> cyclists who sometimes feel obliged to use the pavement out of fear of
> traffic and who show consideration to other pavement users when doing
> so. Chief police officers, who are responsible for enforcement,
> acknowledge that many cyclists, particularly children and young people,
> are afraid to cycle on the road, sensitivity and careful use of police
> discretion is required."


You might as well issue advice to the effect that it's OK to give
loaded guns to nine-year-olds as long as they use them responsibly.

> In what way does this advice compromise pedestrian safety?


By partly-empowering people to break the law with absolutely no
guarantee that they will take the slightest effective notice of the
advice or are capable of exercising the level of judgment which would
be essential in such a situation.

Can I be the only one who finds it absolutely bizarre that a
government department issues guidance authorising breach of the law?

What next? The DoT issuing guidance that it's ok to exceed speed
limits in some circumstances (judged by the individual driver)? Or by
the DWP to the effect that benefit fraud is OK as long as it's not too
much? Or HMRC saying that smuggling isn't all that bad, really, as
long as you don't get caught?

Cyclists should all simply ignore that patently stupidly-issued advice
and cycle only on the carriageway. I wonder whether that killer
cyclist (the one doing 25mph along the footway until stopped by
running into a defenceless pedestrian) had read that Home Office
advice? If so, the people who issued it should have that man's death
on their consciences.

> If the
> legislation was to be redrafted to enshrine these guidelines into law,
> how would that compromise pedestrian safety?


Who cares?

If there were any such suggestion, I for one would lobby hard against it.
 
Marc Brett wrote:
> On Thu, 11 Oct 2007 19:38:18 +0100, JNugent
> <[email protected]> wrote:
>
>
>
>>>>>>The footway is supposed to be a safe place for pedestrians.

>
>
>>It's not as though pedestrians are entitled to
>>expect not to encounter bicycles travelling along the footway at 25mph
>>(or any speed), is it?

>
>
> Any speed?????


Yes - ANY speed.

Which bit of "it's illegal" is too hard for you to understand?

> I think we'd all agree that pedestrians don't have any problems
> encountering bikes travelling along the footway at 0 mph. Equally, I'd
> expect everyone to agree that footway bikes travelling at 25 mph are a
> menace.


> So there must be some threshold between 0 mph and 25 mph, below which
> pedestrians don't feel threatened, and above which they do feel (and
> indeed are) threatened.


Not necessarily.