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  • Section 21 of the Road Traffic Act 1988 as amended by section 70 and Schedule 7 of the Countryside and Rights of Way Act 2000 provides the offence of parking or driving a mechanically propelled vehicle on a cycle track without lawful authority.

    OFFENCE
    21(1) It is an offence for a person who, without lawful authority, drives or parks a mechanically propelled vehicle wholly or partly on a cycle track.
    21(2) A person shall not be convicted of the offence with respect to a vehicle if he proves to the satisfaction of the court:-

    (a) that the vehicle was driven or (as the case may be) parked in contravention for the purpose of saving life, or extinguishing fire or meeting any other like emergency, or

    (b) that the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven or (as the case may be) parked in contravention in connection with the carrying out by or on behalf of that authority of any of the following, that is, the cleansing, maintenance or improvement of, or the maintenance or alteration of any structure or other work situated in the cycle track or its verges or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track, or

    (c) that the vehicle was owned or operated by statutory undertakers and was driven or (as the case may be) parked in contravention in connection with the carrying out by those undertakers of any works in relation to any apparatus belonging to or used by them for the purpose of undertaking.

    CYCLE TRACK
    means a way constituting or comprised in a highway, being a way over which the public have a right of access on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of this Act) with or without a right of way on foot.
    Thus, the offence can only be committed where passage is restricted to pedal cycles, or to pedal cycles and pedestrians.

    NOTE This section does not extend to Scotland.

    SOOOOO.... The final bit seems to confirm that it's got to be a cycle path as part of a pavement, or otherwise separated from a road and not just the bit of the road nearest the kerb.

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