Target pavement cyclists, say MPs

Nope- you should only cycle on a pavement if you are under 12 years old, any older than that and you should have the bicycle confiscated and a £500 fine.

It's completely unacceptable.

/end_of_thread

Actually,

Having been issued a PFN for cycling on a public footpath, I am doing research in order to contest the ticket and came across your site which has raised some issues, namely how PCSO's view the law in relation to this.

I do not believe it is legal to stop a cyclist or issue a PFN on a 'footpath'.

The 1835 Highway Act (extended to include bicycles in the Local Gvt Act 1888) does indeed refer to cycling "
upon any footpath" but it goes on to say "....by the side of any road made or set apart for the use or accommodation of foot-passengers"

This means it refers only to 'pedestrian paths' by the side of the road and this interpretation was upheld in 2 court cases,-R v Pratt (1867) 3 QBD, and Selby v DPP (1994) RTR 157.

In Pratt the judgement stated;

(the 1835 Act)..".was intended not to protect footpaths simpliciter, but only footpaths or causeways by the side of a road"

In Selby the judgement stated;

"the alleyway in question did not constitute a footpath "(as defined in the 1835 Act)

The Highways Act 1980 section 392(1) has defined the meanings of 'footpath' and 'footway', a footway being by the side of a road, and the Department of Transport in 'Annex B Legal definitions and procedures' confirms this but goes on to say " Footways are the pedestrian paths alongside a carriageway, and are often referred to as a pavement".

**In summary then, he is suggesting that pavements in parks, alleyways and generally anywhere that doesn’t have a road beside it, is exempt from this law. **There are a few cases which appear to have agreed with this viewpoint and found in favour of the cyclist.
(emphasis added)

Still so certain?