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MP calls for “three strikes and you’re out” rule for pavement cyclists

Bike to be impounded if rider doesn’t pay its value as a fine – but has Stewart Jackson done his legal homework?

A Conservative MP says that anti-social cyclists who ride on the pavement should be subject to a “three strikes and you’re out” regime after which they are fined the value of their bike – and have it impounded if they don’t cough up. As one of the people who helps decide the country’s laws, though, he perhaps should have boned up on the legal situation first.

Stewart Jackson, who has represented Peterborough since 2005, acknowledges in his Westminster Life column for local newspaper Peterbrough Today that it's “a pretty cycle friendly city, with its many miles of cycle routes, commitment to sustainable transport, as recognised by Central Government and aspirations to be the Environment Capital of the UK. So far, so good. What’s not to like?”

Quite a lot, it turns out.

“Well,” he continues, “the slightly superior and arrogant attitude of some hard core cyclists, who really don’t believe that basic roadcraft rules and conventions and the Highway Code really applies to them.”

Mr Jackson says his eyes were opened to the strength of feeling about people who ride on the pavement at a local Police and Community Neighbourhood Panel where he found people “were seriously irritated, annoyed, crazy, mad” about them.

He goes on: “People say, ‘it’s Eastern Europeans who don’t understand the rules of the road....’ but it isn’t. Young men and women, older men and women, students, council workers, parents with kids....yes, they all ride on the pavement at speed and really couldn’t give a monkey’s what you think about it or about your safety and security as a pedestrian and the fact that you might have babies and toddlers with you.”

The MP adds that the police “don’t seem that bothered either, despite the fact that a criminal offence is being committed and the law is seemingly being flouted with immunity.”

While cycling on the footway is illegal under Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888, the situation of enforcement is less cut and dried than the politician seems to believe, as a look at Bike Hub’s excellent Cycling and the Law article reveals.

Earlier this year, transport minister Robert Goodwill said in a letter to Donnachadh McCarthy of the campaign group Stop Killing Cyclist that Home Office guidance first issued in 1999 by former Home Office minister Paul Boateng which told police to use their discretion was still valid.

The latter had written to senior police officers to say: “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.”

Following Mr Goodwill’s reiteration of that guidance this year, the Association of Chief Police Officers (ACPO) repeated its support of the Mr Boateng’s 1999 letter, saying: “We welcome the re-issued guidance from the Minister for Cycling in respect of cycling on the pavement and have re-circulated this to all local forces.”

Back in Peterborough, Mr Jackson acknowledges that “of course there are some diligent, law abiding and respectful cyclists and I absolve them of my ire and collective opprobrium.

“But what about the “couldn’t give a damn” crew, who whizz round the corner on your street risking life and limb (yours, not their’s),” he asks.

Here’s his novel solution:“Well, how about three strikes and you’re out? Caught three times cycling on the pavement, they would have their cycles confiscated and unless they paid the full value of the cycle, it would be either destroyed or given to a charity. We’d soon have pavements for pedestrians and a little more mutual respect.”

He concludes: “Over to you Peterborough City Council. A bye law needs updating...”

Except it doesn’t. The fixed penalty notice for riding on the pavement, currently £30, is set out in Section 51 and Schedule 3 of the Road Traffic Offenders Act 1988 – and since that comes down to the Secretary of State; perhaps Mr Jackson needs to have a word with one of his Parliamentary colleagues instead?

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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52 comments

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Airzound | 10 years ago
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It's those pesky cyclists again ………….  102

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ambrosio2 | 10 years ago
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Stewart Jackson for chancellor,prime minister and new SNP leader.

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Big Softy | 10 years ago
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You know a politician is just phoning it in when the most damning thing he can say is that cyclists make people "seriously irritated".
Is that really the best you can do Stewart Jackson? If you really want to pander to your public then perhaps you should trot out the old canard about how all cyclists are guilty of red light jumping. Or maybe the old favourite that cyclists don't pay road tax. Or that they're not insured.
But to say that they make people crazy mad just shows a total lack of effort on your part. If you really want to be perceived as a man of the people then you must try harder.

*Warning: This post may contain sarcasm.

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thelawnet | 10 years ago
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Yes, some more details on this here:
http://forum.ctc.org.uk/viewtopic.php?f=6&t=51527

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Binky | 10 years ago
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Whats the point of impounding a BSO that can be replaced in less than 5 mins!?. Will they have a minimum and maximum age for who they nick? will they choose to target one race of people over the other?

Police are pretty poor at crime as it is, i can't see them stepping out of the Greggs Bakery line to chase a pavement cyclist

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thelawnet | 10 years ago
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"Mr Jackson says his eyes were opened to the strength of feeling about people who ride on the pavement at a local Police and Community Neighbourhood Panel where he found people “were seriously irritated, annoyed, crazy, mad” about them."

That's because, in general, the people who attend these Panels *are* 'crazy, mad'.

I went to one of these meetings once, everyone was over the age of fifty, paranoid types, the leader said she kept a baseball bat under her bed to battle invading burglars.

They aren't representative of anyone.

Where I live, they closed the cycle path for months, and then the police put out a warning to cyclists (based on one of these panels) to stay off the pavement. The very next day a cyclist was hit by car on the adjacent road (30mph limit, but plagued with speeding) and airlifted to hospital. The police quickly deleted their warning.

People on community panels WILL spend their time ranting about youths 'hanging around' in parks, people riding bikes, because that's the kind of world view they have. If the police take their priorities from these panels, we are f***ed.

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Bez replied to thelawnet | 10 years ago
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thelawnet wrote:

Where I live, they closed the cycle path for months, and then the police put out a warning to cyclists (based on one of these panels) to stay off the pavement. The very next day a cyclist was hit by car on the adjacent road (30mph limit, but plagued with speeding) and airlifted to hospital. The police quickly deleted their warning.

Other than the retraction of the warning, that's not unusual, sadly:

http://beyondthekerb.wordpress.com/2013/08/19/the-bolton-price-compariso...

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Bez | 10 years ago
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Must admit I had the same immediate thought: apply it to driving as well as cycling and, yeah, let's do it. An FPN for speeding, one for parking on double yellows and another for having a worn tyre, and your company Beemer's gone and it's fifteen grand to get the thing back.

Or is this just a slight case of double standards?

Oh, yes, it is. That's novel, then.

Can we have a "three strikes and you're sacked" policy for highway engineers and local authority members who design and approve cycle paths that are just lines on pavements? Or is that too much like a potential solution?

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FluffyKittenofT... | 10 years ago
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I don't approve of pavement cyclists, but I do wish there was a zero-tolerance approach to _driving_ on the pavement.

There's a spot near a local school where not only do parents on the school-run always park in the bike-lane (as happens outside every school I know of), but when approaching the school they tend to use a combination of the bike-lane and the pavement as a special high-speed 'undertaking lane' (two wheels in the bike lane, two on the pavement). Sometimes other drivers do the same, to skip the queue of traffic and get to the junction faster.

Consequently the paving there is all smashed to fragments.

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Kapelmuur replied to FluffyKittenofTindalos | 10 years ago
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FluffyKittenofTindalos wrote:

I don't approve of pavement cyclists, but I do wish there was a zero-tolerance approach to _driving_ on the pavement.

There's a spot near a local school where not only do parents on the school-run always park in the bike-lane (as happens outside every school I know of), but when approaching the school they tend to use a combination of the bike-lane and the pavement as a special high-speed 'undertaking lane' (two wheels in the bike lane, two on the pavement). Sometimes other drivers do the same, to skip the queue of traffic and get to the junction faster.

Consequently the paving there is all smashed to fragments.

I had a stint as a lollipop man after I retired and had people driving on the pavement around traffic that had stopped at my sign. No action from GM police despite my reports and witness statements. I finally resigned after a child was brushed by a car which failed to stop. The police took no action on this incident either.

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brooksby | 10 years ago
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And pavement parking!! Get caught three times within,say, a week, and your car is put in stocks in the village square (I think Conservative MPs like the idea of a stocks in the village square  39 )

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andybwhite replied to brooksby | 10 years ago
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yep - looking out of the window I can see about a dozen cars parked on the pavement right now. "Tow 'em" I say!

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CanAmSteve | 10 years ago
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Not saying this isn't an issue, but is this really such a pressing problem? The statistics for pedestrian injuries would indicate motor vehicles are a much, much larger problem - even accounting for various factors (# of cycles, miles travelled in urban areas, etc.)

I would also paraphrase "he found people were seriously irritated, annoyed, crazy, mad about them" to "he found the type of people who pitch up at local Police and Community Neighbourhood Panels “were seriously irritated, annoyed, crazy, mad” about them." That - and hedges - and young people - especially young people, all "slightly superior and arrogant".

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brooksby replied to CanAmSteve | 10 years ago
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CanAmSteve wrote:

I would also paraphrase "he found people were seriously irritated, annoyed, crazy, mad about them" to "he found the type of people who pitch up at local Police and Community Neighbourhood Panels “were seriously irritated, annoyed, crazy, mad” about them." That - and hedges - and young people - especially young people, all "slightly superior and arrogant".

Like all those self-selecting surveys (Guide Dogs - I'm looking at you  14 ) - very few people know about local Panels, and far too many of the ones who look them up, turn up, and speak at them are the ones who clearly have a bit of a axe to grind (in my limited experience).

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harman_mogul | 10 years ago
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“[T]he slightly superior and arrogant attitude of some hard core cyclists, who really don’t believe that basic roadcraft rules and conventions and the Highway Code really applies to them.”

That bit at least makes sense.

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YorkshireMike replied to harman_mogul | 10 years ago
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harman_mogul wrote:

“[T]he slightly superior and arrogant attitude of some hard core cyclists, who really don’t believe that basic roadcraft rules and conventions and the Highway Code really applies to them.”

That bit at least makes sense.

Not really. Every 'hardcore cyclist' I know (I imagine I'm included in this category) abides by the Highway Code far better than the 'guy on a bike' and have a far greater understanding of 'roadcraft'.

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DrJDog replied to harman_mogul | 10 years ago
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harman_mogul wrote:

“[T]he slightly superior and arrogant attitude of some hard core cyclists, who really don’t believe that basic roadcraft rules and conventions and the Highway Code really applies to them.”

Substitute cyclist for any other road user and it still makes sense. There are idiots everyhwere.,...

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EddyBerckx | 10 years ago
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So isn't there something like 20,000 motorists out there with more than 12 points on their license? With some having in excess of 50 points?

Maybe we could start with those first?

Or even with everyone who's actually caused a death or serious injury on the roads due to dangerous or careless driving? Some multiple times?

Or is that too sensible?

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Blue_Brevatto | 10 years ago
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Given the actual title of the article ... " Westminster Life: Plague of ‘couldn't give a damn crew’ " ... you'd be forgiven for thinking he was talking about his fellow MPs.

And for an article published yesterday but which would hit most people's doormats or in-boxes today - you'd have thought an MP could have found something more important to discuss.

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portec | 10 years ago
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Are we going to start doing the same for motorists? Break the law 3 times and your car is confiscated until you pay the full value of it? I must admit this idea is growing on me.

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bikebot replied to portec | 10 years ago
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portec wrote:

Are we going to start doing the same for motorists? Break the law 3 times and your car is confiscated until you pay the full value of it? I must admit this idea is growing on me.

Yep, I can really see the appeal now you put it like that. Let's throw in pedestrians as well, step out into the road three times whilst staring at a mobile phone, it gets confiscated.

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bendertherobot replied to portec | 10 years ago
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portec wrote:

Are we going to start doing the same for motorists? Break the law 3 times and your car is confiscated until you pay the full value of it? I must admit this idea is growing on me.

Harsh. Let's be fair and make it four, or, if you like, 12 points.  4

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