Human rights lawyer concerned that wardens enforcing PSPOs may have incentive to issue as many cycling fines as possible

srchar wrote:

Could someone who knows more about this than I please explain how these private companies issue fines? I assume that, since they're not police, you can tell them where to go, or give them false details without committing an offence. Am I right? ..... 

I think, in most circumstances, you probably are.  Civilian wardens have no power to detain you, even for a few minutes, and you are certainly under no obligation to answer any questions or provide ID.  And any attempt to physically prevent you from riding away might leave them exposed to accusations of assault.

These views don't apply to police officers or PCSOs, who are granted wider discretion to do their jobs.

ktache wrote:

A Local Government Association spokesman said: "PSPOs are one of a number of ways councils can tackle anti-social behaviour problem."

It's the definition of all cycling as anti-social that I do not agree with.

I'm kind of hoping our friend CrippledBiker (my sincere apologies if I have the name in any way wrong) tests these bans by using his bicycle in one of these areas, demanding that they WILL dismount could be interesting.

My ears were burning, which means it's probably wall of text time again.

tl;dr - No warrant card, no dessy card? No powers. Leave. PSCOs and private enforcement have no power whatsoever to order nor compel you to remove face coverings or masks, and if they attempt to do so by force they're probably assaulting you.
Check your local PSCOs and the justification behind them, if they're backed up by an RTO check the wording, tricycles, handcycles and/or other adaptive cycles generally aren't covered if the RTO specifics "Bicycle".

Right, so;
I will take every opportunity to flaunt these restrictions; I'm happy to be a test case for this.

However, small point of order; I do not (cannot!) use a bicycle.
The term bicycle is a legally defined one, and is specifically a "two-wheeled vehicle that is propelled...by means of pedals". (2010 No. 198, Regulation 2)
I have an either a surfeit or a dearth of wheels, depending on how you wish to count them - either as a one-wheeled handcycle with a two wheeled trailer, a three wheeled 'cycle, or a five wheeled 'cycle with three running wheels (my two castors being off the ground in cycle configuration).
I also have no pedals whatsoever - Pedals are expressly and explicitly foot operated. As an amusing twist, if you actually look up the RTOs that apply to these areas, and under which many PSPOs operate under, a large proportion are against "pedal cycles" or "bicycles" - neither of which actually apply to handcyclists.
I could go into a couple of other hilarious little foibles of my particular setup(s) and why I can get away with blue bloody murder, but I digress.

My local, uh, let's say private agents had to have this point explained to them many times, with each side becoming increasingly frustrated on each encounter.
I have had them stop me, and I have had them order me to dismount; When I slowly and extremely sarcastically - somewhat rudely, even - pointed out that they were, in fact, utter morons, and requested that they give me detailed, step by step instructions on how I should accomplish this, they changed tack to attempting to order me to use the arterial that bypasses the town centre. This got about as polite a hearing as you might expect.

Thankfully, they've largely given up even attempting to stop me now, as they've realised that I will not comply or even slow down to pretend to make an attempt to comply - they just get a sharp shake of the head, a firm "no thank you", and then ignored.

Folks, if you're foolish enough to stop for these clowns, there are only two questions you should be remembering to ask; Firstly, you should ask for their warrant card. If they cannot produce one, then you should ask for their designation card.

If they do not have either of these items, then they are just normal civilian citizens, same as you or I. They have no power of arrest, and without a designation card that explicitly defers some power of detainment or other authorised officer status from a local authority, they don't have any powers or rights above those of the man on the street corner.

They may not make the provision of either of these articles contingent on your identifying yourself. Actually, I'm not even sure they have the power to demand you remove face coverings, so, if you wear a buff or a mask as a matter of course, something to keep in mind.[1]

If they cannot provide any evidence of being authorised, or of having delegated, designated authority, leave. I've outlined the other caveats and provisos around leaving in earlier posts, so I won't retread.

Oh, IANAL, IANAS, none of the above constitutes legal advice, read the law yourself and if you're going to make a stand on legal grounds be damned sure you're right and be prepared to not only defend it, not only pay to defend it, but be prepared to lose and the consequences that might follow thereafter.

Or, y'know, hide your face and move off right sharpish.

I know I'm alright, legally, technically, and hell, why not, morally - and I know I can move faster than they can (and they can't even realistically tackle me off my 'cycle - especially if I'm on my recumbent, since my backside is about 10-15cm off the floor and I'm essentially laying down. Also, nobody wants to be the guy who gets known for assaulting the dude in the wheelchair).
I also know that I have the Equality Act very firmly in my favour, as well as little inconvenient facts like the general utter lack of impact assessments on accessibility not only for cyclists, but disabled persons. Having people like Doug Paulley (Paulley vs First Group [2017] UKSC 4), Tanni Grey Thompson and Isabelle Clement (Wheels for Wellbeing) on-side also helps, 'cos, y'know, bigger sticks and all that.

In short, I'm too much bloody hassle. You're probably not quite as difficult, or perhaps as willing to be as much of a recalcitrant git as I am. Proceed with caution.

[1]Ok, so I checked. 1994 c. 33, Part IV, Section 60AA does give the power to order the removal of masks ("Disguises") - However, there is absolutely no way in hell a private enforcement officer or a PCSO is going to be able to get that power under that act, unless you happen to have horrific timing and a Section 60 happens to be in place in your locality. Do what you will with that information.

Sriracha wrote:

Private companies engaged to manage PSPOs should be incentivised in inverse proportion to the number of tickets issued, on the basis that each ticket issued is a testament to their failure to achieve the purpose of the PSPO. Only when they have achieved zero tickets over a number of months can they be said to have succeeded.
Maybe then will they prioritise visible signage and presence above dishing out as may tickets as possible.
I'd also take issue with the term "unauthorised cycling". Cycling is an activity which does not require authorisation. So in that sense all cycling is "unauthorised". The problem here is to do with "prohibited cycling".

Suggest you need to think that one through a bit mate... If the success criteria was to hand out no fines then all the firm would have to do is do nothing and they'd still get their bonus. Personally I think these jokers get money for nothing as it is, I wouldn't want that to be a contractual promise from the council.