Archive for the ‘Cycling Law’ Category
Can any lawyer or Solicitor confirm law in regards to cycling on footpaths?
Confirmation required — is it Wheel diameter or age that determines cycling on footpaths. As I understood it, in my youth, it was cycles with wheels under 14" diameter were legal on the footpath. I ask this question as a mobility scooter user who is limited to 4mph on the footpath and as it is a class 3 vehicle the law requires me to have a rear view mirror, a warning device(ie. a hooter) and a tax disc, yet cyclists have no speed limit and are capable of riding at speeds in the low 20mph or even greater
The primary legislation which makes cycling on a footway an offence is section 72 of the 1835 Highways Act, this provides that a person shall be guilty of an offence if he "shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway."
Pedal cyclists have a right to use bridleways, restricted byways and byways open to all traffic, but on bridleways they must give way to walkers and riders. Like horse riders, they have no right to use footpaths and if they do so they are committing a trespass against the owner of the land, unless use is by permission As with horse-riding use of any right of way by cyclists can be controlled by traffic regulation orders and byelaws imposed by local authorities. Infringement of byelaws or orders is a criminal offence. Under the Highways Act 1835, it is an offence to ride a bicycle on the pavement at the side of a road, and under the Fixed Penalty Offences Order 1999 a person who rides on a pavement can be fined on the spot by a police officer.
This is punishable by a fixed penalty notice of £30 under Section 51 and Schedule 3 of the Road Traffic Offenders Act 1988.
This prohibition does not extend to country footpaths where no road. Similarly it does not apply to anyone under 16, who in practice tend to be riders of children’s bikes.
Section 85 of the Local Government Act 1888 extended the definition of "carriage" to include "bicycles, tricycles, velocipedes and other similar machines."
The object of Section 72 Highways Act 1835 was intended not to protect all footpaths, but only footpaths or causeways by the side of a road, and that this is still the case has been ruled in the high court. The legislation makes no exceptions for small wheeled or children’s cycles, so even a child riding on a footway is breaking the law. However, if they are under the age of criminal responsibility they cannot, of course, face prosecution.
On 1st August 1999, new legislation came into force to allow a fixed penalty notice to be served on anyone who is guilty of cycling on a footway. However the Home Office issued guidance on how the new legislation should be applied, indicating that they should only be used where a cyclist is riding in a manner that may endanger others. At the time Home Office Minister Paul Boateng issued a letter stating that:
"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."
New Helmet Law protest ride, from Beaver Bar – Freedom Ride – Myrtle Beach Bike Week
We are leaving the Beaver Bar reading to ride through the City of Myrtle Beach.
This was a ride that was put together by local bikers in protest of new helmet law. Myrtle Beach passed 15 different new laws Feb 28th, 2009. The mandatory helmet law is the one most people are not agreeing with since the state of SC doesn’t require one unless under the age of 21.
Duration : 0:4:53
TTC Cycle Month #7 (VENTING ABOUT SIS IN LAW)
BE AWARE: This video may contain swearing just a bit and ALOT of stressful naggin or complaints. I am just venting a little bit and asking for some encouragement.
Duration : 0:10:1
How does the rock cycle demonstrate the law of conservation of matter?
Please help! I am stuck on this question on my homework!
THe rock cycle does not really show the conservation of matter. This sounds like a stupid question put out by a typically ignorant school teacher. It may be analogous to some degree or used as an example to explain the conservation of matter but it would have to be used poorly and leave the students a bit confused.
What your teacher wants you to answer is that the rock undergoes changes but does not disappear. Sedimentary rocks on the seafloor are dragged to subduction zones, liquefied and come back to surface as igneous rock, and with time and right circumstances can become metamorphic rock. And with more time gets eroded and redeposited back in the sea to start the cycle over.
Notice that what your physics teacher means by conservation of matter does not come into it at all.
The guy from Cycle Chic
Mikael ColVille-Andersen runs two of the world’s most influential bike blogs, Copenhagen cycle chic and Copenhagenize.com.
I sent a colleague, Violeta Bran-Lafourcade to interview him recently .We found a very stimulating guy , firing off the sort of ideas which have made his blog a must-read for those of us who are fascinated by the utility bike phenomenon, and who believe that bikes are the logical and sensible transport of the future.
Whist in one way bikes are so down to earth, so simple a machine, they are also way up the scale in beauty, both in themselves, and the presentational possibilities they create for their riders, especially women
Several more sections of this interview will follow, particulary on Bike share schemes and helmet use.
It was Mikael’s blog which first started me thinking about the downside of making helmets compulsory as they are here in Australia, and who set me on the path to film Sue Abbott who was and is protesting this law.
Mike Rubbo
Duration : 0:7:16
Become a Pcso
Police community support officer (PCSO) is an officer with a non warrant who works with the police department of both Wales and England. This officer will have a special uniform and given powers of a normal police officer. PCSO was introduced through the act of police reforms passed in the year 2002. The proposal for PCSO in Ireland was prevented due to the shortfall of funds in the Northern Ireland police service. PCSO cannot be considered as a member of police federation however the federation has a staff association which includes all the police officers comprising constables and chief inspectors. Police officers are not allowed to join trade unions under the law. Police community support officers are normally allowed to join the trade unions through UNISON. In Scotland the PCSO are active in a small scale.
Powers of PCSO
PCSOs do not have any duties like normal constables and their powers are formed from the act of police reforms (2002). The various powers of PCSO includes; issuing penalty notices for breaching of dog control orders, littering, or cycling rule breach. The officers can confiscate alcohol in various designated places from under age groups. They can seize tobacco from people under the age of 16. They can confiscate drug possession and can press charges as well. They can remove any abandoned vehicles and stop bicycles. PSCO can search a premise to save life and to protect the property from damage. They can even control traffic signals and place the traffic orders. These officers can make road checks and stop & check in authorized areas under terrorism act of 2000. These officers can detain people from the possession of dangerous items and enforce byelaws. They can enforce on any offences of park trading. There are traffic police community support officer who also have the powers of traffic wardens. PCSOs will have similar arresting powers like ordinary citizens and can arrest people without any warrant if they have committed any indictable offence.
Equipments and facilities
PCSOs are not generally equipped with Personal Protective Equipment. They don’t have the authority to carry fixed batons or incapacitant sprays. The PCSO is being issued with vests which are stab resistant and they should wear them while on duty. PCS officers in England and North Wales are provided with handcuffs. Generally, the officers also carry some important stuff which includes torch, first aid kit, resuscitation mask and a bag to carry their clothes. These officers also carry radio similar to those used by the police officer. PCSO’s are also use head cameras and digital cameras which can be used to take films and pictures. Some police forces allow PCSOs to drive police vehicles in some situations while others don’t let this. Generally, PCSOs also use bicycles and at times are provided with special training before they go on a duty. Lost of similar programs have been launched recently which includes Community Safety Officer, based on the success of PCSO. In order to apply for the post of PCSO, the candidate should be above 18 years of age.
Nick Redding
http://www.articlesbase.com/education-articles/become-a-pcso-698755.html
Sue fights bike helmets
By the way, if you want to see what happened in court to sue, recently, Go to the sequel, No Helmet, Please.
It all began when Sue Abbott got a ticket for not wearing a bike helmet. That’s breaking the law in Australia. Instead of paying the small fine, she’s going to court at the end of this month, Sept.
She believes that helmets are dangerous for her. I was intrigued by her opinion and made this video to explore the issue.
Helmets are a hot issue in Australia and elsewhere. I came off my bike once and credit my helmet with saving my face from being scraped.
On the other hand, I’m impressed that in Europe, it’s optional and most people don’t wear them. The head injury rate is less than here, I believe.
I was attracted to Sue’s story for another reason as well. She looks so good, sitting upright on her bike. i was immediately reminded of the superb figures, cyclists, both male and female, cut in Europe.
Go to the famous Danish bike blogs, Copenhagenise.com and Copenhangen Cycle Chic to see what I mean. (some of the photos in my film come from those blogs)
Nobody here seems to be aware of the beauty of the upright cyclist, I call it the open face posiiton because the rider’s face is open for communication with passing motorists , fellow cyclists, pedestrians, anyone.
Immediately, the cyclist appears as a much friendlier person, and I suspect , much less apt to be a victim of the anger, road rage, so often directed at Australian cyclists today.
Indeed I’ve started a blog called; And So To bike, which argues that we must come to this friendly open position to acheive safer cycling. Have a look at the blog if the topic interests you.
http://datillo.wordpress.com/
Mike Rubbo
This leads to my belief threat most important safety features for cycling as separated bikeways to keep other traffic and bikes separate, and education for drivers.
Both of those were recommended to our Government yeas ago but, not wanting to spend money, they only implemented the helmet recommendation.
The stills in the middle of the film come from the superb Danish bike blog. Copenhagenize.com. Go visit to see how attractive and free cycling can be. Don’t miss the companion blog either copenhagen cycle chic with even more stunning photos.
Duration : 0:7:2
Why Diets Are A Waste Of Time
Diets will only make you fatter. Diets are nothing more than temporary solutions with many lingering, negative side effects. Here are the top 10 reasons why you should not “go” on a diet.
Diets do not work. Diets have a 99% Failure Rate. Have you noticed a pattern yet? Lose weight quickly regain it? Over time, studies show if you diet you are more likely to be overweight than people who eat normally and make small gradual changes to their lifestyle. No, the Law of Averages does not apply to this faulty system.
Dieting can be dangerous. Any time you severely restrict the amount or types of foods you eat you put your health and life at risk. Dieting has been related to injuries and sudden deaths from electrolyte imbalance, malnutrition, and heart arrhythmias. Weight cycling, or yo-yo-ing weight, is associated with higher death rates- especially if some type of pills is being used. At no point should you ever place weight loss above your health.
Dieting destroys your metabolism. Diets will cause your weight to quickly cycle up and down. Sure, you may lose weight quickly because you are simply not eating enough. In the initial stages, the first seven to nine pounds lost are water, presenting a real danger of dehydration and mineral deficiencies. Even more terrifying ins the break down of lean muscle due to inefficient nutrients and calories. If you are losing more than 3-4 pounds a week, you can be sure this is what is happening – very little fat is lost this state.
Dieting is exhausting. Diets are just reduced calorie Fads disguised by a clever gimmick. “Lose weight while you sleep” “Eat all you want and still lose weight” Not eating enough or cutting out certain food groups means your body may not be getting the energy it needs, or may lack certain nutrients. You will feel exhausted, light headed and experience some not-so-fun mood swings.
Dieting is disruptive. Dieting negatively affects your normal eating patterns. Diets can lead to binge eating, overeating and chaotic eating. When you diet, it is common to override your internal signals telling you to eat. You end up trying to use willpower or resist hunger signals and may even go as far as taking appetite suppressants. These results in being unable to know when you really are hungry or wore….when you’re full.
Dieting can lead to eating disorders. Experts state that the high rates of eating disorders in the U.S. are due in part to people dieting, losing weight, rebounding, and becoming chronic dieters.
Dieting causes food obsessions. If you spend a large amount of time and energy depriving yourself of food or certain types of food – you will spend more time thinking about food and become obsessed attempts to control your weight by what you choose to eat or not eat. How long do you want to live like this?
Dieting diminishes women. There is way too much attention focused on our appearance and an arbitrary number on the scale. In the midst of this focus – we end up avoiding what really matters to us – our dreams and ambitions. Even worse, it erodes our confidence and self-respect.
sunshine01
http://www.articlesbase.com/anti-aging-articles/why-diets-are-a-waste-of-time-704253.html
Gratitude – It’s Important
Sometimes that word, gratitude, just makes us gag. So what if there are starving people on the other side of the world and I just finished gorging myself on a meal that cost the equivalent of the annual wage of workers in most countries in Africa? How does that relate to me and my problems? Well… how does gratitude enter, or not enter into your life and why bother?
Okay, are you happier walking around…hmmm…maybe sitting around, counting your negatives or counting your positives? Whatever we focus on will get bigger. Feed either the good dog or the bad dog in your brain, whichever dog you want to grow…and eventually that one will eat the other dog. There is only so much room in your brain and if a large portion of it is occupied by gratitude and happiness, there is less to be invaded by negativity.
Brain chemistry changes with different activities and behavior. Every athlete knows that “runner’s high” is a real thing. The endorphins created by exercise make us feel good. Same deal with doing nice things, even smiling, saying kind words, or holding a door open for someone. Brain chemistry changes for the better when we are behaving in a positive way. Recovering addicts have a saying: “We cannot always think our way into right acting, but we can act our way into right thinking.” When we do something positive, it changes how we feel. Volunteering to do something to help others, working with the Salvation Army or Liftup or packing Christmas baskets at a church will make you feel good. Your brain chemistry will change and the cycle of feeling good and changing behavior begins. Make the decision to be happy and grateful (It is a decision), do something helpful, feel better, have more energy to do something else nice, feel better, and so on, the upward spiral. Soon we are happy and have an “attitude of gratitude”. Do it every day. You deserve to be happy and grateful every day. Wake up and make the decision each morning, then act on it. I repeat, happiness and gratitude are a choice.
Back to the “brain chemistry” thing…we train our brain to function in a certain way, promoting the flow of neurochemicals and electrical connections in either positive or negative directions, reacting and responding in the way it always has…until we change.
Solution? Change your behavior, change your thinking, change who you hang out with, get help if you need it and cannot do the above, repeat.
- First try this: note how you feel when you are slumped over, looking down, not making eye contact with your friends and family. Then try this: look up, at the sky (do not try while driving, cycling, skiing, boarding, etc.). Look at the person you are talking with, look at the landscape. If you are in Steamboat, look at the mountain. Do not slump or look down. It is more difficult to “be down” if you are “looking up”. Really, your physical presence affects your emotional and spiritual presence.
- Then take action. Be kind and helpful to another human being (see suggestions above, but do something). Go to a school and ask if there are any children whose families are desperate and need food and presents for Christmas. How about visiting a nursing home and reading to a person who has lost his eyesight? The Universal Law of Service says: We always get more than we give.
- Think gratitude…for something in your life. Complaining instead of being grateful for your blessings (yes, you do have some), becomes a downward spiral…around the drain pipe and on to self-hatred and separation from good, and separation from God. Many of us are so into our problems that we simply miss the cool stuff…we are feeding the bad dog in our brain. A popular refrain is, “Poor me, poor me, pour me another drink.”
- An alternative could be to pause, pretend to change your thinking, and try something different, feeding the good dog. I can”t change my height, age, or skin color, but I can change my attitude. I can change my insides and be a good human being. How does one do this? Change. Go back to number one. Pretending to be in gratitude is a way to turn the downward spiral upward, out of the sewer.
- Try this: make a gratitude list! Can”t think of anything you are grateful for? Come on, are you hungry, cold, sick, diagnosed with cancer, or family member has terminal illness? Did a hurricane or tsunami just destroy your house. The reason to do this is for you. If all else fails, we can be grateful for living in the Colorado mountains!
- Ditch the negative people in your life, at least temporarily, until you are strong enough to be a positive influence on them and not allow them to steal your joy. Hang out with happy, healthy people who represent the kind of person you want to be. Let them demonstrate what an emotionally and spiritually healthy person looks like. If you want what they have, do what they do.
- Surrender the drugs and alcohol and live life clean, just for a while. See who you really are, out from under the cloud of being high. Get help if you need it.
Dawn V. Obrecht
http://www.articlesbase.com/mental-health-articles/gratitude-its-important-717441.html
What is the law regarding cycle helmets and children in the UK?
is it a legal requirement that my 10 and 7 year olds wear cyle helmets?
In the US, states and cities set the helmet laws. Many states including Michigan do not have any requirement. A hand full of cities do though.
In the UK it may be local too.
I googled and found a few hits on this. Here’s an older 2004 article: http://www.bma.org.uk/ap.nsf/Content/cyclehelmetslegis