Support road.cc

Like this site? Help us to make it better.

news

Cambridge cyclist receives criminal record for cycling on the pavement

Tried in court after being stopped by police

A cyclist in Cambridge now has a criminal record after he faced a Magistrates’ Court trial for cycling on the pavement.

David Arnold, 35, was one of 40 cyclists who were caught on the pavement in Arbury Road in a police sting.

They were all offered the opportunity to pay a fine, but Arnold refused, saying that the footpath had been mixed use further along, and there had been no signage to indicate bicycles were no longer permitted.

He was convicted of riding a pedal cycle on a footpath after a one-hour trial at Cambridge Magistrates’ Court, and was fined £30 plus a £15 victim surcharge. The fixed penalty notice that he was offered on the day would have been a £30 fine.

However Arnold now carries a criminal record, potentially something he has to declare to employers and other officials.

Cambridgeshire police defended their actions though, saying that local communities had requested the crackdown, because they were angry that cyclists dodged traffic lights by cycling on the pavement.

A spokesman told Cambridge News: “We want cyclists to stop using the pavement as they pose a danger to pedestrians.

“We will continue to carry out enforcement days and anyone caught riding on pavements faces being fined.

“Ultimately we do not want them riding on the pavement, but if they do we will give them fixed penalty notices and it is their decision to contest that.”

Mr Arnold said after the trial: “I have cycled along that bit of pavement on what must be 500 occasions. I am not the only one who is confused by this.

“There must be better signage so people know when they can cycle on pavements and when they can’t so this does not happen to anyone else.”

Colin Rosenstiel, a cyclist and city councillor, said some of the signage in the city was “appalling” and he was surprised the cyclist was made to go through legal proceedings.

He added: “It’s a bit harsh if he was saying he was genuinely confused by the signage. The trouble is as a cyclist you are trying to stick to the law and some of the signage does not help at all.”

A Cambridgeshire County Council spokesman said: “Shared use footpaths are clearly marked and our advice to cyclists would be that unless the footpath is clearly signed as such they should not use it as a cycleway.”

 

Add new comment

45 comments

Avatar
Gnomeicide replied to Stumps | 11 years ago
0 likes

You mean, if this were a motorist no one would be bellyaching that its unfair?

Bottom line - there is no obvious way of knowing the cycle route has ended. Why therefore assume that it has?

Avatar
CraigS replied to Stumps | 11 years ago
0 likes
stumps wrote:

Finally are we, as cyclists, above the law ? No, so stop complaining when one of us is nabbed for doing something wrong regardless of how minor it is.

It annoys me when people cycle on pavements and its good to see people being fined for it. In this case though, I'd be willing to give him the benefit of the doubt that he acted in good faith and the signage was lacking.

Shared use paths are a ridiculous idea in the first place though, the fact they're poorly defimed and can land you in court is yet another reason to not use them. They are only useful as a cop out for councils to put up signs on the cheap and claim they've implemented cycle routes when in reality they've not done anything at all to make the roads safer.

Avatar
Stumps replied to CraigS | 11 years ago
0 likes
CraigS wrote:
stumps wrote:

Finally are we, as cyclists, above the law ? No, so stop complaining when one of us is nabbed for doing something wrong regardless of how minor it is.

It annoys me when people cycle on pavements and its good to see people being fined for it. In this case though, I'd be willing to give him the benefit of the doubt that he acted in good faith and the signage was lacking.

Shared use paths are a ridiculous idea in the first place though, the fact they're poorly defimed and can land you in court is yet another reason to not use them. They are only useful as a cop out for councils to put up signs on the cheap and claim they've implemented cycle routes when in reality they've not done anything at all to make the roads safer.

Totally agree, they then coerce the Police into trying to regulate them with ops like the one which got this bloke into the clarts.

Avatar
Cheesyclimber | 11 years ago
0 likes

I just had a quick perv on Streetview and it seems that this is the bit of pavement in question:
http://goo.gl/maps/9V8Kq

It seems a bit unfair really - the cycle path just ends and there's apparently no indication that cyclists must join the road. I would have given the guy the benefit of the doubt and a slap on the wrist, rather than ruining his chances of employment in the future.

Avatar
Gnomeicide replied to Cheesyclimber | 11 years ago
0 likes

No, local paper makes it clear this was Arbury Road/Milton Road junction. Which is every bit as confused:
http://cambridgecyclist.blogspot.co.uk/2012/12/cambs-police-arresting-cy...

Avatar
Paul M replied to Cheesyclimber | 11 years ago
0 likes

It's delicious - if you pan the view to the right and zoom in you will see a man, apparently in late middle age, riding a bike on the pavement!

Avatar
adaminbristol replied to Cheesyclimber | 11 years ago
0 likes

Great picture of a street furniture zone with a bike lane attached

Avatar
nbrus | 11 years ago
0 likes

Just done some googling...

Anyone given a fine after being convicted of a criminal offence in court will have to pay an additional £15.

The levy will go towards a fund to help improve services for victims of crime.

The £15 is a flat-rate charge and will apply no matter how big or small the fine.

The surcharge - introduced as part of the Domestic Violence, Crime and Victims Act 2004 - is part of an attempt by the home secretary, John Reid, to "rebalance" the criminal justice system in favour of victims.

Avatar
A V Lowe | 11 years ago
0 likes

Interesting detail. In Scotland it seems the surcharging to £60 for an FPN includes putting 3 penalty points on your driving licence. This apparently has resulted in total confusion for the fines system when someone without a driving licence hits the system.

It always amazes me that the law can use a photograph of a motor vehicle exceeding the speed limit, passing a traffic signal showing a stop aspect (3 aspects = stop), using a road in contravention of TRO (no entry, buses only etc), and parking offences, and prosecute the registered keeper for that offence, unless the keeper provides details of the driver at that time, yet this simple process is not applied toe a 'carriage driven on the footway' that basic offence for which cyclists are also prosecuted (s.72 Highways Act 1835). Please ask your MP to ask why this anomaly exists, given that several hundred pedestrians are killed or injured annually by motor vehicles being driven on a footway. In Scotland we have, frankly, frivolous legislation proposed to create yet another offence - let's just stick with the basic offence and the option to award penalty points, or take a driver education course, as with the other traffic offences.

Motor cars became a recognised category, and were defined as carriages in 1903 (prior to this they had been categorised as road locomotives with the red flag restriction).

Avatar
BBB | 11 years ago
0 likes

If only the police was so keen and efficient in dealing with drivers on mobiles.

Avatar
nbrus | 11 years ago
0 likes

"...fined £30 plus a £15 victim surcharge" ... Did he hit someone?

Avatar
cidermart replied to nbrus | 11 years ago
0 likes
nbrus wrote:

"...fined £30 plus a £15 victim surcharge" ... Did he hit someone?

I keep seeing this, victim surcharge  7 , in the local paper court sections for offences that have clearly got no victims. No doubt there is something official about it but it does smell suspiciously of a tax  39 Got to pay for their holidays some how  3

Avatar
bikecellar | 11 years ago
0 likes

I wonder how many fixed penalty notices have been issued to motor vehicle drivers driving onto footways, usually to park ?

Avatar
Bob's Bikes replied to bikecellar | 11 years ago
0 likes
bikecellar wrote:

I wonder how many fixed penalty notices have been issued to motor vehicle drivers driving onto footways, usually to park ?

+1

The number of cars/vans parked half on-half off the pavement round my way is ridiculous but when you try to get anything done you end up being "piggy in the middle" because the police claim it's a parking offence and upto the council to enforce and vice versa when you complain to the council.  14

Avatar
mingmong replied to bikecellar | 11 years ago
0 likes
bikecellar wrote:

I wonder how many fixed penalty notices have been issued to motor vehicle drivers driving onto footways, usually to park ?

+1.

I see cars parked wholly on the pavement. What fine for them?

Pages

Latest Comments