Council insists controversial cycling fines in Birmingham city centre will only target "dangerous, careless or inconsiderate" riders, but campaigners continue to criticise "waste of paper" PSPO

Birmingham City Council has outlined its plans for a controversial cycling order in the city centre, with a consultation now stating that only those who ride in a "dangerous, careless or inconsiderate" manner will be fined — however, active travel campaigners have questioned the need for the action and called the PSPO a "waste of paper" as "enforcement is already possible".

Numerous cycling-related Public Space Protection Orders (PSPOs) have been implemented in towns and cities across the country in recent times, the orders, brought in with the stated aim of cracking down on anti-social behaviour, often criticised by cycling groups and campaigners for deterring people from cycling to shops and amenities, and stifling active travel.

Cycling UK has long been a prominent critic of PSPOs, which it claims have the effect of criminalising cycling and discouraging people from riding into town, while failing to combat actual nuisance behaviour.

Similar criticisms were heard a couple of months back when Birmingham City Council's plans were first reported, Better Streets for Birmingham calling the proposed cycling ban "clumsy and unworkable".

"The PSPO seeks to address unacceptable cycling behaviours that are already illegal in several ways while suggesting banning all cycling in pedestrian areas and making parts of the city centre impermeable for cycling," the group said at the time.

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"Food couriers cause issues on high streets across the city, however we must also acknowledge that they are exploited by delivery platforms such as Deliveroo, Just Eat, and Uber Eats, who appear to have little interest in fixing the problems of illegal parking and dangerous cycling that they create.

"We would rather see existing legal orders (TROs) in the city centre revised to enable safe and considerate cycling – that the council's own report appears to be happy with – while assisting those on illegal modified e-bikes to transition to legal bikes."

Then, last month, the council insisted that any proposal enacted would not be "a ban on cycling", but that the action was "merely a reflection of how cycles are used in the city centre".

It is to that context that the consultation on the proposals has now officially been launched and will run from 20 December to 31 January. Notably, the council appears to have softened the initial talk of a cycling ban, the proposal now stating that riders "must not ride in a dangerous, careless or inconsiderate manner and/or in a manner that is likely to cause, harassment, alarm or distress to any pedestrian". 

"This includes but is not limited to, aggressive riding, riding at speed, weaving between pedestrians or performing stunts," it continues.

road.cc contacted Birmingham City Council and asked directly if the local authority could confirm this means riders who do not ride in the "dangerous, careless or inconsiderate" manner mentioned will avoid fines and would be free to continue cycling through the restricted areas of the city centre. When asked twice, the council did not answer the question directly and only shared links to the consultation, although the wording does appear to suggest safe cycling will continue to be allowed.

The proposals also outline the areas of the city centre that will be covered by the PSPO, and include areas around the Bullring shopping centre, along New Street and around to Centenary Square.

The consultation states: "This is to enhance public safety and address anti-social behaviour in respect of irresponsible and dangerous use of bicycles, skateboarding, manual scooters, E-bikes and E-scooters in the pedestrian areas. The area specified in this proposed PSPO is pedestrianised and has high footfall at peak times.

"In responding to this consultation, please recognise the council is under a duty to deal with anti-social behaviour as well as seeking to create a welcoming and positive impression for those working, living, or visiting Birmingham city centre. We would welcome any suggestions on alternative solutions or different conditions for the proposed PSPO. 

"Any person entering the pedestrian zone shown in the map, riding, cycling, skateboarding, riding a manual scooter or using an E-bike or E-scooter, within the restricted area must not ride in a dangerous, careless or inconsiderate manner and/or in a manner that is likely to cause, harassment, alarm or distress to any pedestrian. This includes but is not limited to, aggressive riding, riding at speed, weaving between pedestrians or performing stunts.

"The condition of the bicycle/scooter must comply with The Pedal Cycles (Construction and Use) Regulations 1983, The Electrically Assisted Pedal Cycle Regulations 1983 (as amended) and The Road Vehicle Lighting Regulations (1989). Any person may push and walk alongside their bicycle, manual scooter, E-bike, or Escooter through the restricted area.

"It is a criminal offence to breach the requirements of a PSPO. This may result in a Fixed Penalty Notice (FPN) being issued by a police officer or council officer. If the FPN is not paid, the offence may be reported to the magistrate’s court and a person can be fined up to £1,000." 

The council also notes there are proposed exemptions for emergency service riders and the PSPO is expected to last three years.

In the proposed PSPO consultation document, the council cites "investigations" that have been undertaken with local officers finding evidence of illegally modified e-bikes being used, more than half the "examples of the types of activities this PSPO is seeking to restrict" involving delivery riders.

Martin Price, policy lead for Better Streets for Birmingham, called the proposals "a waste of council resources" and suggested the PSPO "has now been watered down to something not worth the paper it's written on: a limit on anti-social riding through some streets. Supporting documents show they can already enforce this."

He continued: "The supporting documents get pissy about Better Streets for Birmingham's public statement on the proposals. Accusing us of utilising media outlets to curtail any consultation. Not the case as we just publicly called out silly policy and called the PSPO clumsy and unworkable.

"Clumsy as in too blunt a tool being suggested without considering the unintended consequences, which is clear given the climbdown. Unworkable as in the people breaking the law are on very fast illegal vehicles — is Darren the imaginary Civil Enforcement Officer really going to catch up with one?

"Anyway — we're now being proposed a bit of text that says you shouldn't ride a micromobility vehicle dangerously on a collection of streets in the city centre."

Another campaign group, Save Station Street, said it had responded to the consultation, the PSPO "frankly the single stupidest thing I can remember Birmingham Council proposing".

"Honestly, the amount of time, effort and money wasted on this absolute c**p instead of actually addressing the root problems (motorcycles posing as bikes/ food delivery apps prioritising speed/restaurants not taking responsibility for using the services) is insulting," the group said.

As noted above, similar cycling ban PSPOs have proven an almost constant source of controversy and tension in the areas where they've been introduced in recent years.

In October, the chair of a cycling campaign in Bedford lamented the "large drop in residents cycling" into town caused by the council's "aggressive" implementation of its PSPO, which has reportedly seen 738 people fined for riding bikes in the town centre over the past few months.

And the day before, a senior doctor urged Worcester policy makers to see past "so much negativity locally" and implement safe cycling routes that encourage and enable people to leave their cars at home for short local journeys, in a bid to "redress the balance" of the city's cycling discourse, which has focused predominantly on its cycling ban, branded a "psychological barrier" to people using bicycles.

We also reported that another cyclist had been ordered to pay £500 for riding through Grimsby town centre, as a local councillor insisted that cyclists "who have not followed rules" will be "rightly punished".

Grimsby's council has also begun trialling the playing of a "no cycling" message on loud speakers every 15 minutes in the town centre, as part of its attempt to combat the "anti-social behaviour".

Main image: CC BY-NC-ND 3.0 photo by Wainson at Deviant Art