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Anonymous

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Steve Farrell  says:

Pushing a motorcycle across the pavement is illegal

Pushing a motorcycle across the pavement to park in your own garden is illegal, police in Bristol have claimed. They say MCN reader Nick Morris, 42, is committing an offence of "driving on the pavement to park" by "pushing his motorcycle across the pavement to the garden of his premises". Neighbourhood inspector Colin Salmon has warned that Morris risks prosecution...

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  • Posted 4 years ago (13 October 2009 16:21)

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uaruman

Joined:

Jun 06

Posts: 1

uaruman says:

pushing bikes etc

Having recently complained to the police in relation to a £300,000 + plus fraud, I was amazed at the apathy and total lack of interest on their part. Six months later I am still waitng for answers....so maybe, just maybe (as they are seem totally involved in constructing figures and 'clear up' rates), this scenario seems ideal.

It has absolutely nothing to do with policing. What individual in his right mind parks a motorbike overnight, on a main road, or any road for that matter? In my area the local police are in the same league as Halleys Comet with regard to frequency. Perhaps if they actually got down to their jobs, as in policing real crime, I and many others would not suffer or be the victims of motorbike theft.

 

 

 

 

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  • Posted 4 years ago (20 October 2009 19:04)
Merlin70

Joined:

Oct 09

Posts: 1

Merlin70 says:

Highway extents

There is no such offense and the Police generally are not experts of highway law and regulation which is why each County force has an officer employed in the capacity of Traffic Management Officer. As a Civil Engineer with extensive experience of highway and planning matters, it would be highly irregular for anyone to be cautioned or prosecuted for pushing their machine across a footway. The footway is part of the highway, there is no delineation. Driving dangerously or without due care and attention or alternatively obstructing the highway are about the only laws that can justify enforcement. As the article is centred around an individual pushing their m/c across the highway to their property I see no law that has been broken. In case anyone chooses to try and regurgitate the Highways Act, they will not find kerb stones mentioned, hence highway and planning authorities have been able to create new housing estates with shared surfaces for pedestrians and vehicles. I would happily pit my knowledge and experience against that of the Neighbourhood Police Officer that has caused this stir. Bring it on, I really would relish the opportunity to have a meaningful discussion but in the interests of public funds I will of course ensure that the meeting doesn't last too long.

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  • Posted 4 years ago (20 October 2009 19:24)
DaveRM

Joined:

Mar 09

Posts: 10

DaveRM says:

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Unless it's a very wide footpath may I suggest that the above covers his access to his property, or maybe I'm confusing the spirit of the law with the letter. It would appear you are only allowed to drive on the land on which you are parking, or maybe not.  Whatever the copper is a prat and I'd like to hear the discussion in court over what constitutes riding or not . I have heard that part of the definition requires a rider to be astride the vehicle  but case law tends to change over time. The law is an ass but some of the people who enforce it are just donkeys.  Enough I'm going the same way as Littlejohn.

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  • Posted 4 years ago (20 October 2009 19:58)
Hedgeholer

Joined:

Mar 06

Posts: 98

Hedgeholer says:

Police Harrassment

Its unresonable, therefore its harassment.

This belongs in the Local paper along with photos and an interview with the local elected chair of the Police Board or whatever its called this week.

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  • Posted 4 years ago (20 October 2009 21:44)
rr1100ss

Joined:

Oct 09

Posts: 1

rr1100ss says:

Makes my blood boil !!!

Most are quite right. under section 34 of the Road Traffic Act 1988, it is illegal to "drive" along/across "on any road being a footpath or bridleway". The key is the term "drive". If the vehicle is not being "driven" then no offence is being committed. In other words, make sure the keys are not in the ignition and you are not wearing a helmet. I've had this conversation with my local Bobbies after a "newby" tried to tell me how it was illegal to access my property without a "drop kerb*", something I've been doing for nearly thirty years. Yes you've guessed it, he was talking out of his **s. It's all down to interpretation by someone who "cherry picks" the parts of the legislation to suit their needs at the time. Typical "jobs worth" (he'll go far!)! Let them take you to court and counter sue them for "wasting public money", "harrassment" amongst other things. Having done it (not to do with this but still to do with bikes and roadways), there's nothing better that watching a Policeman and his legal representative squirm when a three judges throw the case out of court and awards costs against them (including lose of earings for the day off) then spend ten minutes asking how much of the courts day is going to be wasted by inept and undue prosecutions..  *I did ask the Council and as it happens they won't issue a permit for a drop kerb in my case as it's 1, to short and 2, if a full size kerb was created it would cause undue risk to houses either side of said access.

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  • Posted 4 years ago (21 October 2009 09:27)
kcooper

Joined:

Jul 03

Posts: 2

kcooper says:

Yet another story about the Police having a go at bikers.  I presume Inspector Salmon is just as keen to pull up all the 100's of cyclists who ride on pavements with no concern for anyones safety?  I ride an SV650 & live in Bristol, like Nick I push my bike across the footpath to park in my front garden to keep it off the road & make it more difficult to steal, something the Police should be applauding us for instead of nit picking.

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  • Posted 4 years ago (21 October 2009 09:56)
aknowler

Joined:

Sep 04

Posts: 1

aknowler says:

pushing/riding a motor cycle across pavements.

Dear Sir, Regarding your story about the motor cyclist being threatened with prosecution for crossing pavements. I qoute from the Highway Code, chapter 123, page 31: You Must Not drive on or over a pavement, footpath or bridleway except to gain lawful access to property.:biggrin:

I rest my case, aknowler.

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  • Posted 4 years ago (21 October 2009 12:04)
studownie

Joined:

Sep 06

Posts: 13

studownie says:

Pushing a motorcyle across the pavement is illegal

As an ex copper myself I would decribe this officer as a PC that is a Prat Complete. Not grammatically correct, but I'm sure you'll get the point.:lol:

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  • Posted 4 years ago (21 October 2009 20:18)
ejomac

Joined:

Oct 09

Posts: 3

ejomac says:

Anal Award

I am appalled at Steve Farrell's awarding of Inspector Salmon "OUR" UKs most anal ?
Who is the "our" ? Is it the feeling of the MCN, or of all us biker's ?
On what grounds does Mr Farrell make this award? All that I can tell is that Inspector Salmon has "quoted the law" He is a copper and probably knows the law with regards crossing pavements, As should we all, Are we all Anal then Mr Farrell ?
Has Mr Morris been charged for any offence ? not that I could make out !
Quoting the law and enforcing Petty laws such as crossing the pavement are two different things, as far as I can tell Mr Morris has not been charged for anything, he was even "Given a warning" about his reg plate, now he knows just like the rest of us the "law" regarding reg plate sizes, and, like many of us, Takes his chances ! The copper (if he was a Ba$%&$d)could have let him proceed and done him on both counts, but he didn't, Then Mr Farrell asks an officer of the law to quote the law regarding crossing pavements and calls him anal for his Knowledge !
Are we not in danger of alienating Members of the constabulary if we lambast them erroneously like this, Does this not Upset the good work you have just done on the Reclaim North Wales Rally ? Richard Braunstrom Should hang high for his mistakes, and there are many others worthy of highlighting that should go too, but has Inspector Salmon actually done anything wrong to deserve the Anal Award ?
I'll bet he does'nt even send a summons to Mr Morris for pushing his bike on the pavement, as in your photo, as well as not wearing his helmet ! Oh, and, Mr Morris, get a council application in just like every one else has to.

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  • Posted 4 years ago (23 October 2009 02:33)
Coyote88

Joined:

Oct 09

Posts: 35

Coyote88 says:

I think the writer of the previous comment needs to consider a number of things.
1. Why on earth was a police officer waiting in the street in the first place for a motorbike to be pushed over the pavement. I can think of better things he could have been doing and trust me I'm qualified to make this judgement. Beside is this not surveillance for which he needs authorisation!!!


2. If we want to get technical S34 of the Road Traffic Act also states a defence of - It's not an offence to drive on any land within fifteen yards of a road on which you can lawfully drive for the purpose of parking on that land. Yes this a defence in English law in black and white.


3. Can we try and remember the police are there to not only uphold the law but act in the public interest. Is waiting for some one to push a motorbike across the pavement from his land to ride to work really what is considered to be in the public interest and what we want to pay for in our council tax. Personally I prefer going after tailgaters, phone users, aggressive drivers who jump queues, but maybe Im the one who is wrong and we should keep an eye out for pavement pushers.


I could go on but I wont bore you
 

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  • Posted 4 years ago (23 October 2009 13:19)

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