If you find yourself regularly using a footway illegally, we would urge you to bring your concerns to the attention of Essex County Council, (this mail link is for north Essex only) and ask for road safety improvements, lower speeds and less motor traffic, copying CCC into your correspondence.
In general, we agree with Living Streets in its policies on cyclists and traffic.
Having said this, it should be noted that whilst footway cycling is illegal, the police, PCSOs and wardens can exercise considerable discretion, which means that providing you • ride courteously, and • are riding to avoid an intimidating stretch of road or junction you are not likely to be fined.
Under-16s cannot be given on-the-spot fines.
When on-the-spot fines were introduced in 1999, the Home Office issued guidance on how the new legislation should be applied, indicating that they should only be used where a cyclist was riding in a manner that might endanger others. Home Office minister Paul Boateng issued a letter stating: "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."
Almost identical advice has since been issued by John Crozier of the Home Office. In a letter to a Mr H Peel (ref T5080/4, Feb 23, 2004) with regard to the use of fixed penalty notices by community support officers and wardens, Mr Crozier says: "CSOs and accredited persons will be accountable in the same way as police officers. They will be under the direction and control of the chief officer, supervised on a daily basis by the local community beat officer and will be subject to the same police complaints system. The Government have included provision in the Anti Social Behaviour Bill to enable CSOs and accredited persons to stop those cycling irresponsibly on the pavement in order to issue a fixed penalty notice. I should stress that the issue is about inconsiderate cycling on the pavements. The new provisions are not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of the traffic, and who show consideration to other road users when doing so. Chief officers recognise that the fixed penalty needs to be used with a considerable degree of discretion and it cannot be issued to anyone under the age of 16.
Note that public footpaths differ from footways - they are the signposted tracks both in towns and the country. It is not permitted to ride a bike on a public footpath unless the landowner allows it (Colchester Council permits cyclists to use all of its land unless signposted otherwise). Cyclists can use all public bridleways.
