CityCyclingEdinburgh Forum » Infrastructure

Theoretical question

(3 posts)
  • Started 2 years ago by dessert rat
  • Latest reply from dessert rat

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  1. dessert rat
    Member

    This evening I encountered the bollard removing, then cycle lane blocking tourist bus at the bottom of Leith Walk / outside Theatre Royal. He actually beeped me out of the way. Conversation with driver went as expected “cycle lane is closed, we have permission to park here etc….”.

    So, I was wondering what would happen if I just stood (where I was when speaking to driver), blocked the bus door and stopped people leaving, and refused to move. If the bus moved, I’d theoretically just move to block it again.

    Is there a crime here ?

    Posted 2 years ago #

  2. Morningsider
    Member

    Could such action be interpreted as threatening or abusive, might it cause a reasonable person to suffer fear or alarm, did you intend to cause fear or alarm or recklessly disregard the possibility that you might do so? If so then blocking people from getting off a bus might be a Section 38 breach of the peace.

    I reckon a competent lawyer could argue that a reasonable person could suffer fear or alarm if some random guy tried to physically stop them from getting off a bus.

    Possibly wouldn't come to all that though - the police might just ask you to move on if they didn't fancy the paperwork.

    Posted 2 years ago #

  3. dessert rat
    Member

    @Morningsider - yes fair point - suspect you're right.

    What about just standing in the cycle lane and acting like a bollard ie refusing to move ? Cant see that being sec38able.

    Posted 2 years ago #

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