CityCyclingEdinburgh Forum » Debate!

Cycling on the pavement completely legal in Scotland?

(11 posts)
  • Started 12 years ago by crowriver
  • Latest reply from wee folding bike

  1. crowriver
    Member

    From Cycling and the Law by Carlton Reid.

    "NOTE: In Scotland, much of the info listed here does not apply. In Scotland the Land Reform (Scotland) Act 2003 gives everybody the right to non motorised access to most land in Scotland, including roads, tracks, and paths. So, apart from trampling over gardens or disturbing working farm-yards, you can walk, ride your bike, or ride a horse on any path, road or field margin".

    Looks like this may in fact be the case. Presumably this is why we don't see Scottish police officers handing out spot fines for pavement cycling, unlike in England?

    (This was sparked by an earlier thread)

    Posted 12 years ago #

  2. Min
    Member

    I'd so laugh if that were true..

    Posted 12 years ago #

  3. wingpig
    Member

    I took the Scotland-excluded-from-the-above bit to mean the bits in relation to tracks, paths, bridleways and other rights of way away from roads. Footways next to carriageways (highways?) are presumably still bad to ride on. If not, I've been right to refrain from pointing out to Leith's ned population that they should go onto the road for reasons other than self-preservation.

    Posted 12 years ago #

  4. Min
    Member

    Yes, in reality I suspect it really does mean "paths" as distinct from pavements.

    Posted 12 years ago #

  5. crowriver
    Member

    I'm not a lawyer (Anth? Can you help on this?) but looking at this 'access rights' information it seems that, technically, it would be perfectly okay to cycle on any pavement (ie. footpath in legalese) in Scotland.

    Of course, if the footpath were busy with pedestrians, one may suppose that Plod could get you for "wanton and furious driving" or even breach of the peace, or "behaviour likely to cause a breach of the peace" or any of a host of public order type offences.

    Posted 12 years ago #

  6. Wilmington's Cow
    Member

    Nah. The land access statute would have to specifically repeal the sections of the Roads (S) Act. It's a nice thought, but nope, sadly. It would make for an interesting test case though - would certainly keep the law lords on their toes...

    Posted 12 years ago #

  7. Morningsider
    Member

    Cycling on a footway (pavement) or footpath is an offence under section 129(5) of the Roads (Scotland) Act 1984. Section 6(d) of the Land Reform (Scotland) Act 2003 exempts any land where access is restricted by another Act from the access legislation - which would presumably cover the legislative restriction on cycling on pavements.

    You can get a fixed penalty notice for cycling on the pavement in Scotland - but the police hardly ever bother to issue them.

    Posted 12 years ago #

  8. crowriver
    Member

    @Morningsider You can get a fixed penalty notice for cycling on the pavement in Scotland - but the police hardly ever bother to issue them.

    Maybe this is just about a degree more tolerance of minor infractions in Scotland. I suppose if the apocryphal tales of pedestrians being constantly hit by speeding cyclists on pavement were actually true, then the approach to enforcement would be markedly different.

    Posted 12 years ago #

  9. wee folding bike
    Member

    Glasgow bike cops use the same short cut I do which involves crossing a pavement to get into the school car park via a gate at the eastern end.

    It saves 2-300 yards of detour in the morning and twice that in the afternoon because I avoid a one way street which goes the wrong way.

    Posted 12 years ago #

  10. gembo
    Member

    The more people cycling = the more people cycling on the pavement = the more people getting annoyed about it = the more likelihood of fixed penalty

    Is I think a logical conclusion - I will occasionally ask someone to consider why they are cycling on the pavement - when there are other people using the pavement and they are not slowing down observing other people's rights or beating me in a race in my head by illegally mounting the pavement, however as with wee folds example above I will occasionally push my bike [or I admit sometimes cycle it] on a short stretch of pavement if there are no pedestrians - thus by my own logic above I am contributing to the greater possible annoyance. I admit occasionally moving onto a pedestrian crossing when the pedestrian who pressed the button has made it to the pavement but the green light hasn't come on yet - guilty.

    Posted 12 years ago #

  11. wee folding bike
    Member

    I don't really go along so much as across the footpath.

    Posted 12 years ago #

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