Another cyclist death this morning.

[amigafan2003]

It's not ****** and the highway code is not law anyway, it's a guide. Here is the definition of the law in practice.

You're wrong - anything that says "YOU MUST" in the highway code is law - and will have that section annotated with the specific statute that applies to that statement.

Anything that states "YOU SHOULD" is a guide and isn't law, but you can be prosecuted under another section - i.e. carelss driving - if you do not follow the guidance. For example, "you should stick to the left hand lane of a roundabout if exiting at the first exit". If you don,t, you can't be prsecuted for failing to do so - as there si no law that backs it up. however if you are involved in an accident whilst doing so, failure to follow the guidance can be a contributory factor to "careless driving" etc.

 

[amigafan2003]

a bit rich from someone who is not a cyclist anyway!

I do have normal bikes you know ;-)

 

[flecc]

Correct however any section that begins MUST/MUST NOT is referencing a actual Law and so you must obey it and can be prosecuted for not doing so. Anything else is advisory but if you dont follow the advise then while you my not be proscecuted just for not doing it it can/will be used in evidence to establish liability in court.

https://www.gov.uk/highway-code/introduction

Agreed Garry, but that means the prosecution or any other party referencing the Highway Code's legal links inadvertently introduce the qualifiers attached to the law that I posted above. That undermines a liability claim, no fault no liability. Of course if a cyclist hits a pedestrian while riding on the pavement they will automatically be liable since the waivers only apply to responsible and safe riding.

 

[GaRRy]

You're wrong - anything that says "YOU MUST" in the highway code is law - and will have that section annotated with the specific statute that applies to that statement.

Anything that states "YOU SHOULD" is a guide and isn't law, but you can be prosecuted under another section - i.e. carelss driving - if you do not follow the guidance. For example, "you should stick to the left hand lane of a roundabout if exiting at the first exit". If you don,t, you can't be prsecuted for failing to do so - as there si no law that backs it up. however if you are involved in an accident whilst doing so, failure to follow the guidance can be a contributory factor to "careless driving" etc.

The Highway code its self is not LAW. It just references LAWS that exist else where. The rest of what you say as I have already said is true.

 

[Scimitar]

I think only the administrators can do that. Sadly the original online source has gone now, probably forced off by the authorities who'd like to forget it and be draconian instead.

http://tinyurl.com/not-******
There you go - on official paper and everything.

 

[flecc]

Thanks Dave!

 

[themutiny]

....4.;…Jjjjjj

 

[GaRRy]

So £30 fixed penalty or if the copper is feeling nasty court case and up to £500 fine. I guess thats for persistent offenders

 

[eddieo]

another good reason to wear a camera...

 

[amigafan2003]

OK devils advocate time.

So cycling on the footpath is illegal, but according to Eddieo it's fine and not that much of an issue. This is backed up by Flecc's post stating that it can be dealt with by way of a FPN but that's rare, unless you're causing a nuisance. Also the Police don't seem to care.

So, it's ok to do something illegal that:-

1: Doesn't cause a nuisance to other road users or is inconsiderate.
2: The police don't really care about anyway.

 

[Old_Dave]

Its also illegal to smoke pot.. but it seems that a very large minority ignore the fact

 

[amigafan2003]

Its also illegal to smoke pot.. but it seems that a very large minority ignore the fact

Another thing that should be made legal (and regulated + taxed), but that's a discussion for another day.

 

[eddieo]

Another thing that should be made legal (and taxed), but that's a discussion for another day.

just on news..heroin/smack coming to a lidl near you soon.....none of that lovely looking blue glass made famous in "breaking bad"

 

[amigafan2003]

just on news..heroin/smack coming to a lidl near you soon.....none of that lovely looking blue glass made famous in "breaking bad"

Did I mention heroin/crack?

 

[RobF]

Did I mention heroin/crack?

Can't you remember?

Best steer clear of the Bob Hope in future, addles the brain.

 

[103Alex1]

A lot is made of drinking and driving, and more recently drugs and driving , but to be perfectly honest either in combination with cycling is surely just as dangerous for the individual on the bike - and potentially others too. All the same reflexes are needed for cycling. Don't know if there are any specific rules about this but you never hear much about it. "Furious cycling" is I think an offence - and I am informed that contrary to popular belief you can be done for speeding on a bicycle (albeit the lack of a number plate makes it harder to prove who it was).

It amuses me that people who don't drink and drive think it's OK to cycle to the pub and back for a couple of pints. With the strengths of many beers sold these days, they would fail a roadside breath test without much doubt - but share the road with other road users in exactly the same way.

Personally, I'm even less happy about getting on a bike after having a drink (or the next morning after having a few) than getting behind a steering wheel. Perhaps it is an increased awareness of one's vulnerability on a bike without a metal comfort cage for protection. Got no car at the moment anyway and since deciding to cycle everywhere instead I stopped drinking completely. That's not a response to any rules - just prefer it that way.

On the other end of the spectrum, a friend I've known for many years does still go partying regularly at the weekend, consumes cocktails of recreational substances (each to their own and all that)but drives a lorry during the week and does suffer the odd bout of occasional 'rage' . Makes me go a bit cold to be honest. As far as pot is concerned, effects on reflexes are very long lasting (as are detection times) and many people smoking it do it daily or a few times a week. Can't see how that is a natural fit for safe cycling - or driving - to be fair.

 

[Scimitar]

Another thing that should be made legal (and regulated + taxed), but that's a discussion for another day.

Something like half a billion dollars of taxation income expected from the legalisation of weed in Washington State. Meanwhile, the Feds are all grumpy about it.

 

[dmcgoldrick]

horse riding under the influence of cocaine also seems to be frowned upon and in france of all places........only 6 months ban for frankie and thats during the winter break anyway........

its a no brainer to legalise 'pot' and take the tax revenue.....but in a 'pc' world no one will bite the bullit.....the stuff starbucks are selling is more harmful to ones long term health,but its a legal drug and tax avoidable with a good accountant.........

 

[dmcgoldrick]

horse riding under the influence of cocaine also seems to be frowned upon and in france of all places........only 6 months ban for frankie and thats during the winter break anyway........

its a no brainer to legalise 'pot' and take the tax revenue.....but in a 'pc' world no one will bite the bullit.....the stuff starbucks are selling is more harmful to ones long term health,but its a legal drug and tax avoidable with a good accountant.........

sorry, forgot to mention 'austerity' in every other sentence........

 

[OldBob1]

Getting back to the original subject, its common sense, don't get yourself into a position where you are at RISK, If it looks dodgy DON'T go there, if the path or green verge looks safer then use it, at lease you will be around to defend your case!!!!