I can find references to a letter originating from a Government minister, recommending circumstances where fixed penalty notices should not be issued, but absolute zilch references that these recommendations form part of law and legalise cycling on the pavement.
If you do an internet search on 'is it legal to cycle on the pavement' you will find a great many items, from solictors, newspapers, cycling clubs etc all saying it is illegal to cycle on the pavement.
But I cannot find a single reference saying it is legal to cycle on the pavement, which is odd really.
Not surprising or odd, it isn't legal to cycle on the pavement. However, how a law is applied can be regulated by the relevant authority, in this case the Home Office. As I've patiently explained, a Home Office Minister of the day prescribed that and it has repeatedly since been confirmed that cyclists can use the pavement, subject to suitable behaviour. That is why the police almost univerally don't apply that law, working for the Home Office as they all are, they obey their orders.
There is nothing unusual about this as many examples show.
From November 10th 2003 to 6th April 2015, the vast majority of pedelecs were illegally powered with 250 watt motors when the law specified 200 watt as the maximum. The DfT were well aware of this but ignored it it of expediency. However, when there were attempts by the police to prosecute and we intervened to stop that, on 13th April 2013 the DfT issued an instruction to all police forces not to prosecute for this. That was how things stood for amost two years until they finally got round to amending the pedelec law in 2015. That almost two years freedom from prosecution wasn't even created by a ministerial order, but it worked, which is all that matters.
I've also mentioned the example of the Highway Act 1835. That is still in force and it bans any form of motorised vehicle from the roads. Not working too well is it! The reason for this anomaly is that it's helpful to leave it in place while totally ignoring it for the motor vehicles we want to have on the roads. It's a handy and convenient way of keeping out those we don't want, like Mini-Motos and Segways.
Then there's the Covid penalty examples. One moment not maintaining social distancing was such a serious crime that it merited a £10,000 fine and even the Prime Minister has just been fined for a historic offence. But then late last year the government decided we'd just have to live with Covid and dropped all enforcement, without cancelling the two Covid laws. So don't be surprised of they start enforcing again if Covid starts to bite hard again.
Other examples:
Until very recently every taxi driver by law had to carry a bale of hay (for their horse), a left over from hackney carriage days.
For most of my life it was illegal for women to wear any makeup.
You see it often doesn't really matter what the law says. It only matters what laws are enforced.
Definitively, all cycling on the pavement is illegal.
Effectively, responsible cycling on the pavement is legal.
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