Question: Is it legal or technically illegal to “scoot” your bike on a pavement? Scooting is what you can see the adorable granny doing in the video above (thanks @yvessalmon for sharing!)
- Totally fine! I do it all the time
- Illegal! I know I may be fined for this
This was the question posed to me by Cas via email. Cas was stopped by two PCSO’s after scooting through Smithfield Market.
It was time to refer to my wonderful Twitterers for answers.
They pointed me to the ultimate website for answers to the questions that begin with “Is it legal to….” – the UK Cycle Rules blog.
Inside the blog was this post on riding on footpaths which says:
“freewheeling or standing on one pedal still counts as riding. (DPP v Selby [1994] RTR 157, 162; Crank v Brooks [1980] RTR 441, 442-3)”
The judgement stated:
"In my judgment a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a ‘foot passenger’. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a ‘foot passenger’. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand. I regard it as unarguable the finding that she was not a foot passenger "
A couple of readers also talked about friends who had received a fine.
Definitely illegal then. I imagine however, you’d have to be caught by a fairly grumpy or “by the book” policeman to receive the fine.
See also:
Ok, so is it all about where your feet are? If they’re on the pavement then you’re a pedestrian, if they’re on one or more pedals, you’re riding the bike?
What about if you’re sitting on your seat but with your feet on the ground, propelling yourself by “walking”, albeit with your body sat on the bike.
Love this comment Joff – I guess this is why lawyers get paid so much. I believe if you are sat on the seat you are technically riding your bike. If you are just thinking of ways to avoid a fine then A) Obviously, don’t do it in the first place! B) Refuse to give any details such as name, address to the police. Correct me someone if I’m wrong but you are completely within your right to do that!
I’m just thinking of ways to be a nuisance…
So what about sitting “side saddle” on the crossbar, going downhill using only gravity? 😛
You are being a nuisance!
If the police officer says they are reporting you for an offence (eg cycling on the pavement) then you are required by law to provide your name and address. If you don’t do this you’ll make things a lot more difficult for yourself. You are only not required to if they don’t want to report you for an offence (eg if they just stop and search you, and then let you go).
Thanks for clarification Dave!
How true Dave – I once spent an hour in a cell at Snow Hill police station for exactly that!
I wouldn’t say you’re exactly required to provide your name and address. If you don’t provide them you can be arrested in circumstances where you would otherwise not be arrested, but the officer would be arresting you for cycling on the footway, not for failing to provide your name and address.
If you do give a name and address, and the officer believes it is genuine, then they might not have any justification for arresting you as they could send you a court summons in the post instead.
But what is the legal status of a scooter? Or perhaps a skateboard?
They’re not bikes. I think to ban skateboards the local council needs to pass bi-laws preventing their use in specific areas.
Is the bicycle defined in law, can it’s status change depending upon how the person is using it.
According to the article on the UKCycleRules blog if you are riding on a pavement next to the road then that would automatically be illegal. But, paths that are off the road are more complicated – that is when the Bi-laws come into effect and in most locations you’ll see a sign telling you cycling and skateboarding is illegal.
Interestingly, a pavement near me had a white line painted down the middle. So the day prior, it was illegal to ride on the pavement but this bit of paint makes it legal.
Still doesn’t stop pedestrians walking on the bicycle side of the pavement :-\
Not a problem for those of us that ride fixies! (^_-)-*
@grobelaar Think most places have bylaws to prevent stuff like skateboarding anyway. Councils (and lots of the general public) seem to hate skaters!
It’s sort of just common sense that “scooting” your bike or sitting on it and pushing it using your feet are not acceptable on the pavement. No offence, but it was a stupid question asked. You really shouldn’t be cycling if you have to ask it.
What if the electric bicycle and you’re riding without pedalling, using only battery power? Would you not be classed the same as a mobility scooter which (I believe) can be used on the pavement?
You are having a field day with this one Joff!
Isn’t an electric bike you can ride without pedalling a motorbike?. Electric bicycles are power assisted, not entirely power driven.
Good point. I’m trying to find the differences (aside of the obvious form factor) between a mobility scooter (legal to use on pedestrianised areas) and a bicycle (illegal). My thinking was a bicycle powered in the same way and with the same speed as a mobility scooter would therefore be legal to ride on pavements.
Failing that, can an able-bodied person use a mobility scooter on the pavement? And what/who regulates what qualifies as a mobility scooter? There are a number of videos on YouTube of petrol-converted mobility scooters… 😉
Lol, its a conversation I’ve had with others (non cyclists) so I’m interested to see where this one goes 🙂
Sounds like a down the pub conversation!
Pretty much spot on!
hjwatso1, it was not a stupid question at all, as it’s important to know where you stand/scoot/cycle in the eyes of the law.
For example, if a footpath is not by the side of a road then it is not illegal to cycle or scoot on it.
Oop! I did this past a couple of pc’s in my regular “scooting” spot on my commute, where I hop off to beat the one-way system and am usually running late for my train. I remember thinking smugly “I’m allowed, not riding!”. Wrong…
I’ve seen people do this to go through red lights, but using the bike as a scooter doesn’t mean that normal rules and traffic flows don’t apply…. it just winds me up that people think laws can be bent because they have found some silly exploit… even if it isn’t covered by the letter of the law, clearly the spirit is that you aren’t meant to ride on a pavement or through red lights, and for good reason, so just be patient and follow the damn rules.
There is a more positive way of looking at this, looking again at the judgement in Crank v Brooks in terms of what was being prosecuted.
If you come to a red traffic light, you should stop, but: assuming that it is safe to do so you could dismount, and start walking along with your bike (normal walking mechanism, ie both feet on the ground and never more than one foot off the ground at any one time) until you are the other side of the traffic light area and can remount.
For example, if you are stopped by the lights on Holborn in the Red Lion Square area, just short of Kingsway heading west, waiting for the merging traffic from Procter St, you might take the view that as a cyclist staying close to the kerb it would be perfectly safe for you to carry on – the junction only offers traffic a right turn, no-one can pass in front of you. It would be illegal to continue cycling but you could hop off, walk about 10 metres, and then hop on again. Crank v Brooks has you covered.
To make sure you are considered a pedestrian as described in cranks v brook you might need to travel from pavement to pavement by walking – not simply dismount in the road and continue past the stop line.
I was a police officer for twenty years and never ‘did’ anyone for cycling on the pavement. I often had occasion to advise people about riding safely amongst pedestrians. I’m a cyclist myself and quite often ride (safely) on the pavement if I feel the road/traffic situation is potentially dangerous. As for people scooting, I would not embarrass myself or them by wasting their time.
The voice of reason!
apart from the bit about riding amongst pedestrians, yes
But mobility scooters mix with pedestrians without issue.
In my opinion, cyclists should exercise caution and cycle responsibly when on the public highway or on the pavement.
If a high street is packed full of pedestrians, common sense (to me) says you’re not going to get through on a bike doing 10mph.
If you’re approaching a hairy section of road and pavements can easily accommodate a bicycle and pedestrians (some cities have shared usage pavements, I’m not sure if London has these) then why not use the pavement for part of the journey?
“why not use the pavement for part of the journey?”
because it is, for the most part, unlawful. there are some shared usage sections in London (including one very weird one that opened today in Kensington), but not very many.
But what I’m trying to ascertain is what makes it unlawful for human-powered bicycles when the pavement is legally shared by motorised mobility scooters and pedestrians.
Riding on pavements unlawful?… Yes. But so is vehicular speeding, talking/texting on mobiles whilst driving and driving without due care and attention aka dangerous driving and in extreme cases causing death by dangerous driving. With all this in mind then I will if I have to, cycle on the pavement in a safe and courteous manner so as to protect myself from injury, serious injury or death. It’s called self preservation and as I stated earlier in my twenty years as a police officer I never did anyone for cycling on the pavement. Only gave advice on how to do it safely. It’s called discretion and common sense.