Is there any legal prohibition on cycling on a footpath, not a footway

CrankyHaus

My understanding from S 2 (1) of the Roads Act 1993 is that, contrary to general understanding of the terms:


A footpath is a separate path from the road intended for pedestrians.


A footway is the part of the road intended for pedestrians, ie what most people call a footpath.


My understanding is that Article 13 of the Road Traffic (Traffic and Parking) Regulations 1997 prohibits cycling on footways.


However I'm not aware of any national prohibition of cycling on footpaths. It seems to be left to Local Authorities to control cycling on footpaths through their bylaws, typically their parks bylaws.



Is this correct or am I missing something?

Peregrinus

"Footpath" is defined in s. 2 as "a road over which there is a public right of way for pedestrians only, not being a footway".

So, by definition, there is no public right of way for cyclists over a footpath. If there were, it would not be a footpath.

All that means, though, is that cyclists cannot assert a right to cycle on a footpath. It doesn't necessarily mean that, if they do cycle on the footpath, they are committing an offence or are exposed to criminal sanctions. It just means that the owner of the footpath has an action in trespass against them, and is entitled to exlude them from the footpath (e.g. with barriers that allow pedestrians through, but not bicycles.

Which is not to say that there might not be some other legislation which makes it an offence to cycle on a footpath. But, like you, I don't know of any.

Ironically, if a cycleway is reserved for the exclusive use of cyclists, it is an offence for a pedestrian to use it - 1993 Actd, s.68(2)(c).

CrankyHaus

Peregrinus wrote: »

"Footpath" is defined in s. 2 as "a road over which there is a public right of way for pedestrians only, not being a footway".

So, by definition, there is no public right of way for cyclists over a footpath. If there were, it would not be a footpath.

All that means, though, is that cyclists cannot assert a right to cycle on a footpath. It doesn't necessarily mean that, if they do cycle on the footpath, they are committing an offence or are exposed to criminal sanctions. It just means that the owner of the footpath has an action in trespass against them, and is entitled to exlude them from the footpath (e.g. with barriers that allow pedestrians through, but not bicycles.

Which is not to say that there might not be some other legislation which makes it an offence to cycle on a footpath. But, like you, I don't know of any.

Ironically, if a cycleway is reserved for the exclusive use of cyclists, it is an offence for a pedestrian to use it - 1993 Actd, s.68(2)(c).

Thanks!

I was wondering about paths in public parks, loosely defined to include paths through green areas between roads which I assumed would qualify as footpaths under the S. 2 meaning above.



I found DCC park bylaws forbade cyclists without explicit sanction but, for instance, SDCC ones did not. So for somebody commuting on their bicycle in Dublin you may have to know your local authority administrative boundaries to stay within the law. It all seems a bit of a mess.

Peregrinus

Well, the whole point of allowing local authorities to regulate any matter is to allow them to make different regulations from one another, to suit local circumstances. Whether the result is "a bit of a mess" or "a welcome degree of flexibility and adaptability" is a matter of taste, I suppose. But, either way, it's not surprising.

I'm not convinced that the pathways through a local authority park are "roads" for the purposes of the Roads Act, and I'm pretty certain that the use of the park and the pathways in it is not regulated under that Act.

Marcusm

Peregrinus wrote: »

"Footpath" is defined in s. 2 as "a road over which there is a public right of way for pedestrians only, not being a footway".

So, by definition, there is no public right of way for cyclists over a footpath. If there were, it would not be a footpath.

All that means, though, is that cyclists cannot assert a right to cycle on a footpath. It doesn't necessarily mean that, if they do cycle on the footpath, they are committing an offence or are exposed to criminal sanctions. It just means that the owner of the footpath has an action in trespass against them, and is entitled to exlude them from the footpath (e.g. with barriers that allow pedestrians through, but not bicycles.

Which is not to say that there might not be some other legislation which makes it an offence to cycle on a footpath. But, like you, I don't know of any.

Ironically, if a cycleway is reserved for the exclusive use of cyclists, it is an offence for a pedestrian to use it - 1993 Actd, s.68(2)(c).

Isn’t the footway that part of a road which is provided primarily for use by pedestrians.

Art 13 of the 1997 regs preclude a vehicle from using a footway except for entry to and egress from a property.

Vehicle is not, to my knowledge, expressly defined but would be commonly construed to include a bicycle.

Surely, there is therefore a prohibition of cycling on such part of a road as is allocated for pedestrian use.

Victor

CrankyHaus wrote: »

I was wondering about paths in public parks, loosely defined to include paths through green areas between roads which I assumed would qualify as footpaths under the S. 2 meaning above.

Fenced-off parks, that tend to be closed at night, etc. generally don't have ways/paths/roads that come under the Roads Act 1993 / Road Traffic Acts - they haven't been taken in charge by the road authority (note councils happen to be road authorities).

Other ways/paths/roads through, say a green area in a housing area could (no guarantee) come under the Roads Act 1993 / Road Traffic Acts.

The term 'footpath' was likely originally intended to primarily cover pedestrian laneways.

CrankyHaus wrote: »

I found DCC park bylaws forbade cyclists without explicit sanction but, for instance, SDCC ones did not. So for somebody commuting on their bicycle in Dublin you may have to know your local authority administrative boundaries to stay within the law. It all seems a bit of a mess.

This can be true. However, if it is a regular route, you should be able to determine things easily enough.

Many council bye-laws lack thoroughness and are in dire need of correction and updating.

https://www.sdcc.ie/en/download-it/publications/parks-and-open-spaces-bye-laws-2011.pdf

SDCC Bye-laws wrote:

3.5 The use of bicycles, skateboards, in-line skates, roller-skates, non motorised scooters and similar vehicles are permitted subject to careful use and consideration for other Park users. A maximum speed limit of 20kph shall apply to all such vehicles with the exception of areas designated for cycle training and races by prior agreement with the Council.

I'm involved in Dublin Cycling Campaign and the council asked us what to do here. I suggested they allow cycling, but to not tolerate 'furious riding'.

https://www.dublincity.ie/sites/default/files/content/RecreationandCulture/DublinCityParks/Documents/ParksBye-Laws2D.pdf

Dublin City Bye-laws wrote:

4.6 TRAFFIC, BICYCLES, SKATEBOARDS ETC.
(a) No person shall cycle or use any skateboard, roller skates, roller blades, or other vehicle in any park or open space except on such routes and in such places as may be designated by the Council for that purpose.

Note the "except" here. Certain parts of certain parks can be used.

https://www.dublincity.ie/sites/default/files/content/RecreationandCulture/DublinCityParks/Documents/ParksBye-Laws2D.pdf

Dublin City Bye-laws wrote:

(d) No person shall wheel a non-mechanical vehicle in any park or open space except on authorised routes.

This seems silly.

https://www.dublincity.ie/sites/default/files/content/RecreationandCulture/DublinCityParks/Documents/ParksBye-Laws2D.pdf

Dublin City Bye-laws wrote:

(e) Bye-Law 4.6(a) and 4.6(d) shall not apply to:
(1) bicycles or tricycles ridden by children under the age of 10 years who are accompanied by and under the care of an adult
(2) bicycles using designated cycle lanes.

https://www.dublincity.ie/sites/default/files/content/RecreationandCulture/DublinCityParks/Documents/ParksBye-Laws2D.pdf

Dublin City Bye-laws wrote:

(f) All persons to whom Bye-laws 4.6 (a), 4.6 (c) and 4.6(d) apply shall stop when called upon to do so by signal or otherwise by an employee or agent of the Council or by a member of An Garda Síochána.
(g) The speed limit for all vehicles on authorised routes in any park or open space shall be ten kilometres per hour.

That speed limit may be unnecessarily low in some locations.

Victor

Marcusm wrote: »

Vehicle is not, to my knowledge, expressly defined but would be commonly construed to include a bicycle.

Correct. Where a word isn't defined in legislation, use the ordinary dictionary meaning.

Surely, there is therefore a prohibition of cycling on such part of a road as is allocated for pedestrian use.

Not quite. Note that the act says footways are "provided primarily for use by pedestrians". If that made it an offence for others to use it, note that roadways are "primarily for the use of vehicles" - it would be illegal for pedestrians to cross the road.

http://www.irishstatutebook.ie/eli/1993/act/14/enacted/en/print

Roads Act, 1993 wrote:

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

“footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

68.—(1) In this section “cycleway” means a public road or proposed public road reserved for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.

Peregrinus

Victor wrote: »

Correct. Where a word isn't defined in legislation, use the ordinary dictionary meaning.

Not quite. Note that the act says footways are "provided primarily for use by pedestrians". If that made it an offence for others to use it, note that roadways are "primarily for the use of vehicles" - it would be illegal for pedestrians to cross the road.

http://www.irishstatutebook.ie/eli/1993/act/14/enacted/en/print

But I think you have to look beyond the definition of footway. Road Traffic (Traffic and Parking) Regulations 1997 reg. 13 provides that, subject to exceptions, "a vehicle shall not be driven along or across a footway". By Road Traffic Act 1994 s. 35(5)(a), contravention of the regulations is an offence. So it would seem that, unless you are within one of the exceptions in reg. 13, driving your bicycle along the footpath is an offence.

I'd be of the view that, if you're using the drive system - the pedals and chain - to propel the bicycle, you're driving it, but if you're simply wheeling it along, you're not.

(Note that this of course relates to footways. The OP's query was about footpaths.)

Victor

Peregrinus wrote: »

But I think you have to look beyond the definition of footway. Road Traffic (Traffic and Parking) Regulations 1997 reg. 13 provides that, subject to exceptions, "a vehicle shall not be driven along or across a footway". By Road Traffic Act 1994 s. 35(5)(a), contravention of the regulations is an offence. So it would seem that, unless you are within one of the exceptions in reg. 13, driving your bicycle along the footpath is an offence.

Sure, but that offence is created by the 1997 regulations (possibly amended), not the Roads Act 1993.

Peregrinus

Victor wrote: »

Sure, but that offence is created by the 1997 regulations (possibly amended), not the Roads Act 1993.

Indeed. But the post you were responding to already made the point that the offence is created by the 1997 Regulations.

At a wild guess, even before the Roads Act 1993 there was already legislation in or under the the Road Traffic Acts making it an offence to cycle on the footway. The 1993 legislation didn't make that an offence because it didn't need to; it was already an offence. But the 1993 legislation introduced the novel concept of "cycleways", and it did create offences associated with those, because there were none already.

Carawaystick

Marcusm wrote: »

Isn’t the footway that part of a road which is provided primarily for use by pedestrians.

Art 13 of the 1997 regs preclude a vehicle from using a footway except for entry to and egress from a property.

Vehicle is not, to my knowledge, expressly defined but would be commonly construed to include a bicycle.

Surely, there is therefore a prohibition of cycling on such part of a road as is allocated for pedestrian use.

Ah Heyor :eek:,
you quoted a reg and couldnt be bothered to check S4(5) of that reg...

A reference to a vehicle in these Regulations shall, unless otherwise specified, mean a mechanically propelled vehicle (other than a mechanically propelled wheelchair) and a pedal cycle.