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Park and Cycle Galway

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  • Registered Users Posts: 904 ✭✭✭pure.conya


    Link?

    don't have one, but I was involved in a road traffic court case recently that had involved me cycling off a foot path and i got knocked down when i got on the road, my solicitor challenged the fixed penalty charge i received for cycling on the path, he simply asked the superintendent taking the case for the state where in the law it says its illegal to cycle on the foot path, after a bit of flustering he had to admit in open court that when they ammended the laws last they couldn't actually make it illegal to cycle on the footpath or every child cycling to and from school would be breaking the law, the charge was cancelled by the judge immediately because the garda tried to do me for something that was never illegal


  • Registered Users Posts: 904 ✭✭✭pure.conya


    jjpep wrote: »
    Our crazy infrastructure says that a bike and bus should share the same lane. It is definitely anti social type behavior to cycle on a foot path being used by pedestrians (fine if its empty), simply because most footpaths are not near wide enough to accommodate both. The legal side of cycling on the footpath has been covered by other posts.

    There's other issues too, like losing right of way when crossing roads (another example of our poor infrastructure, this type legislative) that join on the the road you're travelling on.

    if there's no cycle lane i will most likely be cycling on the path then, even if there's a bus lane, crazy stuff i know right, imagine having more regard for my own personal safety over crazy traffic systems, also there are very few paths in this whole city not big enough for pedestrians and a cyclist to pass each other, the roads are simply too dangerous in this city to not avail of the paths when no cycle lane is in place and as i stated earlier people insisting on cycling on the bus lanes means you're holding up a single (or double decker) bus full of kids and adults trying to get to school/work


  • Closed Accounts Posts: 658 ✭✭✭jjpep


    pure.conya wrote: »
    if there's no cycle lane i will most likely be cycling on the path then, even if there's a bus lane, crazy stuff i know right, imagine having more regard for my own personal safety over crazy traffic systems, also there are very few paths in this whole city not big enough for pedestrians and a cyclist to pass each other, the roads are simply too dangerous in this city to not avail of the paths when no cycle lane is in place and as i stated earlier people insisting on cycling on the bus lanes means you're holding up a single (or double decker) bus full of kids and adults trying to get to school/work

    Ultimately, do what you gotta do to be safe (without being dangerous to others obliviously) should always be the guiding light. The only thing I take any real issue with what your saying is about someone on a bike holding up buses etc. I always found it to be a case of leapfrog - me overtake bus, bus overtake me etc According to my bikes computer (e-bike), my average speed was around 24kmph which i imagine is not much different to a buses - probably even better given the extra stops a bus has to make.


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    don't have one, but I was involved in a road traffic court case recently that had involved me cycling off a foot path and i got knocked down when i got on the road, my solicitor challenged the fixed penalty charge i received for cycling on the path, he simply asked the superintendent taking the case for the state where in the law it says its illegal to cycle on the foot path, after a bit of flustering he had to admit in open court that when they ammended the laws last they couldn't actually make it illegal to cycle on the footpath or every child cycling to and from school would be breaking the law, the charge was cancelled by the judge immediately because the garda tried to do me for something that was never illegal

    It sounds to me that what got thrown out was the attempted fixed penalty charge for cycling on the footpath.

    It's still illegal though. The garda just used the wrong approach to pull you up for it.


  • Registered Users Posts: 904 ✭✭✭pure.conya


    jjpep wrote: »
    Ultimately, do what you gotta do to be safe (without being dangerous to others obliviously) should always be the guiding light. The only thing I take any real issue with what your saying is about someone on a bike holding up buses etc. I always found it to be a case of leapfrog - me overtake bus, bus overtake me etc According to my bikes computer (e-bike), my average speed was around 24kmph which i imagine is not much different to a buses - probably even better given the extra stops a bus has to make.

    from my experience there's very few bus drivers that will leapfrog a cyclist on the bus lane, they're actually better off to stay behind ye than to risk a road traffic accident, I'm glad you brought up your speed because standing passenger buses are limited to 80kmph by law on all roads including motorway, which means they're ok to travel up to 80kmph from roscam to galway crystal and 50kmph all the way into town after that, trust me when I tell ya its real annoying getting stuck behind a cyclist doing 15/16kmph - 22/24kmph


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    It sounds to me that what got thrown out was the attempted fixed penalty charge for cycling on the footpath.

    It's still illegal though. The garda just used the wrong approach to pull you up for it.


    please explain how a fixed penalty charge can be thrown out of a court if what i done was illegal? it was not or is not illegal to cycle on the footpath in Ireland, the garda had to admit in the court that if it was "every school kid cycling to and from school everyday would be heading the law", his exact words and not mine, my solicitor had to really push him to admit it too

    so argue all you like but it's still not illegal to cycle on the path here in Ireland, it is possible for pedestrian and cyclist to coexist on almost all paths in this city, use them when a dedicated cycle lane isnt provided and like me will ye stop holding up buses full of people trying to get to and from work


  • Registered Users, Registered Users 2 Posts: 3,310 ✭✭✭ratracer


    pure.conya wrote: »
    from my experience there's very few bus drivers that will leapfrog a cyclist on the bus lane, they're actually better off to stay behind ye than to risk a road traffic accident, I'm glad you brought up your speed because standing passenger buses are limited to 80kmph by law on all roads including motorway, which means they're ok to travel up to 80kmph from roscam to galway crystal and 50kmph all the way into town after that, trust me when I tell ya its real annoying getting stuck behind a cyclist doing 15/16kmph - 22/24kmph

    All the more reason for all to look for separate cycle lanes..... everyone wins!!


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ratracer wrote: »
    All the more reason for all to look for separate cycle lanes..... everyone wins!!

    I'm all for extra cycle lanes, I'm a fulltime cyclist for years, but in the meantime it would be great to not be holding up over 100 people on a double decker trying to get to and from work/school


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    please explain how a fixed penalty charge can be thrown out of a court if what i done was illegal?

    Because it's not a fixed charge offence...


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  • Closed Accounts Posts: 658 ✭✭✭jjpep


    pure.conya wrote: »
    from my experience there's very few bus drivers that will leapfrog a cyclist on the bus lane, they're actually better off to stay behind ye than to risk a road traffic accident, I'm glad you brought up your speed because standing passenger buses are limited to 80kmph by law on all roads including motorway, which means they're ok to travel up to 80kmph from roscam to galway crystal and 50kmph all the way into town after that, trust me when I tell ya its real annoying getting stuck behind a cyclist doing 15/16kmph - 22/24kmph

    My experience would be the opposite, on that road in particular which was my commute for about a year, they do overtake/leapfrog. Zero fun for anyone involved.


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    Because it's not a fixed charge offence...

    i see qhere your being confused now, the fixed charge notice wasn't specifically for cycling, well it was but the fine itself was for not paying due course and attention or something, my solicitor opened by asking why i had received the fine and the garda said he used the particular fine because i had been cycling illegally on the footpath, my solicitors next question was for the garda to name the act that states cycling on a public footpath is illegal, he kinda huffed and puffed for a bit looking very uneasy and in the end admitted that they couldn't make it illegal to cycle on the path or every school kid cycling to school everyday would be breaking the law


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    i see qhere your being confused now

    No confusion, you were just lucky the Garda hadn't done their homework.

    What he should have said was...."Article 13 of the 1997 Regulations makes it an offence to cycle on a footpath unless you are entering or exiting a property".


  • Registered Users Posts: 904 ✭✭✭pure.conya


    jjpep wrote: »
    My experience would be the opposite, on that road in particular which was my commute for about a year, they do overtake/leapfrog. Zero fun for anyone involved.

    and in my experience they most definitely do not leapfrog, especially in the mornings when there is literally no room for them to pull out to overtake a cyclist due to their being bumper to bumper traffic on the right aide of the bus

    jebus if there's no dedicated cycle lane will ya just get out of the bus lanes during rush hour


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    I was watching the Chase the other night. The contestant was asked what the capital of Croatia was, they huffed and puffed but eventually admitted they didn't know.

    Therefore, Croatia does not have a capital.

    Q.E.D.


  • Closed Accounts Posts: 658 ✭✭✭jjpep


    pure.conya wrote: »
    and in my experience they most definitely do not leapfrog, especially in the mornings when there is literally no room for them to pull out to overtake a cyclist due to their being bumper to bumper traffic on the right aide of the bus

    jebus if there's no dedicated cycle lane will ya just get out of the bus lanes during rush hour

    I went one better and left the country.... :-)

    But anyway, circular discussion is circular. Dedicated segregated bike lanes fixes all this nonsense.


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  • Registered Users, Registered Users 2 Posts: 5,002 ✭✭✭what_traffic


    pure.conya wrote: »
    jebus if there's no dedicated cycle lane will ya just get out of the bus lanes during rush hour

    Nah safer here than in the main vehicle traffic lane on this stretch. Either they widen the Bus Lane and incorporate a cycle lane(the bus lane sign has a bike and bus on it) or else build a bike path. Plenty of room here on this section; I say strong chance that could be done in the next decade.


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    No confusion, you were just lucky the Garda hadn't done their homework.

    What he should have said was...."Article 13 of the 1997 Regulations makes it an offence to cycle on a footpath unless you are entering or exiting a property".

    the garda knew his job inside out though, he wouldn't be the garda taking the state cases in the court otherwise, he tried to fine me for cycling on the path the only way he could and that was under the no consideration FPC, but when he admitted exactly why he actually fined me (for simply cycling on the path) and a few mins later admitting it wasn't actually illegal then the judge threw out the case, simple as that really


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    a few mins later admitting it wasn't actually illegal

    Wasn't illegal or wasn't fineable.....?

    It's written black and white in law, much better reference that a Garda's ability of recall on the spot.


  • Registered Users Posts: 904 ✭✭✭pure.conya


    Nah safer here than in the main vehicle traffic lane on this stretch. Either they widen the Bus Lane and incorporate a cycle lane(the bus lane sign has a bike and bus on it) or else build a bike path. Plenty of room here on this section; I say strong chance that could be done in the next decade.

    woah, who in their right mind would cycle between the bus and main vehicle traffic lane?? how can you not just cycle on the path instead of clogging up the bus lane and forcing the bus to drive 60kmph less than its capable of? just because theres a sign with bus and bike on it doesn't make it right, especially when it's holding up over 100 people that have paid to use the bus


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    Wasn't illegal or wasn't fineable.....?

    It's written black and white in law, much better reference that a Garda's ability of recall on the spot.

    my solicitor had done his homework and knew he could ask the garda the question and receive the answer he was looking for, the garda quite rightly admitted that they couldn't actually make it illegal to cycle on the path

    its not illegal to cycle on the path in Ireland

    simple as that


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  • Registered Users, Registered Users 2 Posts: 1,247 ✭✭✭Greaney


    Wombatman wrote: »
    I drive in from Athenry with the bike on the rack. I park in Roscam and cycle from there to Eyre Square. Been doing it for about three years. No bother. Wrap up well. Don't sweat much. Baby wipe and a squirt of spray if necessary. No need for shower.

    Crawling tailbacks from Galway Clinic to town most mornings. Must be taking people 45 min to get in as opposed to 20min on the bike. Same on the way out. Can’t understand it. Free excercise, reduced fule and no parking charges with the bike.

    I imagine you know most of this and it mightn't suit your situation but...
    The bike is free on the train
    The annual commuter ticket, which is tax deductable, is about 25% the price of running a car, that is, if you need a second one for the commute.
    Most households in Athenry that I know just run one car because of the train.


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    its not illegal to cycle on the path in Ireland

    simple as that

    OK let's step aside from your court case and what is claimed someone and someone else said back - the rest of the country wasn't there.

    Can you just respond to this below...?

    "Article 13 of the 1997 Regulations makes it an offence to cycle on a footpath unless you are entering or exiting a property"


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    OK let's step aside from your court case and what is claimed someone and someone else said back - the rest of the country wasn't there.

    Can you just respond to this below...?

    "Article 13 of the 1997 Regulations makes it an offence to cycle on a footpath unless you are entering or exiting a property"

    i have already explained my experience in a recent court case, several times for those that couldn't take it in the first time, you can throw up all the links you like but if it was illegal to cycle on the path and the garda could admit so why would he choose to say that they couldn't actually make it illegal in the end for the school kids reason, simple as that, no ifs buts or maybes


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    So aside from the a personal he-said/she-said situation you don't have any response to the actual law as referenced above?


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    So aside from the a personal he-said/she-said situation you don't have any response to the actual law as referenced above?


    i have already explained my experience in a recent court case, several times for those that couldn't take it in the first time, you can throw up all the links you like but if it was illegal to cycle on the path and the garda could admit so why would he choose to say that they couldn't actually make it illegal in the end for the school kids reason, simple as that, no ifs buts or maybes


  • Closed Accounts Posts: 511 ✭✭✭ChewyLouie


    pure.conya wrote: »
    they couldn't actually make it illegal in the end for the school kids reason, simple as that, no ifs buts or maybes

    Some background reading for you...
    https://irishcycle.com/2015/01/21/no-exemption-for-children-cycling-on-footpaths-says-minister-ahead-of-new-fines/

    In the end cycling on the footpath was not directly included in the fixed charges, but remains an offence. But "younger children are currently generally exempted from criminal responsibility".


  • Registered Users, Registered Users 2 Posts: 3,310 ✭✭✭ratracer


    pure.conya wrote: »
    i have already explained my experience in a recent court case, several times for those that couldn't take it in the first time, you can throw up all the links you like but if it was illegal to cycle on the path and the garda could admit so why would he choose to say that they couldn't actually make it illegal in the end for the school kids reason, simple as that, no ifs buts or maybes

    If you appear in court and the guard has the wrong act/ law quoted on the summons, they can’t just change it on the spot and any half decent solicitor will have the charge dismissed. I would take a wild guess this is what happened in your case, which was fortunate for you.


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ChewyLouie wrote: »
    Some background reading for you...
    https://irishcycle.com/2015/01/21/no-exemption-for-children-cycling-on-footpaths-says-minister-ahead-of-new-fines/

    In the end cycling on the footpath was not directly included in the fixed charges, but remains an offence. But "younger children are currently generally exempted from criminal responsibility".

    I'll continue to take the experienced garda tasked with knowing the current law inside and out so he can take the state cases in court thanks, its not illegal to cycle on the path and no such distinction exists in the law either allowing minors to do so over adults


  • Registered Users Posts: 904 ✭✭✭pure.conya


    ratracer wrote: »
    If you appear in court and the guard has the wrong act/ law quoted on the summons, they can’t just change it on the spot and any half decent solicitor will have the charge dismissed. I would take a wild guess this is what happened in your case, which was fortunate for you.

    my point today and my solicitors point on the day fighting the fixed penalty charge had absolutely nothing to do with the automatic summons for not paying the fine, we challenged the FPC only, you're the first person to mention a summons here and it's got absolutely nothing to do with the point I'm making regarding a statement of fact from a Garda in a recent court case


  • Closed Accounts Posts: 658 ✭✭✭jjpep


    pure.conya wrote: »
    I'll continue to take the experienced garda tasked with knowing the current law inside and out so he can take the state cases in court thanks, its not illegal to cycle on the path and no such distinction exists in the law either allowing minors to do so over adults

    Individuals can make mistakes. Again, to quote the CI site:

    Is it legal to cycle on a footpath?
    Since 2015 the laws governing cycling have been regulated into specific fixed charge offences. Gardaí have the power to stop and fine a cyclist if they commit a fixed charge offence. Cycling on a footpath is not a fixed charge offence. However other laws do include it as an offence.

    Article 11 of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 prohibits you from cycling beyond a traffic sign that prohibits bicycles
    Article 13 of the 1997 Regulations makes it an offence to cycle on a footpath unless you are entering or exiting a property
    Article 45 of the 1997 Regulations (as amended by the Road Traffic (Traffic and Parking) (Amendment) Regulations 1998), you must not cycle in a pedestrianised street or area during the period indicated by the sign
    Although it is not a fixed charge offence to cycle on a footpath a cyclist could be fined for doing so if a Garda deemed their cycling to be without ’reasonable consideration‘.

    So either that guard was wrong or citizens information is wrong? Which appears to be more likely? BTW, I would much prefer the idea of being allowed to cycle on the footpaths when safe and prudent to do so but would rather it to be black and white rather than the grey which seems to be the current situation.


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  • Registered Users, Registered Users 2 Posts: 3,310 ✭✭✭ratracer


    pure.conya wrote: »
    my point today and my solicitors point on the day fighting the fixed penalty charge had absolutely nothing to do with the automatic summons for not paying the fine, we challenged the FPC only, you're the first person to mention a summons here and it's got absolutely nothing to do with the point I'm making regarding a statement of fact from a Garda in a recent court case

    You’re point was that it is not illegal to cycle on the path, which is not accurate. You’ll find this contradicts what you are saying:

    https://irishcycle.com/2015/07/19/cycling-fines-what-you-need-to-know-from-august-1/

    A new case, reported on in the Irish Examiner this month, shows how a man was fined €200 in court for cycling on a footpath and running into the side of a car which was exiting a private driveway. He was described as a serial road traffic offender, with a string of offences which are “not of a very serious nature”.

    Obviously no one else here was in court to hear your case, but I would still guess your solicitor got it struck out on a technicality, and good luck to him and you for that.
    I for one would not cycle on a footpath, especially when there is a dedicated, albeit shared, cycle lane where I am travelling. Having said that, I also don’t cycle in cycle lanes that aren’t maintained/ swept.


  • Registered Users, Registered Users 2 Posts: 1,247 ✭✭✭Greaney


    ratracer wrote: »

    A new case, reported on in the Irish Examiner this month, shows how a man was fined €200 in court for cycling on a footpath and running into the side of a car which was exiting a private driveway..

    Janey, what would they make of the Doughiska road then???


  • Registered Users, Registered Users 2 Posts: 3,397 ✭✭✭xckjoo


    Jesus these things go off on flying tangents quick! I'm just going to repost this to nudge it back in the right direction...
    n1st wrote: »
    160 signatures today.
    https://my.uplift.ie/petitions/park-and-cycle-galway

    We'll get to 200 with your help.
    There is talk of using Galway airport as a park n ride too


  • Registered Users, Registered Users 2 Posts: 578 ✭✭✭n1st


    How do we get the councils in Galway to provide dedicated, lit, marked, unbroken cycle lanes in Galway City?
    And provide one complete route in 2020 instead of plans?


  • Closed Accounts Posts: 658 ✭✭✭jjpep


    n1st wrote: »
    How do we get the councils in Galway to provide dedicated, lit, marked, unbroken cycle lanes in Galway City?
    And provide one complete route in 2020 instead of plans?

    Have you been in touch with the Galway cycling campaign? This is the kinda of stuff they try to work on.


  • Registered Users, Registered Users 2 Posts: 578 ✭✭✭n1st


    jjpep wrote: »
    Have you been in touch with the Galway cycling campaign? This is the kinda of stuff they try to work on.

    I tried but got no response. They've done some great work but I have no idea what actions actually happened. If anyone has a direct contact then please message me


  • Registered Users, Registered Users 2 Posts: 864 ✭✭✭Boardnashea


    The buses in the Galway bus lanes are not jut city buses (which stop every 100m). You are also sharing the lane with intercity services, taxis, minibuses etc.


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