Cunobelin wrote:
This is I think the problem, which will run for a long time as an argument.
The simple answer would be simply to accept that "pavements are for pedestrians"
Most drivers do - but those flleing my fashing plice car will do anything to evade capture. You have no idea what goes on whilst you are tucked up in bed sometimes...
But we are talking about folks who park up on he pavement - aren't we?
You appear to agree up to a point that:
Cunobelin wrote:
However as pointed out this may not always be practicable, as there are coherent arguments for parking on the footway posted on this site.
However, you go on to say:
Cunobelin wrote:
Where does this stop. If I decide to park on the pavement because it means traffic can flow more smoothly, or decide to ride on the pavement because ofthe same effect - when does one argument become more valid. I am the same person using the same footway for the same reason.
The difference is because you are not stationary . You are moving on a contraption with wheels. A car is parked - not moving and person has two eyes and a responsibilty not to walk into it. It is not that easy to leap out of the way of a cyclist - particularly if the person is walking ahead of the cyclist, and he does not ring any bell and shout a warning - as is often the case. Both parties can be injured - not necessarily seriously - but enough to be inconvenienced. You say you take out insurance via household inusrances - but what happens if person is not a householder and has not insured his household belongings. No legal obligation for cyclist to be insured - and many do not even exchange names and addresses. We have a number of people who complain about cyclists on pavements and we try to do something about this as and when we can - but question of prioriities and other emergencies. We are now deploying CSOs to deal with these people - and depends on hard nosed and law abiding people are as to their success anyway.
With respect - if you are moving to get from A to B - you are not using the pavement for same reason. Car is parked and you are travelling on the pavement.
Cunobelin wrote:
Surely though this opens the floodgates as any group can now "justify" their actions in the same way - simply because you agree or disagree with that decision is a point where the law as it stands MUST be the final arbiter.
Lot of roads around with wide pavements. In fact - roads around here where the part nearest the kerb is tarmacadamed and pavement is paved. Cars park on the tarmacadamed stretch and people walk on the paved bit. If the councils had the money and common sense- they could redesign into lay-bys anyway.
Also - you move the car onto pavement to access a driveway - and this is a perfectly legal manoeuvre per HC rule 123.
However - if there is a contravention of HC 218 - we tend to have a word with the driver - and if there are yellow lines, zig zags or anything absolutely illegal - then we act accordiingly.