Go for the third option and make the magistrate think about breaking the law and fairness in the application of the law.
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
It's a '1984' reference.
I had a read through this: http://ukcyclerules.com/2012/01/04/c...enalty-notice/
The third option might be more hassle than its worth. Plus, I was in the wrong, after all. I was using the pavement because I thought it the safer option rather than to specifically avoid a certain collision. I guess I'm somewhat lucky the Greater Manchester Police offer another alternative in the form of attending the training presentation.If you don’t want to pay the fine, the alternative is to request a hearing. As I’ve said above, if you request a hearing and the police choose to proceed with the matter, you’ll be prosecuted in the magistrates’ court.
If you’re right, and what you did wasn’t an offence, it should follow that you’ll be acquitted.
But if you’re wrong (or the court doesn’t accept what you say), you will presumably be convicted and sentenced. Sentences in the magistrates’ court can be significantly higher than if you’d just paid the FPN – as you can see from the case of the man who pleaded guilty to carrying a child on a bike not adapted for the purpose.
So if you’re going to request a hearing on the grounds that you didn’t commit the offence, it’s a good idea to be sure of your position. It’s also a good idea to consult a lawyer – although this may well cost you more than the £30 you’d have to pay for the FPN.
...
What about the situation where you did commit the offence, and the penalty in the notice is right, but when the police officer gave you the FPN it was simply the wrong thing to do in the circumstances?
This point can arise in lots of different ways. I’ll look at a few examples.
You shouldn’t have got an FPN because what you did was justified. For example, if you went up onto the pavement to get out of the way of a lorry bearing down on you, you might have a defence which would mean that riding on the pavement in those circumstances wasn’t against the law (so in other words, you didn’t commit the offence – as I’ve considered above). But the defence is narrowly drawn, so will apply only in rare cases. As I’ve said, if you want to challenge a FPN for this reason, the key thing is to be sure of your position (because if you get it wrong, the penalties in court can be much higher). Again, this is a situation where it will be a good idea to consult a lawyer.
Duh, me! Only copped that.
RE your FPN, If you feel the junction isn't safe then you are justified in using the path. However, I would have dismounted. :P
Out of curiousity can you Google Map the area in question. Wanna have a gander.
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
Here it is: https://maps.google.co.uk/maps?q=oxf...355.5,,0,13.25
You can see that there is no bicycle lane on the left (it ends here: https://maps.google.co.uk/maps?q=oxf...8,,0,5.85&z=18), but there is on the other side going in the opposite direction.
This junction slightly on up the road is particularly dangerous as there is just no space for a bike at the side of the road when you've got a queue of buses: https://maps.google.co.uk/maps?q=oxf...,,0,-0.36&z=18
Only after that does the cycle path into the city centre recommence: https://maps.google.co.uk/maps?q=oxf...,,0,35.27&z=18
I was travelling in the direction of the tower of the Palace Theatre in the distance of the first street-view. You can see the phone box and the restaurant on the right. Sure, I wasn't technically on the "correct" pavement side anyway, but I know the route and am well aware there's no bicycle path on the road-side across the other side so wouldn't have been where I was had I had that facility. I usually use the left side but came up a different route yesterday as I'd luckily left a bit earlier. Cycling up the pavement on the other side wouldn't have made a material difference anyway as they were stopping cyclists using that admittedly wider side too. If I was going to be using the pavement beside what I thought was an unsafe stretch of road, what difference would it have made anyway as long as I was being careful to avoid pedestrians?
I mean, this designated zone apparently for bikes to wait at the traffic lights is a bit of a joke: https://maps.google.co.uk/maps?q=oxf...,,0,15.35&z=18
Is it just there for show, because there's no way a cyclist can get ahead of traffic when those three lanes are full of queuing cars and buses? And if you wait behind them and travel in line with them, you're inevitably only holding them back. My poor legs can only peddle so fast up that dastardly hill! It much less stressful using the pavement in a careful manner, as I try to do.
It's funny looking at that that it was the Cornerhouse where the bike lande starts as I only heard of it yesterday as they have changed their logo.
http://www.underconsideration.com/br...e_holes_is.php
I don't know Manchester at all and the images from StreetView are 4.5 years old. Can you tell me if the markings on the road are in better shape?
What I will say is that the Bus Lane is a bicycle lane by default generally and the road is much too narrow to incorporate a segregated cycle lane for that stretch that is indicated. There is no reason however for a shared lane to be marked after the point where the bus lane ends. I'd get onto Manchester City Council about that Danny.
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
The road markings are the exact same, as far as I can make out.
Most cities are notoriously cyclist-unfriendly. It really annoys me when you can get fined for cycling on the pavement, but people can leave their wheelie bins, cars, broken glass and scorpions sitting in the cycle lane with zero consequences.
Christ, broken glass... Don't talk to me about it. That's another issue. I had three punctures in four days one week there not so long ago. I also work early on Saturday mornings meaning I cycle to work before the council have had the opportunity to clear the road-sides and pavements of broken bottles from the Friday night before. It's a hazard course!
Scorpions- Pah. I was attacked by a five headed raptor / buffalo combo beast with while cycling home the other day.
Mind you- this did have consequences. But only for the five headed raptor / buffalo combo beast.
Last edited by Mr A; 22/02/2013 at 3:03 PM.
#NeverStopNotGivingUp
Option 4 - buy a car you hobo.![]()
I like high energy football. A little bit rock and roll. Many finishes instead of waiting for the perfect one.
That's my old university library beside where Danny got the ticket, and I lost count the amount of times I got a whack from the handlebar of a passing cyclist on the pavement. Not having a go at you Danny by the way, that stretch of pavement has a very high footfall and the bus lane is normally pretty busy so your stuck eitherway. Take the course but complain to the Council, they were pretty decent in any dealings I had with them.
For once maybe someone will call me "sir" without adding "you're making a scene."
https://kesslereffect.bandcamp.com/album/kepler - New music. It's not that bad.
Longer working week, less pay, less flexi time... eh... what's the catch...
Roll on Canada!!
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
Soooo...
Can we say we've seen and heard it all now...
The South African hair thieves targeting dreadlocks
http://www.bbc.co.uk/news/world-africa-21498878
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
Okay, so am I the only one who doesn't find those Bad Lip Reading videos funny? Am I missing something here?!
They're funny once. But not so much after a while.
DID YOU NOTICE A SIGN OUTSIDE MY HOUSE...?
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