I don't personally see a problem with that phrasing... if the cycleway isn't safe, it isn't possible to use it. And if its inconvenient to use it, you have as much right to use the normal roads as anyone else... so long as you are not breaking the law by going somewhere with those pesky "no cycles" signs, no-one has a legal leg to stand on while say anything against you.
Basically its just a suggestion that its safer to be off the road if you can be.
You have to remember that this is a "law-like" document. Its not an Act of Parliament, so it can't be (and isn't intended to be) enforced. Its a, hmm... lets say its a "considered summary" of the road traffic laws, with some explanations, road safety, etc thrown in for good measure.
You can't be (ok, lets say you *shouldn't* be) arrested for not following the Code. You have to break a real law (from the Road Traffic Act, Road Safety Act, etc).
And even if by some insanity it somehow (I can't personally see this happening in....) became illegal to ride on the road where there's a cycleway provided, the Police still have to act on it... the chances are they have better things to do unless you *really* annoy one of them! (hint; don't steal their helmets or run over their toes ;-) )
And even if you got arrested, the CPS would still have to decide to prosecute... which is doubtful; how many lawyers can you think of who would want it on their case history that they prosecuted someone for riding a bike????
Seriously though, in an overstretched service like the CPS, not every case is prosecuted because there simply isn't the time, money, lawyers, court dates, etc... they deal with the "bad" cases (rape, murder, etc), and then work down the severity scale... I suspect they occasionally get pushed into prosecuting some stuff just because its been given exposure (say because someone goes to the press after being arrested for something stupid)...
In essence, if it somehow came to pass as law, I expect it would just end up as another pointless bit of legislation that never gets used. Unless, of course, someone was stupid and went to the press with the story of being arrested for it...
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timeasmymeasure
no subject
Date: 2007-04-18 04:43 pm (UTC)Basically its just a suggestion that its safer to be off the road if you can be.
You have to remember that this is a "law-like" document. Its not an Act of Parliament, so it can't be (and isn't intended to be) enforced. Its a, hmm... lets say its a "considered summary" of the road traffic laws, with some explanations, road safety, etc thrown in for good measure.
You can't be (ok, lets say you *shouldn't* be) arrested for not following the Code. You have to break a real law (from the Road Traffic Act, Road Safety Act, etc).
And even if by some insanity it somehow (I can't personally see this happening in....) became illegal to ride on the road where there's a cycleway provided, the Police still have to act on it... the chances are they have better things to do unless you *really* annoy one of them! (hint; don't steal their helmets or run over their toes ;-) )
And even if you got arrested, the CPS would still have to decide to prosecute... which is doubtful; how many lawyers can you think of who would want it on their case history that they prosecuted someone for riding a bike????
Seriously though, in an overstretched service like the CPS, not every case is prosecuted because there simply isn't the time, money, lawyers, court dates, etc... they deal with the "bad" cases (rape, murder, etc), and then work down the severity scale... I suspect they occasionally get pushed into prosecuting some stuff just because its been given exposure (say because someone goes to the press after being arrested for something stupid)...
In essence, if it somehow came to pass as law, I expect it would just end up as another pointless bit of legislation that never gets used. Unless, of course, someone was stupid and went to the press with the story of being arrested for it...