[talk-au] Cycle permissions by a user

[Ewen Hill]

Hi Tony,
   The area
<https://www.openstreetmap.org/edit?way=1008258040#map=21/-38.08893/145.12596>
in
question is certainly what I wouldn't call a footpath being a wide grass
only area but what is a footpath? I think of a footpath mainly in urban
areas being just wider than a large pram (wider in shopping precincts),
either concrete or asphalt. In rural areas, I see footpaths also being
longer gravel versions that allow primary school kids safe access to the
local school or bus stop. Anything else is a path, track or shared footpath
however....

 In Victoria (as with other states) the road safety rules
<http://legislation.vic.gov.au/in-force/statutory-rules/road-safety-road-rules-2017/009>
say
throughout ... "Bicycle, footpath, motor bike, nature strip and postal
vehicle are defined in the dictionary. ". I can't find a precise well-used
definition but the WA Road Traffic Rules
<https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_44431.pdf/$FILE/Road%20Traffic%20Code%202000%20-%20%5B05-w0-00%5D.pdf?OpenElement>
say "footpath means an area that is open to the public that is designated
for, or has as one of its main uses, use by pedestrians;"

Things get murkier if you pop over  to Macquarie Dictionary
<https://www.macquariedictionary.com.au/resources/aus/word/map/search/word/footpath/Central%20West%20NSW/>
and
see that Footpath can be inferred by some, as the entire area from
residential boundary to road so that includes the grass, trees, crossovers
and potentially, a "sidewalk". This is what I would call a naturestrip or
roadside verge.

I see the WA definition of "designated for" as important. I also see
potential risk to pedestrians and cyclists (reversing cars out of
driveways) being key and the length of footpath as important as a long path
without many exits would suggest cycling as a key option. In his instance,
the footpath is on private land, has not been designated as a footpath and
isn't signposted so I see this as a perfectly legitimate to cycle.

I know this hasn't answered your question however I would consider a
footpath is only when a path runs parallel to a road and is in very close
proximity to that road i.e. a sidewalk, Everything else is a path.

Regards

Ewen



On Fri, 7 Oct 2022 at 20:26, <forster at ozonline.com.au> wrote:

> Hi
> I have been monitoring the edits by a user who still "changes shared
> paths to footpaths as no signs present to indicated bikes are
> permitted" in Victoria Australia.
>
> Most of these changes are small ways where there are unlikely to be
> serious consequences, its not worth the petrol (or electricity in this
> case for my Nissan Leaf) to go out and inspect the way and I have said
> nothing.
>
> I have commented on way 1008258040 in Changeset: 126886850 where
> bicycle=yes by the previous editor has been removed because there were
> "no signs present to indicated bikes are permitted"
>
> There is good street level imagery. It is not a footpath in the
> sidewalk sense. It looks OK for bicycles to me. Sorry to bother but I
> request a clear community consensus again on whether "no signs present
> to indicated bikes are permitted" is of itself  sufficient evidence
> that bicycles are disallowed.
>
> Sorry to bother you all
> Tony
>
>
>
> _______________________________________________
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> Talk-au at openstreetmap.org
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>


-- 
Warm Regards

Ewen Hill
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