[Talk-GB] Changing "stub" cycleways to pavements

[Jass Kurn]

The pdf you have correctly refers to The Highways Act 1980 which gives
highway authorities the power to convert a footway (pavement) to a cycle
track. Section 66 of this act is used to remove the footway (pavement),
then Section 65(1) is used to create a statutory Cycle Track.

It is not a TRO (traffic order)

A traffic order is a function of the Road Traffic Regulation Act 1984,
which gives appropriate authorities the power to create temporary,
experimental or permanent restrictions on traffic, using Traffic
Regulations Orders. Nothing to do with Cycle Tracks.

TRO's normally require consultation and are commonly publicly listed, and
often available to see on council maps. The legal process your pdf refers
to uses an internal process done commonly without public consultation, or
to be found on any council website.

Cycle Tracks have, more or less, their own legislation, the Cycle Tracks
Act 1984.

>From this you can hopefully see that TRO's have nothing to do with the
presence of a Cycle Track or the signage indicating a Cycle Track.

It's also important to understand the government's use of footpath,
footway, and walkway.  Often mentioned pavement cycling prohibitions only
apply when a footway is a lane within a road directly adjacent to a
carriageway.

Jass

On Tue, 15 Feb 2022 at 19:35, Tony Shield <tonyosm9 at gmail.com> wrote:

> A conversion of a footpath to a cycle way does require a TRO - that is
> what gives the LA the permission to install that signage.  In this case
> they have to use a TRO as the presumption is that the footway is not
> available to cyclists. Cyclists on the footway are illegal (see highway
> code), it is only legal when a TRO is in effect to allow it.
>
> I have a pdf from Lancashire County Council ref LSG4\894.13608\AFR.
> Included are the words
> "NOTICE IS HEREBY GIVEN that in accordance with Section 65(1) and 66(4) of
> the Highways Act 1980 Lancashire County Council propose to convert the
> following:
> 1) To convert the following lengths of footway into segregated
> footway/cycleway:
> a) St Helens Road, Ormskirk, the west side, from a point 24 metres south
> of its junction with the Centreline of Moor Street for a distance of 48
> metres in a southerly direction;
> b) St Helens Road, Ormskirk, the east side, from a point 24 metres south
> of its junction with the Centreline of Moor Street for a distance of 48
> metres in a southerly direction.
> 2) To convert the following lengths of footway into joint use cycleways:
>
> a) St Helens Road, Ormskirk, the west side, From its junction with the
> Centreline of Moor Street for a distance of 24 metres in a southerly
> direction;  ........."
>
> This and other sources indicate to me that a TRO is required in the
> situation discussed.
>
> Tony Shield - TonyS999
> On 15/02/2022 16:27, Jass Kurn wrote:
>
>
>
> On Tue, 15 Feb 2022 at 12:48, Tony Shield <tonyosm9 at gmail.com> wrote
>
>>
>> I think the only way to proceed is to read the TRO (traffic Regulation
>> Order) and associated plans .....
>>
>
> A conversion of a footway (pavement/ osm-sidewalk)  to a cycle
> track (shared or not) does not require a Traffic Order.
>
> We map what is on the ground and shown by signage. Why is this case should
> we consult with the council?
>
> Jass
>
>
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