[OSM-talk] Proliferation of path vs. footway

[Mike Harris]

Jason is technically correct. The use of England/Wales bridleways by
cyclists is a lesser right than that held by pedestrians and riders. It was
added relatively recently (before, cyclists were not allowed on bridleways
under common law) and is subject both to the 'give way to others' rule cited
but also is not quite universal as the right of access is a default right
from central government that can be overridden by regulations made locally
(although I have yet to find an example of this).
 
The reference is the Countryside Act (1968) §30:
 
"1. Any member of the public shall have, as a right of way, the right to
ride a bicycle, not being a mechanically propelled vehicle, on any
bridleway, but in exercising that right cyclists shall give way to
pedestrians and persons on horseback.
2. Subsection (1) above has effect subject to any orders made by a local
authority, and to any byelaws."
 
Nevertheless I would myself still tag as foot/horse/bicycle all 'designated'
as this is at least the default and the 'give way' rule does not remove the
cyclists' right (but how I wish that all bikes had bells and all cyclists
USED them!).
 
Mike Harris
 


  _____  

From: Jason Cunningham [mailto:jamicubat at googlemail.com] 
Sent: 15 August 2009 00:41
To: Nick Whitelegg; talk at openstreetmap.org
Subject: Re: [OSM-talk] Proliferation of path vs. footway



Agree here. UK bridleways for instance should have foot=designated;

horse=designated; bicycle=designated as all three have equal right. It
would be a mistake to assume the horse rights are greater than
foot/bicycle; they are not.

I would similarly guess the shared foot/cycleways in Germany would be
similar, i.e. foot=designated; bicycle=designated.

Nick


After looking at the British Ramblers Association website today it does not
appear cyclists have equal rights on Bridelways. This website give advice on
access rights to footpaths etc in the UK, and it says
"Pedal cyclists have a right to use bridleways, restricted byways and byways
open to all traffic, but on bridleways they must give way to walkers and
riders. Like horse riders, they have no right to use footpaths and if they
do so they are committing a trespass against the owner of the land, unless
use is by permission (see
<http://www.ramblers.org.uk/info/britain/footpathlaw/footpathlaw2.htm#trespa
ss> Q26). As with horse-riding (see
<http://www.ramblers.org.uk/info/britain/footpathlaw/footpathlaw.htm#horses>
Q10), use of any right of way by cyclists can be controlled by traffic
regulation orders and byelaws imposed by local authorities. Infringement of
byelaws or orders is a criminal offence. Under the Highways Act 1835, it is
an offence to ride a bicycle on the pavement at the side of a road, and
under the Fixed Penalty Offences Order 1999 a person who rides on a pavement
can be fined on the spot by a police officer."

Jason
jamicu <http://wiki.openstreetmap.org/wiki/User:Jamicu> 


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