LTN 2/04 - Adjacent and Shared Use Facilities for Pedestrians and Cyclists

10. Other Issues

10.1 Legal status

10.1.1 Where the need for cyclists to use existing footways or footpaths has been identified at a specific location, their right to be there must be established by changing the legal status of the footway or footpath to that of a cycle track.

10.1.2 An adjacent or shared use route can be provided by converting all or part of the width of a footway/footpath to a cycle track, or through construction of a new highway. Where the facility is an adjacent use one, i.e. segregated, only part of the width is cycle track - the remainder is a footway or footpath. It is illegal for a cyclist to ride on the pedestrian side, but the cycle track will normally retain a right of way for people on foot. A shared use facility is unsegregated and the full width of the route will have been converted to a cycle track on which there is a continued right of way on foot. Legal definitions of the rights of way on which pedestrians and cyclists may often share a common surface are included in Annex B.

10.1.3 When only part of the width of a footway/footpath has been converted to a cycle track, it should be clearly marked and signed, and no impression should be given that it is acceptable to cycle on the pedestrian side. This may need to be reinforced by local publicity and enforcement action.

10.1.4 Guidance on the appropriate statutory procedures for conversion of footways and footpaths (including footbridges and subways) to enable cycle use is given in Annex B. It is not possible to give guidance in this document on those situations where the legal status of the right of way is unclear. This is because much will depend on individual circumstances, including the manner in which the path was originally created. Where the position is not clear, it is recommended that legal advice be sought locally and included as part of the site record report suggested in Chapter 4.

10.1.5 To convert all or part of a footway to cycle track, all or the appropriate part of the footway must be removed under section 66(4) of the Highways Act 1980, and a cycle track 'constructed' under section 65(1) of the act. No physical construction is necessary but there needs to be clear evidence that the local highway authority has exercised these powers. This can be provided by a resolution of the appropriate committee.

10.1.6 To convert all or part of a footpath to a cycle track, a footpath conversion order is made under section 3 of the Cycle Tracks Act 1984 and the Cycle Tracks Act Regulations 1984 (SI 1984/1431). Detailed advice on the conversion of footpaths is contained in Circular Roads 1/86 (Welsh Office Circular 3/86).

10.1.7 Where a route for cyclists is needed over a footpath on private land, the use of 'permissive rights' may provide the only way of creating a route for cyclists if the landowner is unwilling to allow a conversion under the Cycle Tracks Act. However, local authorities should first use their best efforts to convert the footpath under the Cycle Tracks Act procedures before resorting to permissive rights.

10.1.8 The Department does not encourage the use of permissive rights and would recommend against their being used on any local authority owned footpaths or where the footpath is maintained at the public expense. In particular, they should not be used to avoid the need for a Cycle Tracks Order.

10.1.9 If permissive rights have to be used, it is strongly recommended that in all cases an extensive consultation exercise is carried out (as would happen in the case of a conversion carried out under the Cycle Tracks Act). Where permissive rights are used the status of the highway as a footpath is not changed and a cycle track is not created.

10.2 Enforcement

10.2.1 A considerable amount of public concern is generated by cyclists misusing footways and footpaths, particularly where badly planned or designed facilities encourage such behaviour.

10.2.2 Cycling on the footway in England and Wales is an offence under Section 72 of the Highways Act 1835 as amended by Section 85(1) of the Local Government Act 1888. Riding on footpaths, although unlawful, is not an offence unless specifically prohibited by a Traffic Regulation Order under section 1 or 6 of the Road Traffic Regulation Act 1984, or by a local bylaw. Remedies may be available through the civil courts. It should be noted that neither section 72 of the Highways Act 1835 (as amended by section 85(1) of the Local Government Act 1888) nor the fixed penalty notice system is applicable to cycling on footpaths.

10.2.3 Enforcement is a matter for the Police. Section 34 of the Road Traffic Act 1988 makes it an offence for any one without lawful authority to drive or park a motor vehicle on a cycle track. The penalty for this offence is a fine not more than level three on the standard scale.

10.2.4 In August 1999, the Home Office extended the fixed penalty notice system to cover the offence of cycling on the footway. The choice of issuing a fixed penalty notice, a prosecution, or a warning is a matter for the police. Fixed penalty notices cannot be issued to children under the age of 16.

10.2.5 In local authority parks, enforcement is a matter for the Police and the local authority. Enforcement against illegal cycling in Royal Parks is a matter for the Royal Parks Police.

10.3 Legal status of various transport devices

10.3.1 Some of the following devices are powered but not all such vehicles are classed as motor vehicles for the purposes of Road Traffic Legislation. Any device classed as a motor vehicle can only be legally operated by someone in possession of a driver's licence, road tax, and insurance. These vehicles also have to be registered and must be fitted with a registration plate or plates. Motor vehicles cannot normally be used on footways, footpaths, or cycle tracks.

Manual/electric wheelchairs and mobility scooters

10.3.2 These are categorised as invalid carriages and are broken down into three categories:

• Class 1 - Manual, self propelled or attendant propelled wheelchairs.
• Class 2 - Powered wheelchairs and mobility scooters for footway use only, with a maximum speed of 4 mph.
• Class 3 - Powered wheelchairs and mobility scooters with a maximum speed of 8 mph for use on roads. When used on footways they must not exceed 4 mph and be fitted with a converter which prevents that speed being exceeded.

10.3.3 An invalid carriage can be used on footways, footpaths, bridleways or pedestrianised areas providing that it is used in accordance with the prescribed requirements. Invalid carriages have no specific right to use a cycle track but users commit no offence in doing so, unless an order or local bye-law exists creating one. Powered invalid carriages are not classed as motor vehicles for the purposes of Road Traffic Legislation (Road Traffic Act 1999, section 185(1)). As Class 3 carriages can be used on the road, care should be taken when preparing the wording of a Traffic Regulation Order for cycle lanes so that these vehicles are not inadvertently banned from using them.

Electrically assisted pedal cycles (EAPCs)

10.3.4 These come under the 1983 EAPC regulations and provided they comply with them, they can legally be used where ordinary pedal cycles can. EAPCs can only be ridden by someone of 14 years or more. They are not classed as motor vehicles for the purposes of Road Traffic Legislation. The requirements for a conventional (single-seat) assisted bicycle are that it:

• has a motor not capable of exceeding 200w continuous output;
• weighs not more than 40kg unladen;
• has pedals which can propel the machine; and
• has a motor which does not apply power above 15 mph.

10.3.5 If the machine is a tricycle, the above applies except that the motor can deliver up to 250w continuous output and the unladen weight limit increases to 60kg. If problems emerge with EAPCs, they can be excluded from a cycle track through a Traffic Regulation Order under section 1 or 6 of the Road Traffic Regulation Act 1984.

Other powered vehicles

10.3.6 Apart from cars and motorcycles etc, examples include golf buggies, the segway human transporter, and any powered scooters or bikes that do not comply with the EAPC regulations. They are all classed as motor vehicles for the purposes of Road Traffic Legislation. Their use is therefore prohibited on footways, footpaths and cycle tracks.

Unpowered scooters and skateboards

10.3.7 The Department's view is that these are capable of being classed as vehicles (but not motor vehicles). As such, they cannot legally be used on footpaths, footways or cycle tracks as they have no right of way, but enforcement is not generally a practicable proposition. That said, local bye-laws can be created banning them.

Roller blades/skates

10.3.8 It has not been established in case law whether these are classed as vehicles or not. If they are, they cannot legally be used on footways, footpaths or cycle tracks. In any event, and as with unpowered scooters and skateboards, enforcement is not generally a practicable proposition although local bye-laws can be created banning them.

10.4 Post implementation

10.4.1 Once implemented, the performance of an adjacent or shared use facility and any alternative routes should be monitored, particularly as local authorities are required to establish targets and performance against these targets within their Local Transport Plans.

10.4.2 If certain features of the facility are causing problems for users or local residents, or found to be unacceptable during the safety auditing process, prompt action should be taken to remedy the deficiencies. A bye-law could be created banning certain categories such as skate boards etc, if this is where the difficulty lies but enforcement then becomes an issue. Alternatively, action may range from minor modifications (e.g. the addition of signs and markings), through major planning alterations (e.g. substantial widening of the path or relocation of the route), to abandonment of cycle use.

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