Is it illegal to ride your bicycle on the pavement?

Dramatic changes are being revealed in many town and cities throughout the UK and worldwide to make sure people can maintain social distancing as lockdown is eased. As leading Transport Planning Consultants, our Research Lab is often asked - is it illegal to ride bicycles on pavements?

There are a number of myths and misconceptions around what it is and isn’t legal, from whether bikes are allowed on pavements to whether it’s against the law for cyclists to ride in any other formation than single file.

In this research, we bust some myths and answer the question - is it illegal to ride a bicycle on the pavement?

Is there legislation for pavement cycling?

The simple answer to this is yes. Section 72 of the Highway Act 1835 prohibits ‘wilfully riding’ on footpaths, which refers to the path at the side of a carriageway hence, the interpretation is clear - it’s not legal for a cyclist to ride their bike on the pavement. The Highway Code also states: “You must not cycle on a pavement.”

The offence of riding a bike on the pavement is punishable by an on-the-spot fine, a fixed penalty notice of ￡30. This is charged under Schedule 3 and Section 51 of the Road Traffic Offenders Act 1988.

Are many cyclists fined for cycling on the pavement?

Generally speaking, only a very small number of cyclists are issued with a penalty for riding on the pavement in the UK. Most police officers, if they spot a cyclist breaking the law, would informally warn the person that what they’re doing is illegal and advise them to dismount or leave the pavement immediately.

However, repeat offenders or those who put pedestrians or others in danger could be fined or face legal action. In fact, Greater Manchester Police conducted a two-week crackdown on inconsiderate cycling behaviour in 2015. This involved handing out over 40 fines to cyclists who were caught ignoring red traffic lights, having no lights on their bike and riding on pavements.

There are also other laws that a cyclist using the pavement could fall foul of, such as careless or furious cycling. If you’re on your bike and you ride onto the pavement and collide with a pedestrian, or otherwise harm anyone or damage property, you could be prosecuted for careless cycling. The offence of furious cycling, one that dates back to 1861, is similar but involves the reckless and potentially dangerous speed of a cyclist. Cycling too quickly and injuring someone could lead to a two-year prison sentence, while careless cycling could result in a ￡1,000 or ￡2,500 fine.

Can a pedestrian start a personal injury claim against a cyclist?

Even if the police don’t commonly penalise those who cycle on the pavement, there’s another deterrent that both cyclists and pedestrians should be aware of. If a cyclist uses the pavement and injures a pedestrian, or causes damage to their property, distress or undue alarm, it could result in a personal injury compensation claim.

The pedestrian can seek compensation for pain and suffering, medical expenses, emotional or psychological distress and loss of earnings if they’re unable to work due to their injuries.

If a cyclist is proven to have broken the law and cycled on the pavement, as well as cycling carelessly or recklessly, it’s likely that they’ll be judged to be at fault. This can mean that the pedestrian’s compensation claim is successful and the cyclist is left facing the cost.

Why do people cycle on the pavement?

Many people view pavements as being for pedestrians only, which is why they get annoyed when they see cyclists using these public walkways. In many cases, cyclists use the pavement because they consider the road to be too dangerous. It may be that there’s an obstacle in the road that makes it temporarily hazardous for a cyclist to pass, or another feature of the road layout that makes a particular spot easier to travel through by diverting onto the pavement.

In other cases, cyclists simply choose to use pavements to save time, particularly where there is a very congested road and a reasonably wide pavement.

Another common reason for pavement cycling is where children are involved. Parents may not feel that it’s safe for children to cycle on busy or particularly hazardous roads - especially when there’s no cycle lane. Very young children may also be learning how to cycle, with training wheels on their very first bike. Of course, in the vast majority of cases, young children will not cause an obstruction or represent a danger to anyone when cycling on the pavement. Children under the age of 10 are also under the age of criminal responsibility, but it’s important to be aware that this age drops to eight years old for those cycling in Scotland.

Whatever the reason for biking on the pavement, it’s only legal in sections where it’s explicitly allowed. In all other cases, cycling on the pavement is forbidden, and the police are entitled to fine such behaviour according to the regulations of the respective country.

In early 2017, the Metropolitan Police of London took an unusual approach to this phenomenon, when they decided to find out what makes cyclists violate the ban. They stopped the offenders, but instead of fining them on the spot, they asked the cyclists why they chose to ride on the pavement. This initiative helped identify extremely dangerous road sections in London, where for example parents didn’t dare to ride with their kids.

Surprising findings: It’s actually not safer

Even though cyclists ride on the pavement mainly because they feel safer that way, lots of research contradicts this assumption. In 1998, Professor Lisa Aultman-Hall from the University of Vermont published a study featuring the testimonies and experience of 1,600 respondents living in Ottawa, Canada. Her research explored various aspects of the behaviour of cyclists in the city, and came up with an interesting finding: the number of cyclists who sustained an injury while riding on the pavement was four times higher than of those who got injured on the road. How is this possible?

There are several reasons, the main reason being that in most cases cyclists don’t get hurt as a result of a collision with another road user, but because of their own doing: they fail to control the bike, lose their balance, go into a skid, underestimate their speed, collide with an obstacle, overlook a drain… simply put, they fall down. Moreover, cyclists who often ride on the pavement don’t have enough experience to venture into regular traffic. Aultman-Hall says that they lack the ability to correctly estimate things and the healthy confidence to bike with cars, which is the best way to come to harm.

Tolerance first

Regardless of all the studies and regulations, cyclists will never disappear from pavements for good. But there’s a big difference between aggressive cyclists who mistake the pavement for a cycle path, and those who adjust their pace to pedestrians, and don’t hesitate to get off their bike if they encounter a bigger bunch of people.

“All in all, a solution to this situation would be mutual tolerance and respect to the law, encouraging people to respect legal standards,” says Dr Amer Halabi of iPRT Transport Planning, who thinks the best solution is prevention and raising public awareness. Another precaution that could be taken is related to cycling infrastructure: introducing separated lanes for cyclists that are isolated from other modes of transport, be it pedestrian or motorized traffic.

“However, the most important thing will always be mutual respect and consideration for others,” Dr Halabi concludes.