Page 14

Cycling and the Law

Cycle lanes, paths and roads If there is a cycle track along a main road, am I obliged to use it as a cyclist? In the event of a collision, can motor insurers seek to reduce payments for compensation if they argue the cyclist had the option to use a cycle lane? Under the Highway Act (section 72), it is illegal to ride on the pavements, however, both this legislation and the Highway Code (rule 63), state that where there is a designated cycle lane, cyclists should ‘keep within the lane when practicable’. Use of cycle lanes is not compulsory and will depend on your experience and skills but they can make your journey safer.’ In the unreported case R. v Cadden (2006 Ct) the Court initially held that Mr Cadden contributed to the negligence by not using the designated cycle lane. However, the appeal court overturned this decision and held the verdict that it is not a legal requirement for cyclists to use cycle lanes but as above, it is dependent upon experience and skills. The prominent decision of the Courts is not a concrete precedent and was judged upon 14 www.eta.co.uk


Cycling and the Law
To see the actual publication please follow the link above