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Own the lane

December 21st, 2011 | Posted by wheeliefine in law - (0 Comments)

In my court case about cyclists’ right to use the lane like any other road user (occupying it, in the centre, when it would be dangerous for other vehicles to overtake), the prosecution has collapsed (it will ‘offer no evidence’) even before tomorrow’s hearing starts.

While this means we ‘win’ the case, it robs us of the chance to show publicly that the Road Users’ Code is out of line with modern thinking on this issue. And we had a very solid case. But at least now if anyone else is similarly charged, there is a legal defence ready to roll. Seriously – make a mental note and tell them to drop us a line, here at info@hkcyclingalliance.org

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Mandatory use of cycle tracks

September 8th, 2011 | Posted by wheeliefine in cycle tracks | law - (0 Comments)

Is it prohibited to cycle on a road if a cycle track is available?  Yes, and there are prosecutions for it.  In a test case, we might argue that a cycle track is NOT ‘a portion of a road’.

Road Traffic (Traffic Control) Regulations – Regulation 51, Additional rules for bicycles, tricycles and rickshaws

(5) Where a portion of a road is set aside for bicycles or tricycles no person shall ride a bicycle or a tricycle on any other portion of the road.

A TV API (c2009) told cyclists they must use a cycle path [if there is one].  Tone was negative: ‘you cyclists have to be controlled’.

Compare UK, where the Highway Code says that “Use of cycle lanes is not compulsory and will depend on your experience and skills, but they can make your journey safer.”

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