Roads Were Not Built For Cars

American and British cyclists of the 1890s saved roads for ALL users

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Roads Were Not Built For Cars

Road rights

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March 24, 2013 by carltonreid

When CTC championed separation, 1975


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All Change to Bikes, 1975 - click to enlarge

All Change to Bikes, 1975 – click to enlarge

The oil crisis of 1973 sent shockwaves around the world. Use of cars dropped; use of bicycles rose. Bicycle sales almost doubled, with adult bicycles being the biggest sellers, despite all the hype over the Raleigh Chopper. In the Netherlands, recognition that reliance on Middle Eastern oil was not sustainable resulted in a metric ton of cycleways to make an already bike-mad nation into an even bikier one. In the UK there was the same desire for change, the same desire to seize the moment and reign back the car. As we all know, not a lot changed.

But it wasn’t for the want of trying. All Change to Bikes was an umbrella initiative aimed at getting UK planners and politicians to see what their counterparts in the Netherlands had seen. The organisations signed up to the joint aims of All Change to Bikes included CTC, the Council for the Protection of Rural England, the Civic Trust, Friends of the Earth, the trade and industry’s British Cycling Bureau, and the British Cycling Federation, and others.

The aims included the desire to “reallocate existing road space to create priority routes by local authorities for cyclists and pedestrians” and there should be a “network of priority routes linking all destinations (e.g. schools, shops, offices, factories and places of entertainment) and access to the countryside.”

Some people may be surprised to find CTC on that list of subscribing bodies. There’s a belief in some quarters that CTC has always opposed any form of “segregation” of bicycles from motor traffic. This is not wholly the case and CTC’s policy documents demonstrate the actual official views. As I’ve shown here, in the 1930s CTC officials said they would be in favour of segregated routes if the routes so to be provided were of high enough quality (they never were, and even the designers agreed on that score). In the 1940s and 1950s, with little provision of cycle infrastructure mooted, CTC didn’t have to offer up much resistance although by 1955 the organisation had softened its stance on separation. In the 1960s and 1970s, Stevenage’s Dutch-style cycleways system – discussed at great length here – changed the CTC’s mind on segregation. Policy document after policy document show that the CTC actively welcomed and applauded the cycleways work done by Eric Claxton, chief designer of this New Town.

CTC urged other towns and cities to follow suit. Peterborough, Cambridge, Nottingham and Portsmouth trialled some Claxton-style cycleways, but not enough were put in place to make much difference. While CTC was very much in favour of cycleways it remained opposed to ‘cycle tracks’: these are the same “crap” facilities campaigners call foul on today.

This and an awful lot more will be in Roads Were Not Built For Cars, available in this Kickstarter campaign

Even if you don’t plan to buy a book, or Kindle or iPad version, do watch the video below. My Kickstarter stats tell me that half of the video viewers don’t make it through the whole way. That’s a shame: they’ll have missed me riding around an office on an 1890s bicycle in front of a bunch of bemused architects. You’ll have to watch the vid to find out why.

Posted in 1930s, 1970s, CTC history, Road rights · Leave a Reply ·

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February 1, 2013 by carltonreid

“The remarkable manner in which new roads create new traffic”: a history of induced demand

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Sir Charles Bressey

Sir Charles Bressey, 1937: “remarkable manner in which new roads create new traffic.”

Transport academics tend to credit the discovery of ‘induced demand in transport’ to J.J. Leeming, a British road-traffic engineer and county surveyor, writing in 1969. He observed that the more roads are built, the more traffic there is to fill these roads. The idea was conceived shortly after German mathematician Dietrich Braess released the Braess’s paradox which shows that “selfish” motorists can’t be relied upon to consider the optimal travel times for all rather than just themselves, leading to delays for all. These ideas were further expanded in the Lewis–Mogridge Position of 1990 and the Downs–Thomson paradox of 1992.

The idea that building more roads leads to more congestion was used by anti-roads campaigners from the 1970s on to combat the futility of road building, and it became an orthodox position – briefly – following advice to Government from the Standing Advisory Committee on Trunk Road Assessment study of 1994. Margaret Thatcher’s road building programme – “the biggest since the Romans” – was halted. (Despite “austerity” it’s back again).

Campaigners have a pithy phrase to describe induced demand:

“Building more roads to prevent congestion is like a fat man loosening his belt to prevent obesity.”

Neat, but not neat enough to prevent today’s road building programme. New roads are being built and these new roads will quickly fill with traffic, leading to calls for yet more roads to be built. And so it goes on.

But induced demand was known about long before 1969. Sir Charles Bressey’s Highway Development Survey for London, published in 1937, contained the first inklings of the idea. In his report – penned with the great architect, Sir Edward Lutyens – Bressey wrote:

“As a typical instance may be quoted the new Great West Road which parallels and relieves the old Brentford High Street route. According to the Ministry’s traffic census extracts…the new route as soon as it was opened carried four and a half times more vehicles than the old route was carrying. No diminution, however, occurred in the flow of traffic along the old route and from that day to this the number of vehicles on both routes has steadily increased…These figures serve to exemplify the remarkable manner in which new roads create new traffic.”

Bressey’s solution? More roads, of course.

In an article about the Bressey Report in the Illustrated London News in 1938, an illustrator imagined what London would look like if Bressey and Lutyens had their way, including this not altogether desirable plan for a car park on Trafalgar Square:

trafalgarsquarenightmare

The clipped, patriarchal tones of Bressey’s voice, and his stiff bearing, can be enjoyed in the period film below. It was shot in 1939 for the Post Office, hence the middle portion featuring the GPO’s incredible private underground network in London. Bressey is shown in his office, complaining that Sir Christopher Wren was constrained by the forces of “conservatism” for not being allowed to carry out his plan of giving London a series of wide boulevards following the Great Fire of 1666.

Sir Christopher Wren's post-1666 map of London. Despite claims from Wren and his son, the plan was never seriously considered. For a start it was topographically impossible. Click for huge version.

1744 copy of Sir Christopher Wren’s post-1666 map of London. Despite claims from Wren, and his son, the plan was never seriously considered. For a start it was topographically impossible. Click for huge version.

Wren griped:

“Its ‘Practicability… without Loss to any Man, or Infringement of any Property, was…demonstrated, and all material Objections fully weigh’d and answered. Yet nothing was effected because of ‘the obstinate Adverseness of a great Part of the Citizens to alter their old Properties, and to recede from building their houses again on their old Ground and Foundations; as also the distrust in many, and Unwillingness to give up their Properties, tho’ for a Time only, in to the Hands of publick Trustees, or Commissioner, til they might be dispens’d to them again, with more Advantage to themselves, than otherwise was possible to be effected…”

In the film, when Bressey complains about London’s “narrow, medieval streets” the camera pans over a succession of very wide London streets, rather negating the voiceover. [The chipper, modern-sounding voiceover is of Herbert Hodge, the London cabbie who helped popularise 'estuary English'].

INDUCED DEMAND
And here are some more choice quotes from magazines, authors and politicians regarding what they felt were pressing transport matters.

“The majority of the public today relies for transport of every kind mainly on the roads, and everything goes to show that they are doing so to an unprecedented degree… People travel now more than they have ever travelled, and in the future they will travel still more. If they want more roads to travel by, you may be sure that they will get them, for in the last analysis nothing can stop the development of the road.”
R.M.C. Anderson, The Roads of England, 1932

“A motorist is apt to complain of the ‘overcrowded’ condition of the road if he finds he has not continually got a whole mile-long stretch of it to himself, but is one of a widely spaced and rapidly moving queue of half a dozen or so. He will declare there is no pleasure in motoring under such conditions. He will search his map for some alternative route by quiet lanes where he can speed along with the road to himself. And when others find that alternative route and all further alternatives are exhausted, he proceeds to demand a new road system so that his motoring may again become a pleasure.”
Thomas Sharp, Town and Countryside, 1932

“The bicycle’s popularity complicates traffic control throughout Europe.”
The Rotarian, Chicago, August 1936

“I think in the past we have followed in vain the futile policy of trying to make traffic fit the roads, and we cannot hope to see things better until we make up our minds to fit the roads for the traffic. Increase in road traffic is an enemy which grows more formidable every day. I would suggest that it is dangerous to delay matters further, and I do hope the Minister of Transport will consider acting on the Bressey Report as soon as is reasonably possible.”
Lord Teynam, June 1938

Posted in 1930s, 1940s, 1980s, Road rights · 9 Replies ·

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January 29, 2013 by carltonreid

What will ‘Get Britain Cycling’? Can history teach us anything?

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Presumed liability won’t Get Britain Cycling. Cycle training won’t Get Britain Cycling. Separated cycle tracks won’t Get Britain Cycling. Subjective safety won’t Get Britain Cycling. Health messages won’t Get Britain Cycling. Better cycle security won’t Get Britain Cycling. ‘Go Dutch’ campaigns won’t Get Britain Cycling. 20mph zones won’t Get Britain Cycling. Taming cars won’t Get Britain Cycling. High-level political support for cycling won’t Get Britain Cycling. Millions more cash for cycling won’t Get Britain Cycling.

It’s a mix of all of the above, and more. Much more. There’s no simple solution. It’s not just about infrastructure. If it were, Stevenage would be a hot-bed of cycling in the UK. It’s not just about looking at what’s been done in New York, Groningen, Seville, Copenhagen and Chicago. We need to learn from those cities, for sure, but there’s no one-size-fits-all template that works for all cities. And cycling isn’t just about cities. We also need to tame the car in the countryside, too. None of this will be easy, we’re up against more than 100 years of planning for the car. And, let’s face it, the majority of people are glad there’s been this 100 years of planning for the car. People may not be happy to be stuck in their cars but even when given a gold-plated alternative, they may not use it. Inertia is like that.

On the first day of the ‘Get Britain Cycling’ inquiry I said that there was a huge untapped demand for cycling in this country. Let me qualify that. By ‘huge untapped demand’ I didn’t mean ‘millions of people will flock to cycling if only we stopped pandering to the car.’ Even if some dictator banned all cars, tomorrow, that wouldn’t turn millions of people into users of bicycles overnight. The bicycle is one way to get about – a clean, green, fast way to get about – but it’s not the only non-car mode of transport and focussing solely on the – admittedly-wonderful – bicycle doesn’t win us friends in high-places.

When transport minister Leslie Hore-Belisha said, in 1934, that cyclists were “hysterical prima donnas”, he was voicing a concern that resonates with many politicians to this day.

reesjeffreystranscriptI enjoyed giving evidence to the ‘Get Britain Cycling’ inquiry, especially as I’ve read so many transcripts from other parliamentary enquiries, from the pro-roads evidence given by John Loudon McAdam in the 1820s and 1830s through to pro-roads evidence given by cycle-motorist William Rees-Jeffreys in 1903 and then through into the modern era, with some mighty fine pro-cycling words said by politicians in 1997, that led exactly nowhere.

The evidence I gave to the ‘Get Britain Cycling’ inquiry has been said many times before. The evidence others gave has been said many times before, and what will be said tomorrow and over the next five weeks has been all given before (heck, back in 1938 the Automobile Association was trying to influence parliamentarians about the sort of wide bike paths and cycle underpasses that weren’t installed in the Netherlands until the 1970s and 1980s). Really, there’s nothing new under the sun. Thing is, words are easy to say, it’s action that counts. Will Professor Goodwin’s Get Britain Cycling report lead to action? I hope it does, but I’m not holding my breath.

It will be far easier for local and national politicians to carry on pandering to the motorised majority (even if, in some locations those who own cars are not in the majority).

The pix decorating this article were taken when I was in Washington D.C., mooching through the U.S. National Archives. The ‘Study the past’ statue, erected in 1935, has a partner: ‘What’s past is prologue’. This is a quote from Shakespeare’s The Tempest and means that history influences, and sets the context for, the present day.

Such themes are popular with historians and thinkers. Naturally, Confucious got there early: “Study the past if you would define the future.”

Personally, I prefer:

The past is behind, learn from it.
The future is ahead, prepare for it.
The present is here, live it.
Thomas S. Monson

Posted in 1930s, Road rights · 2 Replies ·

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January 28, 2013 by carltonreid

Ministry of Transport started one so why doesn’t Britain have a Dutch-style bike path network?

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1930s 'cycle tracks' on both sides of the Great West Road in London.

1930s ‘cycle tracks’ on both sides of the Great West Road in London.

If the Second World War hadn’t intervened, Britain might now have a dense network of Dutch-style segregated bike paths. Or, at least, such a segregated network was the ardent desire of motoring organisations, leading police officers, the Ministry of Transport, county council officials and the majority of other witnesses who gave evidence to an influential parliamentary committee in 1938. Powerful representatives of Britain’s two million motorists wanted to drive faster, and Britain’s 12 million cyclists were in the way. Cyclists ought to be compelled to use bike paths when provided, argued organisations other than cycling ones.

The first bike path in England was built in 1934, a two and a quarter mile stretch of uneven concrete from Hangar Lane to Greenford Road in Ealing, London, kept separate from, but adjoining, Western Avenue. A cinema news snippet from British Pathé said the Western Avenue cycle track was “a new safety innovation” and that “motorist users of the road will be equally appreciative of this new boon.” A large crowd witnessed Leslie Hore-Belisha, the new Minister of Transport, cutting the ribbon officially opening the experimental “cycling track.” (The dedicated track disappeared years ago and cyclists, where provided for at all on this stretch of the A40, are expected to share the slim footway with pedestrians).

At the opening, Hore-Belisha said the cycle track, created at the behest of the previous Minister of Transport, was for the “comfort and safety” of cyclists. Hore-Belisha was no fan of cycling: he believed cyclists were “the most dangerous people on the roads today” and, in parliament, when Viscountess Astor asked whether a “system could be devised to prohibit pedal cycling in very crowded areas?” he answered “I quite appreciate her humanity of view.” Opposition to the Western Avenue path came from both the Cyclists’ Touring Club and the National Cyclists’ Union, forerunner to the British Cycling Federation. The Perils of the Cycle Path, a CTC leaflet from 1935, made it plain that cyclists did not want to be fobbed off with sub-standard bike paths and feared being compelled to use them. Hore-Belisha described cyclists as “hysterical prima donnas.”

Lord Newton described cyclists as “the chartered libertines of the road” because “they are not taxed, they are not registered, they are not numbered and…they are not even obliged to ride on the tracks which are specially provided for them.”

These “specially provided tracks” were a poor substitute for the roads cyclists were used to riding on. Even one of the designers wasn’t a fan. Eric Claxton, then a junior engineer in the Ministry of Transport, was an everyday, practical cyclist not a racing or touring cyclist. In 1992 he said the cycle tracks he worked on in London were sub-standard. “As a cyclist they gave me no satisfaction,” he admitted.

“They were too narrow. They were made of concrete and suffered from either cracking or construction joints. They provided protection where the carriageway was safe but discharged the cyclists into the maelstrom of main traffic where the system was most dangerous. For me worst of all the tracks were uni-directional either side of the dual carriageways; thus if for any reason one needed to retrace one’s way, one was compelled to run the gauntlet of crossing the streams of traffic on both carriageways to return on the far side – woe betide the person who left money, keys, books, tools or even lunch behind.”

But it wasn’t just cyclists who thought the 8ft6in wide path on Western Avenue disjointed and bumpy. The AA, the RAC, the police, and many others, also said the experimental bike path was poorly executed. Better ones should be provided, were “segregation” to be compelled by law, the Alness parliamentary committee was told and when the Alness report was published one of the chief recommendations was that cyclists should be provided with wide, well-surfaced cycle tracks, separated from fast-moving motor vehicles.

Fougasse360Despite CTC and NCU opposition to the uneven Western Avenue cycle track, often crowded with pedestrians, the Ministry of Transport ordered more cycle tracks to be built in the five years that followed. By 1938 forty-five miles of new arterial roads had bike paths running beside them, with a further sixty-eight miles “under construction.” England’s bike path network was growing and, with 60 percent Ministry of Transport funding, likely to grow further. The Alness report recommended that building of a fully segregated transport network should be accelerated, with cyclists and pedestrians given protected slices of the newly minted highways. This protection was mooted in order to reduce the startlingly high death-toll on the roads. A death toll that JS Dean, chair of the Pedestrians’ Association, later described as ‘Murder Most Foul’. The House of Lords committee, chaired by Lord Alness, published its findings in March 1939; in September war was declared. The construction of a national network of ‘cycle tracks’ was halted.

Lord Alness

Lord Alness

Post-war austerity prevented the resurrection of the plans. Not that there was much to resurrect. Bike paths built in the early 1930s – like many of those of today – were often poorly surfaced, used also by pedestrians, didn’t form a usable network and cyclists had to give way frequently, interruptions that increased as more and more housing and industrial developments took place beside the new arterial roads. Expensive clover-leaf intersections for motorists could be designed and budgeted for but similar intersections for cyclists would be “impossible” or “too costly”, town planners told the six peers on the Alness select committee. (The AA submitted plans to the Alness committee which had underpasses and other bike path features the like of which only started to become commonplace in the Netherlands from the 1970s). In evidence given to the committee, witness after witness – from surveyors to arch motorists – attested to the dire nature of England’s experimental bike paths but, apart from cyclist witnesses, most wanted cyclists to be forced to use the paths.

The peers on the committee – the Earls of Iddesleigh and Birkenhead, and Lord Brocket, Lord Rushcliffe, Lord Addison and Lord Alness – made frequent mentions of their love of motoring when questioning witnesses, a bias not lost on interested parties. In a parliamentary debate welcoming the Alness report Lord Sandhurst said:

“…the editor of Cycling finds it necessary to invent a new body of your Lordships’ House, which he calls the Peers Road Council. Having invented it, he then elects four members of the Select Committee to it — the noble Lords, Lord Reading, Lord Iddesleigh, Lord Birkenhead, and Lord Brocket — and then, having described them as keen motorists, he says, “Let us see what this Committee recommends for cyclists.” What is the idea? Obviously they are trying to get at their not too well educated public and suggest that this is such a biased Committee that no attention need be paid to their recommendations.”

The motoring bias of the report is obvious today as it was obvious then. Motoring organisations and motoring magazines were very much in favour of almost all of the 281 recommendations in the Alness report. In April 1939 an editorial in Commercial Motor described the report as “the finest of its sort that has ever appeared” and liked its victim-blaming approach:

“The case for the fair-minded motor driver has been put forward admirably. There is little need to read between the lines to appreciate that the Committee is fully aware how the good driver is constantly “nursing” the careless pedestrian and, often, the cyclist….Exception is taken to “a popular fallacy . . that the motor driver, being in control of ‘what is sometimes termed a lethal weapon, is usually to blame when an accident occurs.” This is a destructive attitude, whilst the Report throughout is constructive. Its compilers obviously realize that progress, represented by fast road transport, is desirable, that the change of conditions following in its train must be accepted, that the mode of life of the people must be modified in accordance and adapted to the new conditions, and not that progress should be checked in order that that mode of life may remain unaltered.”

As can be seen in the 662-page transcript of the evidence given to the committee (see below), there was palpable excitement from the peers at the prospect of German-style autobahns being built in Britain – free of cyclists, pedestrians and animals – and frustration when cyclist and pedestrian groups said they weren’t too keen on ordinary roads being made into “race tracks for motors”. Lord Brocket didn’t fancy being forced to drive at a certain speed: “I drive a lot and I must admit that I regard the speed [limiting] device as being very dangerous.”

Lord Alness asked almost every witness about England’s “experimental” bike paths, especially ones beside London roads he knew well, the Western Avenue and the Great West Road.

London’s Great West Road was built, in stages, from 1920 and between 1936 and 1937 stretches were made into a dual carriageway, with two 23-foot carriageways and a 9-foot ‘cycle track’ at the edges, both sides of the road. According to the Ministry of Transport only half of the cyclists on the Great West Road used the cycle track. Why? The track was “inferior”, said the police. The surface was poor and many pedestrians used both the footway and the cycle path.

Chertsey Road, Twickenham, c.1930?

The Ministry of Transport had specified that the minimum width of a cycle track should be 9ft. Planners routinely ignored this and, when road widenings took place, they nibbled away at the space given over to cyclists and pedestrians. Wide, well-surfaced bike paths – such as the one above, beside Chertsey Road, a bypass of Twickenham or this concrete 1930s bike path at Neville’s Cross, near Durham – were usually narrowed to make more room for motor vehicles. This was despite the fact there were many more cyclists than motorists on Britain’s roads at the time. Cycling was booming. Six million more people had taken to riding bikes since 1928. This fact “staggered” Lord Alness. Cyclists were largely “proletarian”, said one Lord in the debate launching the Alness report of 1939, and were not deemed to be as valuable to the economy – or the war effort – as motorists. (In the 1930s the motor industry was especially cosseted because it was expected that car production would be shifted to military vehicle production; bicycle factories, such as the Raleigh plant, were also converted for armaments production but Sturmey Archer gears couldn’t power tanks. And, roads, unlike the railways, couldn’t be brought to a standstill by powerful unions).

In evidence given to the Alness committee, the Cyclists’ Touring Club stressed that its main objection was to the quality of bike paths and not just the principle of being able to continue riding on the carriageway, the hard-won right of cyclists since 1888. The CTC feared that legislation would be brought in that would make it compulsory to use cycle paths even before a useable network of cycle paths had been built, and that going by the poor provision of paths in the previous five years, there was little likelihood that the paths of the future would be of a decent quality.

George Herbert Stancer, secretary of the CTC, said:

“If the paths are by any miracle to be made of such width and quality as to be equal to our present road system, it would not be necessary to pass any laws to compel cyclists to use them; the cyclists would use them.”

The Earl of Iddesleigh asked: “You think that the cyclist is being offered an inferior article?”

Stancer was certain of it: “A very much inferior article, my Lord.”

Later, the Marquess of Reading said “we are endeavouring not to oppress but to protect [cyclists].”

Preston By-pass, Britain's first motorway.

Preston By-pass, Britain’s first motorway.

The Alness Report was published in March 1939. It was heavily biased towards motorists. The report made 231 recommendations, including that children of ten and under should be banned from public cycling, and that segregation on the roads should be carried out with utmost urgency. Cyclists, said the report, should get high-quality wide cycle tracks and that, once built, cyclists should be forced to use them. Pedestrians were also to be corralled and fined for daring to cross the road at points other than designated crossing points. Motorists, decided the motoring Lords, should be treated with a light touch by the law and should be provided with motorways and many more trunk roads. “Courtesy cops” would make sure motorists acted like gentlemen rather than cads.

Then war intervened. The Alness report – derided by a Labour MP as a “tale of deaths and manglings…and extraordinary conclusions” – was moth-balled. After the war a House of Commons select committee dusted it down. In a parliamentary discussion of the dusted-down report Lord Sandhurst remarked:

“One of the bugbears of cycle tracks in this country, and one of the things that keep cyclists off them, is that tracks are continually crossing drives into houses. The track suddenly dips, almost bumping the cyclist out of his seat; then it rises on the other side, and throws him into the air. When the Swedes come across a thing like that, they take the cycle track, away from the road altogether, to the back of the house. When they come to a steep hill they run the cycle track round it, and do not ask the cyclist to sweat and push his way to the top.”

Many of the Alness report recommendations were taken forward, especially the pro-motoring bits, but, for a while at least, there would be no new roads and certainly no provision of bike paths. Post-war austerity killed off putative plans for a national network of cycle tracks. But while there would be no building of bike paths, post-war politicians were still urged to get cyclists off the roads “for their own safety”, even though cyclists were still by far the most numerous actors on the roads, probably because cyclists were the most numerous actors on the roads. Faced with calls to take action, politicians did what they often do best: they did nothing. Cyclists, en masse, were still a force to be reckoned with. It was easy for politicians to pick a fight with the CTC or NCU, these organisations were tiny compared to the rich motoring organisations, but to impose restrictions on all of the country’s 12 million cyclists would have been folly. (One of the witnesses to the select committee said as much: “[Cyclists] ought to be forced to use [tracks]. The only reason they escape is because there are so many of them. There is a vague idea on the part of Governments that they would lose the cyclists’ vote,” claimed Lord Newton who repeated the claim when the report was published: “[cyclists] form a very formidable body, of which all Party politicians are very much afraid. That is the sole reason why they have not been regulated up to now, and I hope sincerely that that state of things will come to an end.”)

By not banning cyclists from the road, as so many organisations demanded, politicians avoided antagonising cyclists. By building faster roads with no cycle facilities on them it was motors which did the antagonising, not politicians. 1949 was to be the peak year for cycling in Britain. In the 1950s the increasing numbers of motor cars slowly forced cyclists off many roads, and not just the arterial ones.

Motorways – roads long championed by the CTC as a means of removing fast-moving traffic from the ordinary roads of Britain – started to be built at the end of the 1950s but it was well into the 1960s before motorway-mania took hold, with many trunk roads also being built or old roads widened, straightened and made less friendly for cyclists. None of the new arterial roads had cycle paths built beside them.

Cyclists' & pedestrians' Tyne Tunnel

While cyclists were largely forgotten by town planners in the 1950s there were exceptions: new towns Stevenage, Harlow and Milton Keynes were veined with bike paths. (Stony Stratford, just north of what would become the new town of Milton Keynes, was one of the other locations where bike paths were first trialled. A one mile cycle track had been laid on the Stony Stratford to Wolverton Road in 1934-5, it’s now a footpath.) Workers who lived in Jarrow and Wallsend were provided with the Tyne Pedestrian and Cyclist Tunnels, a wonderful piece of capital-intensive, protected infrastructure, still in use today. The tunnel was opened in 1951, sixteen years before the motor vehicle tunnel. At its peak, 20,000 cyclists and pedestrians used the tunnel each day.

Elsewhere in the UK, provision for cyclists was non-existent. Writing in 1958, Professor Sir Colin Buchanan, one of Britain’s key town planners and traffic engineers, said:

“The meagre efforts made to separate cyclists from motor traffic have failed, tracks are inadequate, the problem of treating them at junctions and intersections is completely unsolved, and the attitude of the cyclists themselves to these admittedly unsatisfactory tracks has not been as helpful as it might have been.”

Some bicycle advocates have suggested it was opposition of cycling organisations to the cycle path experiments of the 1930s that prevented national take-up of these paths. If only CTC and the NCU had supported the Western Avenue experiment, a Dutch-style cycle network might have later evolved, is the claim. In actual fact, cycling organisations had little to do with the failure of the bike path network. Ordinary cyclists didn’t use the paths because they weren’t very good paths, and post-war austerity meant no new paths were built, nor were existing ones improved to the standard that CTC and NCU said would be required. As well as the lack of investment from local and national Government there was also a lack of willingness to provide for anything other than motor-cars: post-war politicians and planners were deeply dismissive of cycling, blinded by the economic potential of mass motoring. Cycling, it was felt, was outmoded, not suited for the modern era, a motor era. And the great British public seemed to agree: people wanted to own and drive cars.

The highly-influential Traffic in Towns report of 1963 – the report by Professor Buchanan which town planners used to create urban motorways and pedestrian zones separated from motor traffic – mentioned cyclists only in passing, and clearly believed, desired even, that urban cycling would soon wither to nothing:

“We also considered the question of cyclists. Although in the mode of travel diagram for the year 2010 there is an allocation of movements to pedal cycles, it must be admitted that it is a moot point how many cyclists there will be in 2010…[This] does affect the kind of roads to be provided. On this point we have no doubt at all that cyclists should not be admitted to primary networks, for obvious reasons of safety and the free flow of vehicular traffic. It would make the design of these roads far too complicated to build ‘cycle tracks’ into them, nor would this be likely to provide routes convenient for cyclists in any case. It would be very expensive, and probably impracticable, to build a completely separate system of tracks for cyclists.”

Post-war austerity froze many of the recommendations in the Alness report of 1939, including the provision of bike paths, but post-war austerity couldn’t be blamed for the total lack of interest in bike paths in the 1950s and beyond. Mass motoring was the real culprit. Buchanan’s Traffic in Towns wasn’t just influential in Britain. In the Netherlands – a country with a strong history of cycling, where national identity was tied up with cycling – the Buchanan report (commissioned by transport minister Ernest Marples, a touring cyclist and CTC member) inspired town planners to reign back the car in residential streets. While in the UK Buchanan’s ideas were used to construct flyovers, in the Netherlands he inspired ‘residential yards’, the famous ‘woonerf’ of Niek De Boer, professor of urban planning at Delft University of Technology and the University of Emmen. Traffic engineers in the Netherlands tamed the car (and improved the bike path network); traffic engineers in the UK designed only for the car.

+++++++++++

alnessreport
EVIDENCE GIVEN TO THE ALNESS COMMITTEE, 1938

The long and detailed evidence below is but just short extracts from far longer witness statements contained in a 662-page appendix to the Report by the Select Committee of the House of Lords on the Prevention of Road Accidents, more commonly known as the Alness Report. I’d urge you to read the material below, it has ossified a five year period when bike paths started being built in England and shows that while the AA, the RAC, the Metropolitan police and many others were calling for an expansion of the bike path network, the cycling organisations remained wary but, were the “inferior” bike paths to be substantially improved, this wariness would turn into a welcome.

MINISTRY OF TRANSPORT

Mr Robinson from the Ministry of Transport said: “The number of cyclists is increasing, and has increased considerably in recent years. Unfortunately, cycle tracks are most needed in built-up areas where it is a physical impossibility to get the width without very large demolition of property.”

Lord Alness: “The cycle tracks of today, particularly the one on the Great West Road…are more or less useless, are they not?”

Major Cook, chief engineer, Ministry of Transport: “They are used by 50 percent of cycle traffic.”

Lord Alness: “In Germany, cycle tracks are not only more numerous and wider but are always observed by cyclists.”

Major Cook: “Cyclists are compelled by law in Germany to use the tracks.

Lord Alness: “Have you contemplated the possibility of attaching a penalty to the non-use of cycle tracks of due width, when constructed?”

Major Cook: “…that requires legislation.”

Lord Alness: “Which would not be unopposed I presume?”

Major Cook: “Which would not be unopposed.”

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AUTOMOBILE ASSOCIATION

Edward Fryer, deputy secretary of the Automobile Association (an organisation with 680,000 members), gave evidence to the committee, admitting that “the only time I was ever fined for committing a road offence was for cycling on a pavement many years ago.”

Fryer: “The cycle tracks on the Great West Road are not only too narrow but they were too rough, they were too full of manholes, there were too many crossings where the cyclist had to go up and down….Our submission has been for many years that if special tracks are made, they should be of the right type, so as to attract the cyclist. The width of the cycle track should be 12ft…excepting where cycle tracks are provided for big works, 12ft would be insufficient…under the existing law, the cyclist and the pedestrian cannot be excluded from the King’s Highway.”

Lord Alness: “If the cycle track is there, and is of suitable dimensions, and the cyclist deliberately neglects to use it, and uses the carriage-way instead, would you favour the imposition of a penalty?

Fryer: “I think it must come.”

Fryer also went on to show a diagram of a road of the future which included Dutch-style cycle underpasses. “The [cyclist] would pass under the carriage-way, come up on to the bank and join the other cycle track which goes continuously along the arterial road.”

AA recommended the taking of 300ft for designing such roads, giving plenty of space for anticipated rise in motor traffic as well as protected tracks for cyclists and pedestrians. “You can get complete segregation of these three kinds of traffic…[but] it requires more land…more land than is the present policy of the Minister of Transport.”

“[Where] cycle tracks and footways are sometimes going over and sometimes going under, if you are going to continue to have those at a reasonable gradient, looking to the future, instead of being really steep, it does require this extra width for getting into the swing.”

Lord Alness: “A considerable time must elapse before all the road junctions in the country can be redesigned and reconstructed?”

Fryer: “We appreciate that.”

Lord Alness: “But if you are going to make it compulsory, you get the possible weekend time when between large towns you have droves of cyclists…”

Fryer: “[By] that time I hope that the extra provision of land by the side of the roads, and in certain cases even footpaths, may be used as cycle tracks…[so] the carriageway is left free for vehicular motor traffic.”

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METROPOLITAN POLICE

Sir Herbert Alker Tripp, assistant commissioner of the London Metropolitan Police, gave evidence to the Alness committee on behalf of all police. He was heavily pro-motoring: “To safeguard [pedestrians] we should have our footways at first floor level in every street and with bridges between them. That would eliminate the pedestrian casualties entirely. In the same way with the pedal cyclists we should want separate tracks. If we had in London a layout designed for motor traffic only we could reduce the pedal cyclists casualties probably by 50 or 75 percent…”

Lord Alness: “Have you any suggestion to make with regard to any improvement to sanction with regard to conduct [of the motorist]?

Transport minister Leslie Hore-Belisha opening an experimental gate which would open to let pedestrians cross a road.

Transport minister Leslie Hore-Belisha opening an experimental gate which would open to let pedestrians cross a road.

Tripp: “I have none. He has been the subject of regulation…over this period of years, and I do not think things can be carried very much further…Accidents are caused by encounters between the motorist on the one hand and the pedal cyclists on the other. We have at present a system of unilateral restriction on the driver, and the effect of unilateral restriction is inclined to cause the unrestricted party to be bolder and more arrogant, and I would not at the present moment advocate any further regulation with regard to the motor driver.”

The feeling at the time was that motor traffic had absolute priority on the roads and cyclists and pedestrians must be separated, and sanctions applied to any pedestrians or cyclists who get in the way of the more important users of the road, namely motorists.

Tripp: “The pedestrian has hitherto been entirely unregulated. The first step would have to be of a very easy character, namely to try and induce him to accustom himself to a rather more orderly movement in the road.”

For the pedestrian, this included being prevented from crossing roads with a railway-style crossing barrier:

Tripp: “[we ought to guard] pedestrians more certainly at crossings…by means of bars which will prevent them from crossing while the signal is against them. The Ministry are already experimenting on whether they can find an apparatus whereby when the signal turns against the pedestrian a bar will come across in front of him that will stop him from crossing. We are doing the same by physical means down in Whitechapel Road…We have bars which keep the pedestrians from going on to the crossings until the traffic is stopped and then they can cross in a body.”

CTC Gazette, 1934
Cartoon from Northampton Chronicle and Echo, reprinted in CTC Gazette, April 1935

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ROYAL AUTOMOBILE CLUB

Professor Raymond Clements, chairman of the Roads and Traffic Committee of the RAC, and a member of a great many other technical committees, gave evidence to the Alness committee. He said the rise in number of private motor cars between 1928 and 1938 was an increase of 103 percent, from 884,645 to 1,798,105. On class 1 (busy) roads, a government traffic census showed an increase between 1931 and 1935 an increase of 34 percent in motor vehicle movements, and on class two roads, between 1929 and 1938 there was an increase of 55 percent in passenger vehicles.

Clements: “The census of pedal cycles is the most startling. The census taken on class 1 roads in 1935 shows the number of pedal cyclists recorded as 95 percent higher than in 1931. In the class 2 roads census taken in 1936, the aggregate number of pedal cycles enumerated at over 3000 comparable points was 10,123,000 compared with 5,343,000 in 1929.”

Lord Alness: “These are very arresting, if not staggering figures?”

Clements: “They are indeed, my Lord; those are the most impressive of all, I think.”

Lord Alness: “Have you seen the cycle track on [the Great West Road] bare while the highway is teeming with cyclists?”

Clements: “Yes.”

Lord Alness: “Have you also seen in Germany where the cycle tracks have been fully used and where, on the roads, one rarely sees a cyclist? [historical note: use of cycle tracks in Germany had been made mandatory in 1926, an imposition extended a year after the Nazi party came to power in 1933, citing "the problem of disciplining cyclists" who did not use cycle tracks. During WWII cyclist use of cycle tracks in the Netherlands was made compulsory under Nazi occupation].

Clements: “I have that in mind…[On] Continental roads…where any facility exists even of a primitive and poor type…that track is made use of at once by the cyclist in preference to the carriageway…In Germany the tracks are being created under a highly organised system, quite as organised as the construction of the Autobahnen. There is a separate organisation responsible for constructing what are known as the Radfahrerweg-en (the cycle riders’ tracks) and in those cases they are making the track, not necessarily blindly paralleling the main road, but winding the track through the countryside, dissociated from the main road itself.”

Lord Alness: “Where the cycle track [in England] is of suitable width and construction, would you make use of it compulsory, subject to a penalty?”

Clements: “There is a certain difficulty in this connection owing to the fact that the cycle track which can be carried along parallel to the carriageway…does present a real problem at the road junction. And as at present devised, the cycle track is brought into the carriageway at the junction and, in fairness to the cyclist, the point should be made that at that particular point he is cast into the vortex at the critical point.”

Lord Alness: “But that is more or less mechanical or road engineering problem?”

Clements: “Yes; it almost at the moment, seems insuperable in the light of our present conception of the highway system.”

Lord Alness: “Would you put cycle tracks and footpaths along [the new] Great North Road?”

Clements: “I should prefer not to see the cycle track and the footpath added to that portion.

Lord Alness: “You think the cyclist would continue up the old Great North Road?

Clements: “I have the impression that he would prefer the old meandering road rather than he should be compelled by law or otherwise to use the motorway.”

Despite the fact there were 12 million cyclists at the time and 2 million motorists, the powers-that-be would only countenance spending money on motorists. Some 500 miles trunk roads and bypasses were built between 1925 and 1935 but only ten percent were equipped with cycle paths. Improving the roads for use by cyclists, too, was not seen as a priority by Governments of the day and motoring organisations were nevertheless keen to push for segregation of cyclists even when they acknowledged that provision would be patchy and far inferior to the infrastructure being built for the minority road user group, motorists.

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BRITISH ROAD FEDERATION

Gresham Cooke, secretary of the British Road Federation, founded in 1932, gave evidence to the Alness committee.

Lord Howe: “Do you advocate, where it is possible, the construction of special cycle tracks?”

Cooke: “I certainly do, my Lord.”

Lord Howe: “Do you further advocate their compulsory use by cyclists?”

Cooke: “Yes, my Lord, certainly…I should like to see it made an offence where a cycle track exists and where it is in a proper state. There is a great deal of criticism of cycle tracks and the state in which they are, but where they exist, we certainly urge that it should be an offence not to use them.”

Lord Howe: “Do you happen to know whether this is so in Germany? One’s observation is that one almost never sees a cyclist on the highway, but always on the cycle track.”

Cooke: “Both in Germany and in Holland which is another densely trafficked country, where there seem to be many cycles per thousand of the population, you find everywhere that the cyclist keeps very closely to the cycle path, which is a far less satisfactory path than in this country.”

The British Road Federation, like other motoring organisations, was also keen to see registration of cyclists:

Cooke: “The registration of cyclists is a matter of urgency. The numbers are very large now, and are growing every year.”

Lord Howe: “That would aid their identification after an accident?”

Cooke: “Yes, my Lord.”

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ROYAL AUTOMOBILE CLUB

Corris William Evans, solicitor, head of the legal department of the Royal Automobile Club, gave evidence to the Alness committee. He told the peers the RAC had 300,000 members.

Evans: “[The RAC seeks] the provision of cycle tracks. That, we feel has not been carried out to the extent it might have been. 6 feet [for cycle tracks] is probably insufficient on a heavily cycle trafficked road. [Compulsion should be enforced when the track is of] appropriate width and appropriate surface…[In rural areas] where footpaths are provided, and cycle tracks are provided and a roadway is provided, we have have found that the pedestrian, owing to the condition of the surface of the path, will walk on the cycle track and the cyclists will proceed along the carriageway.”

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COMPANY OF VETERAN MOTORISTS

Admiral G. H. Borrett of the Company of Veteran Motorists gave evidence to the Alness committee. CVM was founded in 1931 and had 34,000 members. It was renamed the Guild of Experienced Motorists in 1983 and now, as GEM Motoring Assist, provides breakdown services to motorists.

Lord Howe: “Has your association formed a view about the necessity for codifying the law relating to the highway?”

Borrett: “The law is rather hard on motorists, and the other road users have very little law to contend with at all…The whole law against motor-cars started in the old days when only the rich had cars…But nowadays, the whole population is interested in motor traffic…We think that a certain amount of propaganda could be usefully used in making ordinary people who do not own motor-cars realise how much they owe to motor traffic.”

Lord Howe: “What about cycle tracks?

Borrett: “Cycle tracks, of course, are most desirable…They should be wide enough, and when there are sufficient of them we think they should be made compulsory.”

WARWICKSHIRE COUNTY COUNCIL

D.H. Brown, County Surveyor of Warwickshire (“at the present time we are constructing the Coventry By-pass road…this comprises two 24ft dual carriageways…grass verges, cycle tracks on both sides, service carriageways 16ft wide and footpaths 8ft wide,”) gave evidence to the six peers.

Lord Alness: “What do you say about railings?”

Brown: “My view of the railings problem is that sufficient use is not made of it…I think we have to get a new mentality: not only that we are dealing with what is commonly called a road, but we are dealing with in effect, with an express railway track, with this obvious difference that a motorcar is not bound to rails, and it can vary its track on the road…Engineers look upon the highway as the whole width between the forecourt fences, i.e. the the outside boundary wall or the front wall of the houses. We do not draw a distinction like the cyclists do, that they are are driven off the highway if they are driven off the carriageway…Railings should be put beside footways…and the pedestrian should not stray on the carriageway but should be confined to his own section of the highway, in the same way that cyclists should be…The underlying idea is of segregation of the highway…We believe that the expense of putting [cycle] tracks down in a proper way – and they are of no use if they are not serviceable – is so great that the use of them when they are made should be compulsory…As engineers we cannot understand the attitude of the cyclist who will not ride on the special track provided…the cycle track is part of the highway.”

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PEDESTRIANS’ ASSOCIATION

Now Living Streets, the Pedestrians’ Association was founded in 1929. The Pedestrians’ Association representative T.C. Foley told the peers the Association was in favour of speed limiters for cars, tougher sentences for law-breaking motorists “penalties are often ridiculously light”, and lower speed limits (“We think that 30mph is too high for built-up areas.”)

Lord Alness: “What is the view of your Association with regard to the provision of guard rails fencing the streets off mechanically from pedestrians?

Foley: “We feel the effect would be, if it was developed, an unreasonable infringement of the rights of the pedestrian and would impose serious inconvenience upon him, particularly as the traffic may be abnormally heavy along such roads for only a minor portion of the day.”

Lord Alness: “What about subways and bridges?”

Foley: “Subways and bridges could not, on the ground of expense, be erected at very frequent intervals and therefore the pedestrian would have to walk a long distance…If subways and bridges were put into general operation it would only confirm the view of the motorist that the public highway was a motor speed track…”

The judges rarely intervened to put an opposing view when interviewing motor lobby witnesses. There was no such hesitance for non-motor witnesses…

Lord Alness: “I am not sure that you are not making a little too much of the principle of inconvenience to the public and to the pedestrian in particular.”

Lord Brocket: “Regarding children on the road, I drive a car a good deal and I think that children and horses and dogs and hens and road users of that kind are more careful now than they were a few years ago.”

Foley: ‘Yes, I think that is true.”

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MIDDLESEX COUNTY AUTOMOBILE CLUB

Lieut-Colonel J.T.C. Moore-Brabazon, was vice-chair of the Automobile Club and a motorist and a racing car driver since 1903. He was later appointed Minister of Transport, in October 1940. His views, given to parliament in 1934, on how everything and everybody should get out of the way of cars is perhaps instructive:

“It is true that 7000 people are killed in motor accidents, but it is not always going on like that. People are getting used to the new conditions… No doubt many of the old Members of the House will recollect the number of chickens we killed in the old days. We used to come back with the radiator stuffed with feathers. It was the same with dogs. Dogs get out of the way of motor cars nowadays and you never kill one. There is education even in the lower animals. These things will right themselves.”

Lord Alness: “Are you in favour of cycle tracks?”

Moore-Brabazon: “Yes, but I think you have to give them very good cycle tracks, you know. They are given very bad cycle tracks which make them jump all over the place.”

Lord Alness: “You would hardly blame a cyclist for failing to utilise the 6ft-wide cycle track on the Great North Road?”

Moore-Brabazon: “No.”

Lord Alness: “Should use of these tracks be compulsory?”

Moore-Brabazon: “Yes, providing the track is a good one, I think it should be compulsory…I think what you have to do is to make the tracks so attractive as to attract the people automatically; then you could put the penalty on; but to force them on to something which is not good is very difficult.”

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CYCLISTS’ TOURING CLUB

CTC was founded in 1878; it had 40,000 members in 1938; 1440 cyclists were killed in 1937. George Herbert Stancer and R. C. Shaw gave evidence for the Cyclists’ Touring Club at the Alness select committee. G.H. Stancer was secretary of the CTC and a long-time cycling journalist. In 1926, under the pen-name of ‘Robin Hood’, Stancer wrote in the CTC Gazette:

“Those of us who oppose the construction of cycle paths alongside English country roads firmly believe that any such paths would be inferior in quality to the roads, and would generally be neglected, on the ground that ‘anything will do for push-bikes’; that the presence of such paths would imply…that cyclists were banished from the carriage-way; that coroners, judges and jacks-in office everywhere would be inclined to censure a cyclist who was involved in an accident on the road when a path has been provided for him; and that in the end we should forfeit the rights that were won for us by the pioneers of the pastime in days gone by. All these fears may be groundless, but they will not be easily removed. The advocates of cycle paths, with few exceptions, are the most violent enemies of cyclists…”

Lord Alness: “I suppose your Association first began to function when the situation was very simple as compared to today?”

Stancer: “Yes. All traffic was very slow moving and when bicycles were introduced, they of course, for many years, were the fastest vehicles on the road. That is not the case at the present.”

Lord Alness: “And the accidents which did occur before the motor was introduced were due either to the condition of the road or the behaviour of road users?”

Stancer: “Exactly. We concerned ourselves considerably with the condition of the roads. Of course, 50 or 60 years ago roads were generally in bad condition and we devoted ourselves very largely to improving the condition of the roads…We did a great deal to improve the conduct of cyclists as far as we could…we regarded it as essential that he should put himself right with the community, he should show that he was not in any way a reckless or careless or incompetent road user and was not likely to do pedestrians generally the injury they seemed to fear. In that way in a very short time, in a few years, the cyclist did live down all the early animosity that his appearance had incurred.”

Lord Alness: “Your Association is, if I may say so, broad-minded enough to regard motor traffic as necessary and proper development?”

Stancer: “Yes, my Lord. Of course we have grown up with the motor movement and I think that during the whole of that period we have treated it with perhaps more tolerance than we have always received at the hands of the people who have been concerned with motoring.”

Lord Alness: “Is your Club in favour of the construction of motorways?

Stancer: “Yes, my Lord, we have been advocating that for many years.”

Lord Alness: “Is your Club in favour of the strict enforcement of the law against persons whose conduct may endanger…?

Stancer: “Yes, my Lord; our feeling is that the law as it exists today is…quite sufficient…if it were only enforced…the ordinary lay Magistrate is very much inclined to let his fellow motorist off much too lightly when they come before him.”

Lord Alness: “is your Club in favour of the provision of separate cycle tracks for cyclists?

Stancer: “No, my Lord, we are not. Our feeling is that cycle paths at the side of the road do not, in the present circumstances, and never can, provide the same facilities for enjoyable cycling as are provided by our present road system.”

Lord Alness: “I should have thought personally that it would be more enjoyable to cycle on the cycle track on the Great West Road than to cycle on the highway there?”

Stancer: “Those people who are not accustomed to cycling always tell me that and I think that it must be a general view…The fact of it is that the existing experiments in the construction of cycle paths are, I think, most unsatisfactory and they have created a bad impression amongst cyclists.”

Lord Alness: “Assume the track was adequate in dimensions, in breadth, as in Germany, 9ft let us say, and its surface was good, do you not approve of the experiment at least being made?

Stancer: “The difficulty is not so much a matter of width or surface. It would be essential to provide a sufficiently wide track and most of the tracks we have knowledge at present are too narrow and the surface is very unsatisfactory. On most of them even if we had a sufficient width and an excellent surface there is still the disadvantage that the track by the side of the road is constantly being interrupted and broken by the passage of other tracks coming from houses or whatever it may be. Every time there is a private house with a garage or there is a filling station or there is a way into a field or way into a shop…everything has to come across the cycle path; so that while on the carriageway you get a perfectly straight, smooth, unbroken, uninterrupted course for whatever vehicle is using it, the cyclist has always got something coming across.”

Lord Alness: “But he is not submitted to the same dangers as when he is cycling on the highway on the Great West Road?

Stancer: “No, my Lord. My suggestion is that those dangers ought to be removed.”

Lord Alness: “Is that not a counsel of perfection? The removal of the dangers seems rather idealistic?

Stancer: “The other alternative seems to be a counsel of despair: “The law is powerless to preserve you on the road now; you must get off the road.” That is roughly what it comes to.”

Lord Alness: “The disadvantages which you have been enumerating are not necessarily deep-seated or irremovable. I am merely asking you about the principle of the thing and as I gather, you are against the provision of the cycle track, however good, in principle?”

Stancer: “In principle, yes my Lord, but may I say that there really is nothing very new in cycle paths. They have been in existence for at least 40 years in France on quite a wide scale, and in many other countries of Europe…In days gone by the roads of France were very bad…and cyclists agitated for the construction of paths so they could escape the very poor quality of the road. In this country…our roads are excellent for cycling.”

The six Lords were so disappointed with the answers from the Cyclists’ Touring Club they recalled the witnesses to give evidence again, five days after their first appearance. After much discussion about the taxation and registering of cyclists, and the placing of rear red lights on bicycles, Lord Brocket asked:

“Then you consider that cyclists and motorists have an equal right to the road?”

Stancer: “Yes.”

Lord Brocket: “But you realise that motorists pay for the upkeep of the roads to a certain extent?

Stancer: “I realise that they frequently say so but in point of fact the main costs of the roads is borne by the ratepayers, and the ratepayers include cyclists. I know to my cost that I pay an enormously large sum in rates for the use of roads which have been rendered much more costly by the requirements of motorists. Pedestrians and cyclists…are paying excessively for the provision of roads which are mainly intended for the use of motorists…It is unfair to say motorists pay for roads. Many motorists say they pay for the roads entirely.”

Earl of Iddesleigh: “Is it a subject of complaint of cyclists that pedestrians get on to the cycle track?

Stancer: “Yes that it so invariably.”

Earl of Iddesleigh: “On the Western Avenue, the pedestrians have a perfectly good footway of their own, have they not?”

Stancer: I think so, but they seem to prefer the cycle path…[in law a] pedestrian is perfectly entitled to make use of a cycle path.”

Earl of Iddesleigh: “Assuming the law is so cruel and unkind as to make you use cycle paths, you would probably welcome legislation forbidding pedestrians to get on them, would you not?”

Stancer: “I think that would be a necessary part of such a scheme.”

Earl of Iddesleigh: “If we could enable you to avoid the great motor roads and provide for you really satisfactory roads on which you would not have to compete with a great deal of fast moving traffic, there would be a gain in enjoyment…?

Stancer: “If it were possible to provide facilities that are equal to those that we enjoy now, with the additional advantage that they would not be shared by motorists, I think that cyclists would have no objection…”

Earl of Iddesleigh: “Supposing it were an adequate cycle track, do you think it would be fair and reasonable that cyclists should be advised to use it?”

Stancer: “Advised but not compelled to.”

Earl of Iddesleigh: “Are the two grounds upon which you are against cycle tracks these? First, because the cyclist insists on his abstract right to the use of the highway, and secondly, because it is less pleasant to use a cycle track than a highway?”

Stancer: “The second one you have mentioned is far more important. Cyclists would never insist upon their abstract rights if it were not that they are losing the chief pleasure of cycling by being forced on to the paths. If the paths are by any miracle to be made of such width and quality as to be equal to our present road system, it would not be necessary to pass any laws to compel cyclists to use them; the cyclists would use them.”

Earl of Iddesleigh: “You think that the cyclist is being offered an inferior article?”

Stancer: “A very much inferior article, my Lord.”

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BRITISH CYCLE AND MOTOR-CYCLE MANUFACTURERS AND TRADERS UNION

H.R. Watling, director of the British Cycle and Motor-cycle Manufacturers and Traders Union told the Alness committee that the UK made two million bicycles each year and that there were 15 million bicycles in use. The organisation later split in two, although shared the same building in Coventry. The bicycle half of the organisation is now the Bicycle Association.

Lord Alness: “What is your view of the cycle track proposal?”

Watling: “I have no objections to the principle of cycle tracks. We have every objection to the cycle track as at present produced…the provision of a cycle track is, at best, a palliative…The cycle track to-day is of very little value because it is poorly constructed; there is only a small mileage of it, and furthermore, although it is provided for the cyclist yet the track is actually used by various other people, such as perambulators, pedestrians and the like. In other words the cycle track to-day is not sufficiently inviting or sufficiently well constructed to induce the cyclist to use it.”

Lord Alness: “Assuming that a cycle track is constructed of adequate width and with a suitable surface would you then be favourable of pedal cyclists using that track?”

Watling: “I personally should encourage them with every means in my power…If and when we had an adequate mileage, and not merely an experimental mileage, [then] it would be competent for compulsion to be considered as a practical measure….It would be unfair and unreasonable to expect compulsory use of those tracks when they are in an experimental stage. Once the standard has been laid down of a satisfactory character, and once it is clear that the cycle track is reserved for the cyclist and nobody else, and once the construction with respect to cross streets and the like is satisfactorily dealt with, then you can have something which you can properly invite the man to use in due course after a period of probation, so to speak…I think cyclists in general fear that if cycle tracks are provided in certain places the psychology of the motorist will be affected adversely…they will regard the cyclist as more and more an undesirable person on the road, and it may lead in some cases to an increase in the degree of carelessness exhibited by drivers of all types.”

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NATIONAL CYCLISTS’ UNION

J.E. Holdsworth represented the NCU, an organisation of racing cyclists, which later became British Cycling. In 1938, the NCU had 60,000 members. Holdsworth said the NCU was a “friendly rival” to the CTC. Both had been formed in 1878. Holdsworth said the NCU represented “all cyclists”, a dig at the CTC, who represented recreational and touring cyclists. A newly created category of membership of the NCU was associate member which, Holdworth told the peers, was “intended to cover the man and the girl who ride to work; who do not take up cycling for a pastime but merely as a utility measure.”

Lord Alness: “You are against [cycle paths?]

Holdsworth: “We are against these, because we think that the disadvantages outweigh the possible advantages…The [fear is that] quite apart from whether cycle paths can be made of sufficient width and surface, the roads where there are not cycle paths will be more dangerous for them, and especially if it is part of the same road…[We] feel that the attitude of motorists towards cyclists will not improve because they are put on cycle paths. [We] feel that some type of motorists will feel that cyclists ought not to be on the road at all.

Lord Alness: “Supposing you have a cycle track on the Great West Road which is 9ft wide, and the surface which is as good as that of the road itself, would it not be safer for the cyclist…that he should use that track instead of mixing in the maelstrom of traffic on the road?”

Holdsworth: “If, my Lord, it were possible to build a cycle track that would over-come the difficulty of cross-roads and junctions, then we would be in favour of it…If the Great West Road had been planned originally so that there had been prohibition of any access to the road by other people, then a cycle path would have been a perfectly sound and feasible thing; but the difficulty is that the public on the outside of the cycle path have an access to the road the whole time.”

Lord Alness: “Supposing you had 24 million cyclists would the speed of motor vehicles be halved?

Holdsworth: “If there are a large number of cyclists, it does reduce the speed of motorists.”

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PARADISE FOR THE MOTORIST

In a 1939 debate about the Alness report, William Leach, the Labour MP for Bradford Central, made a withering speech, highly critical of the report’s pro-motoring agenda:

William Leach“[The new minister for transport] has a lot of very bad and false advisers seeking his ear. They include…the swagger Automobile Club, who want a paradise for the motorist. They include county surveyors, and a number of chief constables who have wrong ideas about winding roads and the sins of pedestrians and the sins of children. Probably the worst of all his advisers, and the most mischievous, are the seven peers who have issued a report on the prevention of road accidents.

“Many newspapers are pressing very hard that legal effect shall be given to the findings of this Select Committee; I hope the Minister will pause for quite a long time before he obliges them…I want to deal with the key recommendations contained in this document.

“According to their Lordships, there are no road-hogs in this country, but only ‘so-called road-hogs’. Nowhere is it admitted that speed has anything to do with road fatalities…So their Lordships want a lessened imposition of the speed limit, with a view to its ultimate elimination. They want restricted speed areas to be reduced in number or extent; they want the complete segregation of motorists, cyclists and pedestrians…On the sins of cyclists, pedestrians and children, my Lords waxed really eloquent: “Children under seven cause 23.9 per cent. of the accidents to pedestrians.” So we are led to suppose, from this statement, that the responsibility of infants and tiny children for avoiding accidents is exactly the same as that of the motorist. Any legislation passed on that supposition would be a wicked innovation in British law. Having let go on the sins of babies, their Lordships say, on the shortcomings of pedestrians and cyclists: “It would seem…that many pedestrians are unwilling to sacrifice any of their rights to the common cause of safety.…There is much thoughtless conduct amongst cyclists which is responsible for many accidents.” There you have the key-note to all the recommendations which follow in this report. They go on to make them. They recommend that no cycling under 10 years of age should be allowed. [HON. MEMBERS: "Hear, hear!"] The Committee recommend that all child cyclists should be banned.

“Further, cyclists must not carry bulky luggage, or ride more than two abreast, and, if there is a cycle track, they must come off the highway.

“If the pedestrian steps heedlessly off the causeway, he is to be prosecuted. That is, of course, supposing he is still alive…Where an accident occurs to a pedestrian who is on the highway where a footpath is available, his right to damages is to be denied. He is to be forced to use pedestrian crossings only at dangerous places, but wherever there is a pedestrian crossing and he fails to use it, his right to damages in the event of accident to himself is to be taken away. One sees from this report that it is the view of their lordships that the chief menaces, indeed almost the only menaces, to road safety, are children, pedestrians and cyclists. In other words, the principal sinners are the victims themselves.

“Let us leave for a while this tale of deaths and manglings, and the extraordinary conclusions reached in the Alness Report, and turn to what the Committee have to say in regard to roads and road improvements. They recommend that no main roads should be less than 300 feet wide, and that a vast new construction programme should be undertaken, that bridges and tunnels should be provided for pedestrians to take them off the roads altogether, and cycle tracks to take the cyclists off as well.

“Further, these gentlemen want roadside trees removed. No doubt that would provide a lot of work for the unemployed, because there are millions of roadside trees. They want humps taken out of bridges.

“A few million acres of agricultural land will have totally disappeared. Cycling paths will be empty, because cycling will then have become too hazardous for anyone to undertake. The nation’s beauty spots will have become things of horror, advertised by flaming petrol stations and gorgeous hotels. All the main streets of the principal cities will be railed off by steel and wooden barriers. The reign of the motorist will have become supreme.”

++++++

POST-REPORT DEBATE

In a House of Lords debate welcoming the Alness report, in May 1939, the Marquess of Reading said:

“The reception of the recommendations in those two quarters to which I have referred does not seem to indicate at the moment that we have altogether succeeded in that particular object, but I still hope that more reflection and more detachment, and the very great weight of public opinion which is behind these recommendations, will persuade the cyclists and the pedestrians that in what we are recommending we are endeavouring not to oppress but to protect them. I confess that, approaching it with all possible detachment, I find it extremely difficult to accept the doctrine put forward on behalf of the cyclists that in some peculiar way segregation and degradation are synonymous words. You have a highway, and the cyclist says, “It is my right to use that highway.” Does the highway consist only of that part of the road upon which motor cars proceed, or does it include that part of such roads as may be reserved for cyclists and that part reserved for pedestrians? Does any sane pedestrian expect — certainly he does not expect for long — that he should be allowed to walk upon the middle of the Great West Road on Sunday morning, and say that unless he is allowed to do so he is being deprived of the right to use the King’s highway? One wonders what would be the attitude of cyclists if, in a place where there was a cycling track, a motorist suddenly took it into his head to proceed along that cycle track. Yet, if the cyclists have a right on the motorists’ road, why, on similar terms, have not the motorists a right on the cyclists’ road?”

Posted in 1930s, 1940s, 1950s, CTC history, Road rights · 7 Replies ·

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January 11, 2013 by carltonreid

There’s a national blanket ban on cycling on the pavement but none for parking a car on the pavement

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jesmonddeneparking  14548 - Version 2

Ludicrous, really. There’s a blanket national ban on cycling on the pavement (and has been since 1888) but there’s a confusing mish-mash of conflicting laws which means there’s no equivalent national blanket ban on parking a car on the pavement. Motorists can’t legally drive on the pavement, but a loophole (see base of article) means, in many localities, they won’t be nabbed for driving their cars onto pavements and leaving ‘em there. Some local authorities have enacted bylaws to stop motorists parking on pavements but these are few and far between.

jesmonddeneparking  14560 - Version 2


Those who rant at cyclists for pavement riding tend not to rant at motorists committing the exact some offence. The offence was introduced in 1835. While all other parts of the 1835 Highway Act have been either amended or repealed, clause 72 remains in force. It’s a juicy one:

“If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon.”

The key phrase is “carriage of any description”. That is a cover-all that is still in force. Motor cars were classed as carriages in the 1903 Motor Car Act; bicycles were so classified in 1888.

INTERLUDE: Despite cars being banned from pavements since 1903, the BBC is not yet up to speed. In a report about a great many motorists driving on a pavement outside a school in Folkestone – video evidence was uploaded to YouTube – the BBC reporter said: “Kent police is now examining the footage to see if any offences have been committed.” And the school’s associate head teacher seemed to be talking about a future of driverless cars when he said: “…for cars to take it upon themselves to mount the pavement to avoid the traffic is absolutely outrageous.” Sadly, the local police told the YouTube uploader that the road traffic offences were the responsibility of traffic wardens (wrong!) which throws into sharp focus the whole problem of there being a national blanket ban on cycling on the pavement but none for parking a car on the pavement. To park on the pavement you tend to have to drive on the pavement – two wheels count, m’lud – but pavement parking is so endemic police look the other way because to enforce the law would involve charging millions of people.

The operators of bicycles and cars (and operators of shoes, too) have the same road rights, that is, being able to pass and repass over the public highway [DPP v Jones and Another, 1999] and as “reasonable users of the highway” are allowed to, say, stop and admire the view or grab a bite to eat while resting at the side of the road: “Highways are dedicated prima facie for the purpose of passage; but things are done upon them by everybody which are recognised as being rightly done, and as constituting a reasonable and usual mode of using a highway as such. If a person on a highway does not transgress such reasonable and usual mode of using it, I do not think that he will be a trespasser.”

However, parking of a carriage is caught up in a swirl of conflicting legislation.

It’s up to MPs to clear up this mess. But, to date, they haven’t. And they’ve had lots of opportunities to do so, and made lots of promises, too, as is made clear by a research document in the House of Commons library. These briefing documents are written for MPs and Peers, giving them an overview of a subject they may not be familiar with.

Parking: pavement and on-street [PDF] was written in 2010 and talks of the “previous efforts to legislate,” efforts which have always come to naught.

Governments have in the past consulted on ways to combat pavement parking and have sought to alter the law. In 1974 Parliament provided for a national ban on pavement parking in urban areas in section 7 of the Road Traffic Act 1974 (this inserted new section 36B into the Road Traffic Act 1972). If implemented, this would have prohibited all parking on verges, central reservations and footways on ‘urban roads’. The Secretary of State could have exempted certain classes of vehicles and individual local authorities could have made Orders within their own areas to exempt from the national ban certain streets at all times or during certain periods. However, full implementation required that the ban had to be brought in by Parliamentary Order and this never occurred. Successive transport ministers argued that there were difficulties for local authorities and the police in finding the resources to carry out the necessary policing and enforcement work. In 1979 the then government decided to defer implementation indefinitely.

In December 1986 the Department of Transport sought comments on a discussion paper, Pavement Parking – Curbing an Abuse. The paper looked at the reasons for pavement parking and the problems it caused. It put forward four options for tackling the problem:

• more private legislation by local authorities;

• more TROs by individual local authorities;

• implementation of the 1974 Act’s national ban; or

• amendment to the 1974 Act to permit local authorities who wished to introduce the ban to do so using the TRO procedure.
In July 1988 the Transport Minister, Peter Bottomley, said he had received over 450 responses to the paper and that he would be announcing the outcome of the review “as soon as possible”,4 but nothing happened. When the 1972 Act was repealed in 1988, section 36B (the ‘national ban’ mentioned above) became, without any amendment, section 19A of the Road Traffic Act 1988 and the matter rested there. Regulations to put into effect the national ban were not brought forward because of the potentially enormous costs to local authorities and police of securing proper policing and enforcement of such a blanket ban. It was finally repealed by section 83 and Schedule 8 of the Road Traffic Act 1991.

The House of Commons library document Cycling: offences [PDF], written in 2012, has a much shorter and simpler message:

It is an offence to ride a bicycle on a public footpath under section 72 of the Highway Act 1835, as amended. This was made a fixed penalty offence in 1999 and since December 2002 Community Support Officers have been able to issue a fixed penalty notices for this offence.

Naturally, enacting a law that enforces a blanket ban on pavement parking won’t be easy. But Scotland is further down the road, as it were. Scottish MPs have agreed to legislate, nationally, to keep motorists off pavements.

In mid-December 2012, The Herald reported that “motorists face a ban on parking on pavements or alongside other parked cars and dropped kerbs under plans expected to be widely backed by MSPs.”

Charities representing older people, wheelchair users and other vulnerable groups have thrown their weight behind legislation designed to prevent pedestrian access to pavements being blocked.

Emergency services have also supported the measures, with Strathclyde Fire and Rescue saying double-parked vehicles can be “a matter of life or death” if they slow down fire engines.

Under current laws, driving on pavements or obstructing access to a pavement are illegal – a situation described as confusing by campaigners who claim drivers are rarely prosecuted.

A Private Members’ Bill was proposed in the last Scottish Parliament by the then LibDem MSP Ross Finnie. It aimed to give councils greater powers to ban parking on pavements, but was not progressed. It was relaunched by Joe FitzPatrick, the SNP MSP for Dundee City West, in March and then taken over by Sandra White, a Glasgow list MSP, in the summer.

A final draft of the plans…as already been backed by 34 MSPs from four parties – enough to ensure it progresses to the formal bill stage.

Ms White said the proposal was about “justice and fairness” for pedestrians. She added: “There are a lot of people using wheelchairs or with toddlers in buggies who cannot get on to pavements because of inconsiderate parking. It’s not unusual to see cars parked with all four wheels on the pavement, which isn’t right. Pavements are for people and roads are for cars.”

Well, not just cars, but that’s nit-picking.

David Goodhew, director of operations at Strathclyde Fire and Rescue, welcomed the proposals. He said: “Anything that frees up our streets to allow swift passage of our appliances has got to be a good thing. Delays caused by double parking or parking on tight corners or street ends can be a matter of life or death.”

Get Britain Cycling, a parliamentary inquiry inspired by the ‘make cities safe for cycling’ campaign by The Times, starts hearing evidence on 23rd January. There will be six evidence sessions with a panel of MPs and Peers who will take verbal evidence from a selected group of witnesses. The last session will be on the 6th March.

According to the All Party Parliamentary Cycling Group, the inquiry “will examine the barriers which are preventing more people from cycling in the UK.”

One of those barriers is pavement parking. Motorists leaving their private property on the public highway is a nuisance to other road users and, frankly, an unsightly mess.

Professor Ian Walker, a transport and environment psychologist at University of Bath, said the inquiry ought to examine pavement parking because:

“Pavement parking enforces a ‘streets for drivers’ mindset.”

Twitter user John The Monkey said: “[It's] indicative of an institutionalised hypocrisy regarding the transgressions of drivers and cyclists.”

UrbanManc added: “It’s turned communities, especially schools, into hazards and no-go areas for pedestrians and cyclists alike.”

I have been asked to give evidence at ‘Get Britain Cycling’ and, among other issues, will be raising the subject of pavement parking. I’m due to give evidence on 23rd January.

+++++++++++++

A CRANE PUT MY CAR ON THE PAVEMENT, OFFICER

Section 72 Highways Act 1835 is used in the current Highway Code. Rule 145 states:

“You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.”

Since January 1999 a fixed penalty notice can be issued with the offender given a ticket with fine and points attached unless they appeal in which case it goes to court.

This regulation tends not to be used, especially if a police officer doesn’t see the driver actually driving on to the pavement. A police officer may have “reasonable grounds” to believe the motorist drove on the pavement – it would be up to the courts to decide whether a driver was telling the truth should he claim his car was placed on the pavement with the use of a crane. However, unlike for a speeding offence a police officer has no power, in relation to driving on the pavement, to insist that the keeper of a vehicle tells of who was driving at any particular time. For this and other reasons the police generally don’t enforce this particular law and tend to refer complainants to local authority parking enforcement officers, who have few mechanisms in which to tackle the problem.

Now, back to that crane. If there was one knocking around the police officer should use it to lift cars off the pavement, ship them off to the pound and charge motorists for the process. Then perhaps our pavements could be freed of private property obstructing the public highway. But don’t stand still: highways, such as pavements, are there for passage, to be used to pass and repass, and obstruction of the highway is an offence. An offence only ever rarely enforced, of course, which is why motorists feel free to dump their motor vehicles on the carriageway, and have done so since the early days of motoring.

=================

Public Information Film ‘Don’t Park Your Car On The Pavement’, 1981:

‘The Young Ones’ spoof ‘Don’t Drive On The Pavement’, 1984:

Man On TV: Let’s assume for one moment… that this table is a crowded shopping street on a Saturday afternoon. And this… meringue, filled with whipped cream, is a young mother weighed down with groceries. And this… juicy, over-ripe tomato is a tiny little girl, who doesn’t know what a dangerous place her exciting new world is. And let’s assume that this… clingfilm parcel, of mashed banana and jam, is a deaf senior citizen, who is in a wheelchair, and is blind. And this… cricket bat, with a freeze-block nailed to it, is your car. Now what happens when your car mounts the pavement?
[annihilates the meringue, tomato and parcel of banana and jam with the cricket bat]

Think once. Think twice. Think DON’T DRIVE YOUR CAR ON THE PAVEMENT.

Posted in 1830s, 1880s, Road rights · 1 Reply ·

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December 12, 2012 by carltonreid

Quirky 1835 law means bicycles can’t be ridden on pavements but police tend not to nab cars which park on pavements

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It’s ironic, but the law that states cyclists shouldn’t ride on pavements is the same law that could be used to prevent motorists from parking on pavements. Which is the greater social ill? If you believe vitriolic letters in local and national newspapers you would think it’s the former. Parking on infrastructure meant for pedestrians, two wheels or more over the kerb, is now so endemic it’s perceived to be perfectly normal and therefore correct.

Those who rant at cyclists for pavement riding tend not to rant at motorists committing the exact some offence. The offence was introduced in 1835. While all other parts of the 1835 Highway Act have been either amended or repealed, clause 72 remains in force. It’s a juicy one:

“If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon.”

The key phrase is “carriage of any description”. That is a cover-all that is still in force. Motor cars were classed as carriages in the 1903 Motor Car Act; bicycles were so classified in 1888. The operators of bicycles and cars have the same road rights, that is, being able to pass and repass over the public highway. Stopping for any length of time is a grey area, with a mishmash of laws, and parking of a carriage is also caught up in a swirl of conflicting legislation.

However, clause 72 of the 1835 Highway Act is clear: carriages must not “ride upon any footpath or causeway by the side of any road.”

The 1835 act didn’t mention bicycles (pedal propelled bikes weren’t developed until the late 1860s) and so, at first, bicycles had no legal status, no legal right to be on either roads or footpaths. Since its foundation in 1878, the Cyclists’ Touring Club has fought tooth and nail to secure highway rights for cyclists.

The CTC was founded to:

“secure a fair and equitable administration of Justice as regards the right of bicyclists to the public roads. To watch the course of any legislative proposals in Parliament or elsewhere affecting the interests of the bicycling public, and to make such representations on the subject as the occasion may demand.”

The council of the CTC wanted cyclists to be seen as responsible citizens and it invoked the “golden rule”, the do-unto-others prescription:

“[We] specially urge on every individual rider the desirability of extending to all that courtesy which be would have shown to himself. The present prejudice against bicycling has been partly caused (and cannot but be fostered and increased) by a disregard to the feelings of other passengers on the road; and although the right of the bicyclist to the free use of the public highway should be at all times maintained, any needless altercation should be studiously avoided.”

Cyclists were the newest user of the public highway and could easily be banned, nationally as well as locally.

In 1878, the year when the CTC was founded, the case of Taylor v. Goodwin was pivotal. Mr. Justice Mellor and Mr. Justice Lush, sitting in banco in the Queen’s Bench Division, held that bicyclists were liable to the pains and penalties imposed by the 1835 Highway Act.

The case had been brought against a Mr Taylor who had been charged for “riding furiously” down Muswell Hill in London, knocking down a pedestrian in the process. His defence argued that as a bicycle wasn’t defined as a carriage in the 1835 Act there was no case to answer. The plea was disregarded and Taylor was fined. The case was appealed and justices Mellor and Lush ruled that bicycles were henceforth to be considered carriages under the law.

This was bad for Taylor, good for cyclists in general. It meant bicycles, for the first time, had a legal status. Described as carriages, they had full legal rights to pass and repass along highways (and highways are not just ‘roads’, they’re carriageways, footpaths, bridleways, everything).

The legal definition of bicycles as legitimate highway users was further strengthened in 1888. The Local Government Bill of this year created County Councils. The Cyclists’ Touring Club formed a committee to oversee the progress of this bill through Parliament. It was feared that if County Councils were given powers to create their own bye-laws such bye-laws would be used to prohibit bicycles. The CTC had political clout: it asked one of its members – who just so happened to be an MP – to lodge an amendment to the Bill. Sir John Donnington “won a brilliant victory for the Club,” wrote James Lightwood, the author of a 1928 history of the CTC.

When the Act – with the critical amendment – was duly passed, a writer in the Law Journal said the Local Government Act of 1888 was the “Magna Carta de Bicyclis.”

Lightwood said:

“As a result there disappeared…every enactment which gave to Courts of Sessions, Municipal Corporations and similar bodies in England and Wales power to resist and hamper the movements of cyclists as they might think fit. The new order of things established once and for all the status of the cycle.”


The status of a bicycle as a “carriage” is an important legal one but the terminology did not follow through to popular use, as shown by the words of Henry Dacre’s music hall song Daisy Bell which emphasises that carriages and bicycles are two different things:

It won’t be a stylish marriage,
I can’t afford a carriage,
But you’ll look sweet upon the seat
Of a bicycle made for two.

Nevertheless, the legal definition of bicycles as carriages allowed cycling to prosper. Without a clearly defined and nationwide legal status, it would have been easier for localities to ban the use of bicycles.

Section 72 Highways Act 1835 is used in the current Highway Code. Rule 145 states:

“You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.”

Since January 1999 a fixed penalty notice can be issued with the offender given a ticket with fine and points attached unless they appeal in which case it goes to court.

This regulation tends not to be used, especially if a police officer doesn’t see the driver actually driving on to the pavement. A police officer may have “reasonable grounds” to believe the motorist drove on the pavement – it would be up to the courts to decide whether a driver was telling the truth should he claim his car was placed on the pavement with the use of a crane. However, unlike for a speeding offence a police officer has no power, in relation to driving on the pavement, to insist that the keeper of a vehicle tells of who was driving at any particular time. This particular quirk of the law could be remedied by politicians in an instant, but MPs – despite many promises – have over the years repeatedly failed to give the police this simple expedient. For this and other reasons the police generally don’t enforce this particular law and tend to refer complainants to local authority parking enforcement officers, who have few mechanisms in which to tackle the problem.

Now, back to that crane. If there was one knocking around the police officer should use it to lift cars off the pavement, ship them off to the pound and charge motorists for the process. Then perhaps our pavements could be freed of private property obstructing the public highway. But don’t stand still: highways, such as pavements, are there for passage, to be used to pass and repass, and obstruction of the highway is an offence. An offence only ever rarely enforced, of course, which is why motorists feel free to dump their motor vehicles on the carriageway.

Posted in 1830s, Automotive history, CTC history, Road rights · 7 Replies ·

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November 30, 2012 by carltonreid

Parking private property on the street is a modern malaise (and not done in Japan)

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In last week’s Sunday Times, the newspaper’s ‘motormouth’ correspondent Mike Rutherford wrote:

“Parking is now officially, in my book at least, one of the undisputed rip-offs of the decade.” He claims he will no longer pay for “heinously expensive spaces” and will be “refusing to drive or visit town centres and using out-of-town shopping centres instead.”

Rutherford, like many motorists, believes private property (cars) should be allowed to be stored on public infrastructure (roads) paid for not by motorists but by all tax payers. Many of those who live beside roads believe they have the absolute right to park outside their front door, even though such rights rarely exist.

This belief in the unalienable right to park, for free, anywhere where there’s not a double yellow line or a pay car park, is a strong one. And it’s relatively new.

Up until the 1920s, few people had cars and those that were owned were usually accommodated off the public highway when not in use. Cars were stabled, just as horses had been done before the advent of the ‘horseless carriage’.

bentonbridgeparking

Now it’s difficult to get moved on many urban roads because they’re narrowed by parked cars, very often illegally parked cars, with two wheels on the part of the highway meant for pedestrians.

Such storage of private property on the public highway would have been unthinkable to previous generations, as was pointed by the brilliant economist Ralph Turvey – a professor at the LSE and economist for the World Bank and other organisations – in his classic treatise ‘Street Mud, Dust and Noise’ (London Journal 21, 1996).

Professor Turvey wrote:

“In the nineteenth century the streets were clear from kerb to kerb for the sweepers, water carts and broom machines to do their work in the small hours. Horses and carts or carriages were not left in the street at night, and when – a rare occurrence – unhorsed cabs were left all night on carriageways, the offenders were fined. Victorian London may have been smelly, dusty and muddy, but it had no parking problem.”

Bit by bit we have allowed private property to be dumped in public spaces, and most people don’t give this a second’s thought.

And it doesn’t have to be this way. In Japan, in order to own a car, you must prove that you have a off-street parking space. This parking certificate is called shako shoumei, named for the Shako Law, in force since 1958.

In the UK no such proof is required. We endure clogged streets, dangerous for pedestrians, cyclists and motorists, but this is seen as normal. It wasn’t normal in the past and it’s not normal in every other car-saturated nation.

With less parked cars blocking roads (and pavements), our towns and cities would be better places to live.

Posted in 1890s, Automotive history, Pedestrianisation, Road rights · 4 Replies ·

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October 27, 2012 by carltonreid

Mayor of New York says roads are not for cars. And cyclists and pedestrians are “more important” than motorists

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BloombergQuotes

Back in July, Michael Bloomberg, Mayor of New York City, cut the ribbon on a new 20mph ‘slow zone’ in New York and said:

“Our roads are not here for automobiles. Our roads are here for people to get around.”

At a conference earlier this week Bloomberg went further. He told delegates at the Designing Cities conference – hosted by city Department of Transportation Commissioner Janette Sadik-Khan – that:

“The streets were there to transport people. They are not for cars…Cyclists and pedestrians and bus riders are as important, if not, I would argue more important, than automobile riders.”

Posted in Road rights · 10 Replies ·

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October 3, 2012 by carltonreid

Beak wants bike ban on many A-roads

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Judge Simon Tonking of Stafford Crown Court has today written to The Times urging for cyclists to be banned from riding on many A-roads.


Sounds sensible, doesn’t it? What kind of crazy bicycle riders want to ride on quasi-motorways? (Er, apart from time trialists)? But the great majority of A-roads are traditional through routes, often with few alternatives for non-motorised users. Banning cyclists from A-roads – the great majority of which are historic highways not originally built for cars – in some areas would be tantamount to banning all non-urban cycling.

Clearly, most cyclists would prefer to ride on roads not at all clogged with fast-moving motorists but this is not always possible. In densely populated parts of the country there’s a dense network of roads and – usually – many alternative routes for cyclists to use. But in many areas the A-road network has to be used by cyclists, even if just partially. And many towns and villages have A-roads running through them, often with mentally fast speed limits.

Judge Tonking says his ban idea is for the “safety of cyclists” but his track record isn’t a stellar one where cyclists are concerned. In April a motorist who killed a cyclist on an A-road was spared jail by Judge Tonking.

The judge’s letter in today’s Times offers a “remedy” to such deaths: “take [cyclists] away from some of our more dangerous trunk roads where traffic is both heavy and fast moving.”

His behind-the-paywall letter says:

“As one who has the painful duty of sitting on cases involving the death of or serious injury to cyclists caused in road traffic accidents, several (but not all) of which have been accepted or found to have been caused by dangerous or careless driving of motor vehicles, I have seen the devastating consequences of such accidents.

“One immediate remedy, suggested in the light of hearing much evidence about such cases, is to remove all cyclists from any dual-carriageway which is not subject to a speed limit of 30, or possibly 40, mph. This would not prevent cyclists from using dual-carriageways in urban areas but would take them away from some of our more dangerous trunk roads where traffic is both heavy and fast moving. Any cyclist, particularly a lone cyclist who is not wearing high-visibility clothing, is at huge risk on such roads from vehicles approaching from behind at a (legal) closing speed of up to 60 mph. At such a closing speed a relatively small and very vulnerable “object” is coming into view at the rate of 60ft per second and in a moment’s inattention irreparable damage is done.

“Lest it be said that cyclists have a right to use such roads and it is up to other road users to be vigilant, the fact is that no cyclist, or even motorcyclist with a machine of small capacity, is permitted to use any motorway. As a matter of logic and realism the same should apply to dual carriageways where the speed limit is not significantly restricted.”

This last paragraph is quite the shocker, especially given Judge Tonking’s ‘form’ on such matters. In April, he deliberated on the case involving the death of Patrick Kenny, a 72-year old record breaking cyclist.

Mr Kenny was killed by Andrew Mylrea, a Rolls-Royce aero-engine Associate Fellow, who was driving “about 60mph” as Kenny cycled along the A38 slip road near Burton upon Trent. [Note: slip road].

Mylrea, driving a BMW, was convicted of causing death by careless driving at Stafford Crown Court and banned for driving for a year. Mylrea could have been locked up for five years but Judge Tonking decided not to jail him, saying: “This is not a case for a custodial sentence. This was a complete aberration. Your carelessness was failing to see Mr Kenny and his bicycle.”

Judge Tonking’s request for cyclists to be banned from A-roads is odd because cyclists can already be so banned. Many stretches of quasi-motorway have such bans in place, via bog-standard traffic regulation orders. And, of course, the very fact many A-roads are choked with cars is reason enough for most cyclists to avoid them, a de facto ‘ban’.

While many A-roads have been widened and signed to suit the needs of fast moving motorised traffic, they were not originally built for this purpose. Most of Britain’s A-roads were built as turnpikes for stagecoach traffic. With the coming of the railways, these ‘national’ roads fell into disuse and were first revived by cyclists in the 1870s, as has been pointed out numerous times on this blog-of-the-book.

Many trunk road dual carriageways were also originally turnpikes – many are also Roman in origin – although look and feel like motorways, the highways built specifically for motorised use. Given that many A-roads – and even many trunk roads – are sometimes the only A to B access between places, calling for blanket bans is a very serious matter, especially when it comes from a figure such as a judge. [Perhaps if Judge Tonking had experience of such roads from the cyclist's perspective he might come to a different conclusion? We need more beaks on bikes...]

Naturally, such bans are sometimes raised in parliament. Last year Uttoxeter MP Andrew Griffiths wanted to discuss such a ban with local cycling clubs following the death of a cyclist. The lorry driver who killed the cyclist had been sending and receiving text messages on his mobile phone in the minutes leading up the collision.

Perhaps MPs and judges who ask for cyclists to be banned from A-roads ought to demonstrate how cyclists can still transit the area in question, without huge diversions? If there is no latticework of alternative, quieter routes shouldn’t such calls for bans go hand in hand with infrastructure provision? By all means seek a safe solution for all but this ought to include good, usable routes for non-motorised road users. If there’s no room, cash or inclination for such provision, banning such road users would be unfair in the extreme.

Open Road motorway at night

Posted in 1870s, 1880s, 1890s, Newspapers, Road rights, The Times · 12 Replies ·

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July 11, 2012 by carltonreid

NYC mayor: “Our roads are not here for automobiles.”

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Michael Bloomberg, Mayor of New York City, yesterday cut the ribbon on a new 20mph ‘slow zone’, one of thirteen to be in place in the city by the end of next year.

Tellingly, he said:

“Our roads are not here for automobiles. Our roads are here for people to get around.”

New York City is still choked with cars and trucks but, bit by bit, NYC is becoming more people friendly. Bloomberg and his Transportation Commissioner Janette Sadik-Khan are willing to stand up to those who believe cars have more rights in cities than pedestrians, cyclists and other road users.

Posted in American roads, Road rights · 2 Replies ·
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  • A gamble or a sure thing? Here’s how to succeed with Kickstarter (& don’t forget the deductions)
  • Cities are not set in stone, stone can be moved

Recent Comments

  • Masamba Zuberi on Ride your bicycle on a Sunday? Go to Hell!
  • Mark Calvin on Detroit’s most famous cyclist: Henry Ford
  • carltonreid on The sad tale of a cycle network innovator forgotten by the New Town he built
  • rich257 on The sad tale of a cycle network innovator forgotten by the New Town he built
  • Anonymous on A gamble or a sure thing? Here’s how to succeed with Kickstarter (& don’t forget the deductions)

Thanks to

cycle-claims

Blogroll

  • Chartered Institution of Highways & Transportation
  • CTC – sticking up for cyclists since 1878
  • Cycling Embassy of GB – sticking up for cyclists since 2011
  • How We Drive
  • iPayRoadTax.com
  • Joe Moran's Blog
  • League of American Cyclists – sticking up for cyclists since 1880
  • Rees Jeffreys Road Fund
  • Road.cc
  • Wheelmen

Thanks to

cycle-claims

Book free due to:

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Archives

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Contact

CARLTON REID
carltonreid@mac.com
LinkedIn
Twitter
Tel: +44 191 265 2062

Clicky-flicky pitch

You can learn more about this e-book in the 8-page pitch on issuu.com. If you're accessing this site from an iPad, click on the iPad-specific link instead.

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