Police threaten to confiscate child's bicycle

Police in Lincolnshire have threatened to confiscate a four-year-old girl's bicycle as she made her way to school because she was cycling on pavement.

Police threaten to confiscate child's bicycle

Dale Lindley told the BBC that his daughter Sophie was cycling with stabilisers in Grantham, when a policeman pulled over in his car and told them the little girl was breaking the law. Lindley claims the officer, who appeared unaware that the four-year-old was under the age of criminal responsibility and that police can exercise discretion for minor offences, said he check his mirrors as he drove away, and if he spotted her cycling again on the pavement he would confiscate the 16-inch wheel bike.

The police have since apologised for the incident.

Police guidelines from 1999 state fines are not aimed at those using pavements out of ‘fear of traffic’, provided they show consideration for pedestrians.

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Can my child cycle on the pavement?

There are confusing and often differing interpretations of what exactly constitutes a ‘pavement’ or ‘footway’ and the situation is not helped by the fact that many local authorities allow cycle access to what look like footways or pavements. The conditions under which walkways, footpaths, pavements or bridle paths can be ridden is dependent on local council bye-laws, which vary from council to council.

In the main, cycling on footways is technically prohibited for cyclists of any age In England and Wales. The legislation makes no exceptions for small wheeled or children’s cycles, so even a child riding on a footway is breaking the law. The maximum fine for ‘cycling on the pavement’ is £500. However this is usually enforced by way of a Fixed Penalty Notice (FPN) which carries a £30 fine if pleading guilty. Since FPNs can only be issued to those over 16 and the age of criminal responsibility is 10, technically only children below 10 years of age can cycle on footways without fear of any legal redress.

The police are, however, encouraged to show discretion towards younger children cycling on the pavement for whom cycling on the road would not be a safe option. Home Office guidance to police, traffic wardens and community support officers has also indicated that discretion should also be shown and FPNs only used where a cyclist of any age is riding in a manner that may endanger others.

For more advice, visit our page about cycling and the law

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