Driving (Moving Traffic) Penalty Charge

Driving (Moving Traffic) Penalty Charge

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ec1 eex

Original Poster:

396 posts

242 months

Sunday 26th June 2022
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I recently got a PCN for pushing my motorbike through one of these signs in an LTN (low traffic neighbourhood) in Islington, London

I appealed it on the grounds that I was a pedestrian and not a motorist as I had dismounted, turned off the engine and pushed it which is supported by the photos, but the council isn't having any of it. Do I have grounds for appeal? In plain English, it certainly doesn't feel like pushing a motorbike falls into either a driving or moving traffic issue.

Not a defence, but the crazy thing is that this "filter" is designed for the area to be a low traffic neighbourhood and to have driven around it and back would add another 1 mile in and 1 mile out of the LTN. In London congestion (made worse by the low traffic neighbourhoods), that's 5 mins on the bike, and could be more than 10 in a car.

Pica-Pica

13,792 posts

84 months

Sunday 26th June 2022
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The sign means ‘no motor vehicles’.

Spitfire2

1,918 posts

186 months

Sunday 26th June 2022
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What would your be if someone pushed a car through the sign?

Spitfire2

1,918 posts

186 months

Sunday 26th June 2022
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Spitfire2 said:
What would your view be if someone pushed a car through the sign?

peterperkins

3,151 posts

242 months

Monday 27th June 2022
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Pushing is 'using' & 'driving' a motorcycle so yes they got you but we need to rebel against this sort of ste.

Edited by peterperkins on Monday 27th June 08:53

Plymo

1,152 posts

89 months

Monday 27th June 2022
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On the other hand though there's been cases where it's been decided that someone pushing a bicycle is a Pedestrian, not a Cyclist.
No idea how that relates to a motorbike and a "no motor vehicles" sign though.

Solocle

3,292 posts

84 months

Monday 27th June 2022
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Plymo said:
On the other hand though there's been cases where it's been decided that someone pushing a bicycle is a Pedestrian, not a Cyclist.
No idea how that relates to a motorbike and a "no motor vehicles" sign though.
This sign prohibits all vehicles except pushed cycles, which is explicit in the legal definition, rather than implicit.

Curious whether that was the only prohibitive sign, I pushed my cycle...

Anyway, the pushing a cycle across a pedestrian crossing judgement, you count as a pedestrian.

But consider traffic lights. The offence is "propelling" a vehicle across the stop line. Pushing will almost certainly be considered propelling. Now, if you carried the cycle, that might be a different issue.

If you can lift your motorcycle or car, I'm not going to argue with you smile

pavarotti1980

4,897 posts

84 months

Monday 27th June 2022
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Regardless of the validity of the ticket on this occasion, these sorts of things will only get worse now TfL have the power to enforce road traffic legislation

ec1 eex

Original Poster:

396 posts

242 months

Monday 27th June 2022
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Guess they have me. Thanks all.
Top tip - don't take prompts from Mr Bean when it comes to traffic laws.

Bennet

2,122 posts

131 months

Monday 27th June 2022
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You pushed your motorbike through one of these, then got back on and rode off?

10 out of 10 for audacity.


Pica-Pica

13,792 posts

84 months

Monday 27th June 2022
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Plymo said:
On the other hand though there's been cases where it's been decided that someone pushing a bicycle is a Pedestrian, not a Cyclist.
No idea how that relates to a motorbike and a "no motor vehicles" sign though.
In the given example by OP, cycling is allowed. If it were a simple red circle with a white background, then that is NO VEHICLES’, including riding a bicycle, but pushing a pedal cycle IS allowed.
https://assets.publishing.service.gov.uk/governmen...

Pica-Pica

13,792 posts

84 months

Monday 27th June 2022
quotequote all
Solocle said:
This sign prohibits all vehicles except pushed cycles, which is explicit in the legal definition, rather than implicit.

Curious whether that was the only prohibitive sign, I pushed my cycle...

Anyway, the pushing a cycle across a pedestrian crossing judgement, you count as a pedestrian.

But consider traffic lights. The offence is "propelling" a vehicle across the stop line. Pushing will almost certainly be considered propelling. Now, if you carried the cycle, that might be a different issue.

If you can lift your motorcycle or car, I'm not going to argue with you smile
‘ Anyway, the pushing a cycle across a pedestrian crossing judgement, you count as a pedestrian.’
You can ride across on a Toucan crossing, but I have not seen one for ages.

Solocle

3,292 posts

84 months

Monday 27th June 2022
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Bennet said:
You pushed your motorbike through one of these, then got back on and rode off?

10 out of 10 for audacity.

I was once out for a bike ride, waiting at a red light, when I noticed that all the pedestrian crossings went green at the same time. I jogged my bike across the junction. After all, it was a green man, and I was on foot... judge

Pica-Pica said:
‘ Anyway, the pushing a cycle across a pedestrian crossing judgement, you count as a pedestrian.’
You can ride across on a Toucan crossing, but I have not seen one for ages.
I mean, such a crossing is a pedestrian and cycle crossing, a fair few near me. There are also the newfangled tiger (parallel) crossings, which function like zebras.

ec1 eex

Original Poster:

396 posts

242 months

Monday 27th June 2022
quotequote all
Bennet said:
You pushed your motorbike through one of these, then got back on and rode off?

10 out of 10 for audacity.

I did, with the ignition turned off. I was under the impression that it made me a pedestrian at the time rather than a driver. I certainly didn't feel any more dangerours than a pensioner pulling a shopping trolley through.

Stick Legs

4,909 posts

165 months

Monday 27th June 2022
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Solocle said:
This sign prohibits all vehicles except pushed cycles, which is explicit in the legal definition, rather than implicit.

Curious whether that was the only prohibitive sign, I pushed my cycle...

Anyway, the pushing a cycle across a pedestrian crossing judgement, you count as a pedestrian.

But consider traffic lights. The offence is "propelling" a vehicle across the stop line. Pushing will almost certainly be considered propelling. Now, if you carried the cycle, that might be a different issue.

If you can lift your motorcycle or car, I'm not going to argue with you smile
M5 underpass near Taunton Services?

Solocle

3,292 posts

84 months

Tuesday 28th June 2022
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Stick Legs said:
M5 underpass near Taunton Services?
Nope, that's the M4, Fosse Way underpass.

Another curiosity is at Avonmouth:



PaulD86

1,661 posts

126 months

Tuesday 28th June 2022
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Solocle said:
Nope, that's the M4, Fosse Way underpass.

Another curiosity is at Avonmouth:
That is a curiosity. Legally a speed limit must be a multiple of 10, unless there has been an exemption signed for it - IIRC this needs to be signed by the minister for transport or something. There have been instances of 15mph limit signs being put up and the police admitting they are not enforcable.

Canon_Fodder

1,770 posts

63 months

Tuesday 28th June 2022
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OP My opinion is that you do not have grounds for appeal



Solocle

3,292 posts

84 months

Tuesday 28th June 2022
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PaulD86 said:
That is a curiosity. Legally a speed limit must be a multiple of 10, unless there has been an exemption signed for it - IIRC this needs to be signed by the minister for transport or something. There have been instances of 15mph limit signs being put up and the police admitting they are not enforcable.
I think it might be different there, because it's a special road, rather than a public highway.

Likewise the Severn Bridge

Now, if only we could turn this one sideways... evil


Edited by Solocle on Tuesday 28th June 08:28

gareth_r

5,728 posts

237 months

Tuesday 28th June 2022
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Solocle said:
Nope, that's the M4, Fosse Way underpass.

Another curiosity is at Avonmouth:

Those are some pretty small motorcyclists. smile