Saturday, 3 January 2015

Crossings - Level, Zebras, Pelicans, Toucans, Puffins and Pegasus

There is a discrepancy between the Highway Code and the Law here !
The Highway Code could clarify whether it forbids cycles overtaking or being overtaken on crossings, by using the distinction between 'vehicle' and 'motor vehicle' precisely.

Actually, I would play safe, and leave the Highway Code as-is, for safety's sake.
It will be safer if cyclists neither overtake, nor are overtaken.

But we should definitely educate Driving Instructors, and also those who train and assess Driving Instructors, to err on the side of safety, instead of nit-picking about what are probably unintended loopholes in the Law !

Pedestrian crossings overtaking a cyclist ? - [ ]

Highway Code 191
You MUST NOT park on a crossing or in the area covered by the zig-zag lines. You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians.
Laws ZPPPCRGD regs 18, 20 & 24, RTRA sect 25(5) & TSRGD regs 10, 27 & 28
 ZPPPCR - The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400) Section IV para 24
"Prohibition against Vehicles Overtaking at Crossings"
24.  (1)  Whilst any motor vehicle (...) is proceeding towards the crossing, the driver of the vehicle shall not cause it (...) —
(a) to pass ahead of the foremost part of any other motor vehicle ...
(b) to pass ahead of the foremost part of a vehicle which is stationary [to give way to pedestrians]
Advice is duplicated in Highway Code point 165.

Cycling Across a Zebra Crossing ?

Rule 79

Do not ride across equestrian crossings, as they are for horse riders only. Do not ride across a pelican, puffin or zebra crossing. Dismount and wheel your cycle across.
Cyclists’ Use of Zebra Crossings - [ Technical Information Note No. 17 - Sustrans]
Legality of cycling across a zebra crossing? - [ CycleChat Cycling Forum ]
Zebra Crossings - Do you stop for Cyclists? - [ General Gassing - Pistonheads ]
A cyclist is a cyclist unless he/she is carrying it.... 
The following are taken from the Cyclists Touring Club's 'Off Road News, Issue 1'. 
'In the case of Crank v Brooks 1980 a motorist was prosecuted for injuring a cyclist pushing a cycle across a zebra crossing. In his judgement Lord Waller said ‘... the fact that the injured party had a bicycle in her hand did not mean that she was no longer a pedestrian”. This judgement was reinforced by the Department of Transport in a letter written in 1994 in which they confirm “....that a cyclist pushing a bicycle on a pedestrian facility is regarded as a pedestrian”.
If a cyclist is inclined to cross a crossing without stopping, then their days are numbered whatever happens, and I can't see how the driver can respond or made liable in that case. No motorist wants to run over a cyclist, so as long as the motorist has his affairs in order (eg license, no vehicle defects, an MOT, insurance and a good driving history) I can't see why the Police wouldn't side with the motorist if they are the only witness. 
I definitely do not stop for mounted cyclists at pedestrian crossings, the same as I wouldn't stop for a car that was for some reason also on the pavement when it shouldn't be.
A pedestrian only has right of way on a zebra crossing if their foot is on the carriage way; the kerb stone is the carriage way. If the foot goes down before you are in the zigzags they have right of way. If their foot goes down after you arrive in the zigzags you have right of way.
 See 'making rules up' !
General consensus is 'Dismount', but

See Also

The problem with (British) zebra crossings - [ As Easy As Riding A Bike ]
Zigzag lines at pedestrian crossings! - CTC Forum
The death of the zebra crossing? - [ As Easy As Riding A Bike ]
Toucan Play That Game – Let’s not make the mistake of continuing to lump pedestrians and cyclists together - [ As Easy As Riding A Bike ]
Crossing or not a crossing? - [ The Advanced Driving UK Forum ]
Unusual pedestrian crossings - [ The Advanced Driving UK Forum ]
The Zebra, Pelican and Puffin Pedestrian Crossings Regulations 1997
Crank -v- Brooks - an appeal - [ CTC Forum ]
Buckinghamshire 'road-rage' death: Murder arrests after man, 69, dies following zebra crossing row - [ Telegraph ]
Coventry driver escapes jail after killing cyclist on pedestrian crossing - [ ]
no zebra crossing may be installed on any road where existing traffic regularly exceeds its 30-mph speed limit by up to 5 mph more ?
"What the ever loving fuck? Seven toucans to cross?" - [ Nico Fanget on Twitter ]
Council contradicts Department of Transport on cyclists dismounting at zebra crossings – [ ]
Dragon’s Den Win for WLS Project - [ Wandsworth Living Streets ]
Shocking moment pedestrian is mown down on zebra crossing - [ Evening Standard ] - sun dazzle