From: usenet@listmail.good-stuff.co.uk
On Thu, 7 Aug 2025 16:28:42 -0000 (UTC), Jethro_uk
wrote:
>I wonder what the situation would be if a pedestrian (old style, on
>foot :) ) were to walk in the road blocking traffic, when there is a
>perfectly serviceable pavement for them ?
>
>The legal situation. The reality would eventually be some sort of
>encounter with Darwin.
The legal situation is that they are acting perfectly lawfully (unless it's
a motorway or other special road). Unlike some less developed countries, the
UK treats pedestrians as the most important users of the highway, not the
least, and places very little restriction on which parts of the highway they
may lawfully use.
Powered wheelchairs, however, are not pedestrians. They are motor vehicles,
and must therefore comply with the relevant legislation in order to be able
to use the carriageway.
To generalise that, a public highway typically comprises one, two or three
components: a carriageway, a cycleway and a footway. The carriageway may be
further subdivided into lanes set aside for different classes of vehicles
(eg, buses), and a highway often also has a verge, which is not intended for
travel but is nonetheless the responsibility of the highway authority. But
disregarding bus lanes and the like, and ignoring the verge, usage rights
are hierarchical:
* Pedestrians may use any part of the highway.
* Pedal bicycles may use the cycleway and the carriageway, but not the
footway unless the footway is explicitly designated as shared use.
* Motor vehicles may only use the carriageway, and not the footway or
cycleway unless explicitly permitted to do so.
There are a number of exemptions to the third rule restricting motor
vehicles to the carriageway. One is that class 2 or class 3 invalid
carriages (aka mobility scooters and powered wheelchairs) are permitted to
use the footway and cycleway. Another is that self-propelled street cleaning
vehicles are permitted to use the footway and cycleway, but only as is
necessary for the purpose of cleaning them. And a third is that
self-propelled (ie, ride-on) lawnmowers are permitted to use the footway or
cycleway where necessary to facilitate access to the verge.
There are also some explicit exemptions to the definition of "motor
vehicle". A mechanically propelled vehicle controlled by a pedestrian (eg, a
powered hand-cart) is not a motor vehcile, in law it is the same as an
unpowered hand-cart. And an electrically assisted pedal cycle which meets
certain criteria is legally a pedal cycle despite being capable of
self-propulsion.
These two different types of exemption are a common source of confusion. An
electric bicycle can use a cycleway because, in law, it's not a motor
vehicle (but it still can't use the footway). But a mobility scooter or
powered wheelchair is a motor vehicle, but nonetheless has a specific
exemption permitting it to use a footway or carriageway.
What this also means is that, in order to legally use the carriageway,
mobility scooters and powered wheelchairs must meet the Construction and Use
Regulations and be registered with DVLA, because they are motor vehicles.
Those that do not meet the regulations, despite being motor vehicles, are
restricted to the footway and cycleway and may not use the carriageway. But
electric bicycles are not subject to C&U and don't need to be registered,
because they are not motor vehicles.
Mark
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