Illegal Use of Winnaway Path

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This topic contains 6 replies, has 4 voices, and was last updated by  alaniwi 2 months, 2 weeks ago.

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  • #3496

    Guy W
    Member

    Posted by Guy W on behalf of A Iwi
    This morning while walking on the Winnaway, I was passed by a motorcycle on the footpath. Obviously this is illegal, and also unpleasant and potentially dangerous for other users of the path.

    [See the full post at: Illegal Use of Winnaway Path]

  • #3497

    Didcotbob
    Member

    One has to be a little careful in Harbug citing legalities – I note that the current OCC interactive countryside access map has the Winnaway designated as a footpath only and *not* for cycling (but, clearly, not for motorised vehicles either)!!

  • #3498

    ribble23
    Member

    I also witnessed this as I was cycling up the road from the Rowstock roundabout the motorcycle took a left onto the A4185 then right onto Curie Ave so it appears they going to site.

  • #3499

    alaniwi
    Member

    It seems they’ve enabled my login so I can reply myself – thanks.

    To ribble23, definitely please can you report this. Even if you don’t have the reg, it might make all the difference between an uncorroborated report and one they can act on. Please mention when you saw it. I won’t tell you the time myself, in order to ensure that it is your own independent report.

    To Didcotbob, I see there is some discussion at http://www.cyclinguk.org/article/campaigns-guide/cycling-on-footpath-trespass , and regarding the question of “reasonable use” which they discuss there, clearly given that the council have resurfaced it in collaboration with Sustrans with the very intention of use by cyclists, it *easily* passes that test. In any case, it is *at worst* a civil trespass (though note the distinction between “footways” and “footpaths” discussed there). Regarding motor vehicles, it is a criminal offence. s.34(1) Road Traffic Act 1988.

  • #3500

    alaniwi
    Member

    Oh, and on the subject of legalities… *even* if the Winnaway does later get officially upgraded to a bridleway (and hopefully it will be), it is worth being aware that the law which grants cyclists a right of way on bridleways does so subject to an obligation to give way to pedestrians and horse riders:

    https://www.legislation.gov.uk/ukpga/1968/41/section/30

  • #3501

    Didcotbob
    Member

    Yes, notwithstanding the motorbike issue, it would probably be appropriate that HarBug/Sustrans ask the council (officially) to update their map in the light of the intended “reasonable” use demonstrated by the resurfacing.

  • #3502

    alaniwi
    Member

    @Didcotbob – if you are referring to the map at

    https://www.oxfordshire.gov.uk/countrysidemap/

    it would appear that the routes which are shown if you select “cycling” are simply based on the legal status (from the definitive map), and I guess that the site is not designed to accept any other source of data as input.

    You will see at:

    https://www.oxfordshire.gov.uk/cms/sites/default/files/folders/documents/roadsandtransport/oxfordcyclemap.pdf

    that parts of the Thames path are shown as recommended cycle route even though it is legally just public footpath, so the council certainly allow for this possibility, but I guess that the Countryside Access Map is not a place where this info can be displayed (short of a major redesign of the website).

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