Issue - meetings

Report of Assistant Director – Regulatory Services and Community Safety

Purpose of report

This report asks the Executive to agree the fixed penalty notice fine level for cycling on footpaths.

Action to prevent cycling on pavements will contribute towards the delivery of the council’s objective to “work with partners to reduce crime and antisocial behaviour” within the Healthy, Resilient and Engaged Communities priority. It will also contribute towards the Enterprising Economy with Strong and Vibrant Local Centres priority. Tackling anti-social behaviour was also identified as one of the priorities for the council in the last residents survey.

 Recommendations

The meeting is recommended:

1.1       To set the fixed penalty notice amount to be applied to the offence of cycling on a footpath at £50 to align with Thames Valley Police.

Resolved

(1)          That the fixed penalty notice amount to be applied to the offence of cycling on a footpath be set at £50 to align with Thames Valley Police.

The Assistant Director – Regulatory Services and Community Safety submitted a report which sought agreement of the fixed penalty notice fine level for cycling on footpaths.

Action to prevent cycling on pavements will contribute towards the delivery of the council’s objective to “work with partners to reduce crime and antisocial behaviour” within the Healthy, Resilient and Engaged Communities priority. It will also contribute towards the Enterprising Economy with Strong and Vibrant Local Centres priority. Tackling anti-social behaviour was also identified as one of the priorities for the council in the last residents survey.

Resolved

(1)          That the fixed penalty notice amount to be applied to the offence of cycling on a footpath be set at £50 to align with Thames Valley Police.

Reasons

The offence for riding on a footpath is included in section 72 of the Highway Act 1835 along with other similar offences. The Police have accredited the council’s Community Safety Team officers with the power to issue fixed penalty notices to persons identified as committing this offence normally only available to Police Constables under section 54 of the Road Traffic Offenders Act 1988.

The penalty for an offence under section 72 of the Highway Act 1835 is stated as “any sum not exceeding level 2 on the standard scale”. Therefore, the council can determine the level of fine to apply. Level 2 on the standard scale is £500. Thames Valley Police have set the level of fine they apply for this offence at £50.

It is recommended that the council applies the same level of fine for this offence as Thames Valley Police to minimise the chance of challenge on the basis that similar offences in the same location attract different penalties depending on which organisation is issuing the notice.

Alternative options

Option 1: Set an alternative level of penalty to apply for this offence. Since this is a new power available to the accredited officers there is no data or information available to the council at this time to support setting the fine level at a different level to that determined appropriate by Thames Valley Police.

Option 2: To not set a fine level for this offence. This would result in the council being unable to issue fixed penalty notices for cycling on the footpath despite council officers being accredited to do so by Thames Valley Police.