Jump to content
Strawberry Orange Banana Lime Leaf Slate Sky Blueberry Grape Watermelon Chocolate Marble
Strawberry Orange Banana Lime Leaf Slate Sky Blueberry Grape Watermelon Chocolate Marble

NEW: Following member feedback, we now have a Mooring & Marina Review forum. Post your review here.

Featured Posts

Today I spoke with another boater 're putting Orange wrapping on pegs in the towpath. He suggested a number of boaters were being sued by cyclist who had come into contact with their pegs in the towpath.

 

Does anyone know of facts of this being true or is it a towpath myth?

 

Thanks for your replies 

Share this post


Link to post
Share on other sites

There has been one case recently, I am not aware of others but there could be more. Insurance companies might decide its easier to pay compensation that fight a legal battle. NABO are working on this but its quite complicated with "rights of way" and permissive paths etc..

Worth checking that you have suitable insurance and always put your pins in a sensible place and clearly mark them.

Looking at another recent cyclist case it might also be worth taking legal action against any cyclist who hits your pins so it is not one sided, so as soon as you get a summons mybe try to counter sue for reckless cycling????

Its a bit one sided as its impossible to identify bad cyclists but CRT will hand over your details based on your index number.

High speed cyclists on the towpath are very bad news for the waterways, recently met a group of walkers who said they don't like visiting the towpath anymore.

 

...............Dave

Share this post


Link to post
Share on other sites
3 minutes ago, TheBiscuits said:

I mark mine by tying a narrowboat to them with thick ropes.  It really helps to draw attention to the small bits of metal if you have a colourful boat, with obvious decoration on it, left near the path in the wet bit ...

alternately don't mark them, don't tie a boat to them, and let the cyclists take pot luck as they race down the path assuming they are immune from any hidden dangers.

 

 

 

 

....................   coat  :boat:

  • Greenie 1
  • Haha 2

Share this post


Link to post
Share on other sites

I always used to push a one litre plastic milk bottle over the top of mooring pins. Not only are they very clearly visible, they also afforded some physical protection if someone brushed against them.

 

 

Edited by David Schweizer

Share this post


Link to post
Share on other sites

I have seen people put yellow rubber gloves on them. I thought this was a good idea as they take little room to store. 

 

Share this post


Link to post
Share on other sites
28 minutes ago, David Schweizer said:

I always used to push a one litre plastic milk bottle over the top of mooring pins. Not only are they very clearly visible, they also affordwed some physical protection if someone brushed against them.

I usually push a cyclist over one or both of them, it warns other cyclists off, but does mean you have to move on after a couple of days when the carcasses start to rot, the lycra wont hold for ever you know..... 

  • Happy 1
  • Haha 2

Share this post


Link to post
Share on other sites
1 hour ago, dmr said:

There has been one case recently, I am not aware of others but there could be more. Insurance companies might decide its easier to pay compensation that fight a legal battle. NABO are working on this but its quite complicated with "rights of way" and permissive paths etc..

Worth checking that you have suitable insurance and always put your pins in a sensible place and clearly mark them.

Looking at another recent cyclist case it might also be worth taking legal action against any cyclist who hits your pins so it is not one sided, so as soon as you get a summons mybe try to counter sue for reckless cycling????

Its a bit one sided as its impossible to identify bad cyclists but CRT will hand over your details based on your index number.

High speed cyclists on the towpath are very bad news for the waterways, recently met a group of walkers who said they don't like visiting the towpath anymore.

 

...............Dave

Since any claim from a cyclist is likely to be coming from a Civil Court (I cannot think of any Criminal Offences that can be linked to knocking a mooring pin into the canalside) you would be better off making a counter claim for damage to your mooring pin. The reasonable defence for a boater would be that the pin was not knocked into the towpath but knocked into the grass alongside the canal so why was the cyclist riding on the grass and not on the path? (hopefully no-one is dumb enough to bang their pins actually into the towpath, are they?:unsure:).

 

Taking legal advice before contesting a claim may well be worthwhile since, before a Civil Court, if you lose your case you pay both sides costs, but on the other hand the level of proof is merely 'on the balance of probabilities' rather than the criminal level of proof of, 'beyond all reasonable doubt' that you would need for criminal offences. You will also find that most offences (RTA Sections 28 or 29 relating to dangerous cycling) need to be on a road, whereas Section 35 of the Offences Against the Person Act 1961 (Furious Driving of a carriage) needs to have caused injury. There is no offence of reckless cycling and there is also no offence of reckless driving as it was superceded by Dangerous Driving under the RTA 1991 since recklessness is notoriously difficult to prove.

 

  • Greenie 1

Share this post


Link to post
Share on other sites

I dont go boating on the road so wonder why cyclists cycle along the canal.

  • Happy 1

Share this post


Link to post
Share on other sites
13 minutes ago, mrsmelly said:

I dont go boating on the road so wonder why cyclists cycle along the canal.

'cos some of them are cycle paths (Bridgewater Way):rolleyes:

8 minutes ago, F DRAYKE said:

Do they wear wet suites when cycling along the canal?

Dunno, do you wear them when boating?:huh:

Edited by Wanderer Vagabond

Share this post


Link to post
Share on other sites
12 minutes ago, mrsmelly said:

I dont go boating on the road so wonder why cyclists cycle along the canal.

Some people take their boats on the road.

Share this post


Link to post
Share on other sites
4 minutes ago, Wanderer Vagabond said:

'cos some of them are cycle paths (Bridgewater Way):rolleyes:

Dunno, do you where them when boating?:huh:

And lots of them are not. Lets face it the reality is that yas got to be an eejut to get on a pedal cycle and it shows the way many of them use em!!

Edited by mrsmelly

Share this post


Link to post
Share on other sites
8 minutes ago, F DRAYKE said:

Do they wear wet suites when cycling along the canal?

Is that a three-piece or two prece suite?

 

  • Haha 1

Share this post


Link to post
Share on other sites
Just now, mrsmelly said:

And lots of the are not. Lets face it the reality is that yas got to be an eejut to get on a pedal cycle and it shows the way many of them use em!!

So am I going to walk to the nearest supermarket 3 miles away (2 hours there and back)? or hop on the bike (20 minutes each way if I take it leisurely)? and can carry more stuff, difficult call really innit;)

  • Greenie 3

Share this post


Link to post
Share on other sites
Just now, Wanderer Vagabond said:

So am I going to walk to the nearest supermarket 3 miles away (2 hours there and back)? or hop on the bike (20 minutes each way if I take it leisurely)? and can carry more stuff, difficult call really innit;)

Well personaly when cruising I ensure I pull up nearer than 3 miles away from a supermarket when out cruising, not being thick enough to need a bike I worked that out years ago ;)

  • Haha 1

Share this post


Link to post
Share on other sites
1 minute ago, mrsmelly said:

Well personaly when cruising I ensure I pull up nearer than 3 miles away from a supermarket when out cruising, not being thick enough to need a bike I worked that out years ago ;)

I prefer the peace and quiet of remote places rather than having to faff around on VM's that people obviously don't moor properly on;) each to their own. I suppose you are still thick enough to need a car though are you?

  • Greenie 2

Share this post


Link to post
Share on other sites
1 minute ago, Wanderer Vagabond said:

I prefer the peace and quiet of remote places rather than having to faff around on VM's that people obviously don't moor properly on;) each to their own. I suppose you are still thick enough to need a car though are you?

We always moor in quiet places but stop at shopping places first. When you have lived aboard as long as we have you may well be able to work it out. We do again have a car as its much, much, much cheaper than hiring when visiting our large family, in fact we have two cars as we can afford it and want two at present. We have often in the past been car less but we do what we want, when we want and  at present it suits to own cars. You will get the hang of it with more experience. ;) ;) ooh look, I out winked you 🙄

Share this post


Link to post
Share on other sites
3 minutes ago, mrsmelly said:

We always moor in quiet places but stop at shopping places first. When you have lived aboard as long as we have you may well be able to work it out. We do again have a car as its much, much, much cheaper than hiring when visiting our large family, in fact we have two cars as we can afford it and want two at present. We have often in the past been car less but we do what we want, when we want and  at present it suits to own cars. You will get the hang of it with more experience. ;) ;) ooh look, I out winked you 🙄

These would be the cars that sadly, these days, will be spending a good percentage of your trips to family, sitting in traffic admiring the back end of the car in front, or better still you can travel in convoy and can even admire the back end of your other car. Lost any interest in driving several years ago, I suppose I just grew out of it:rolleyes:

Share this post


Link to post
Share on other sites
Just now, Wanderer Vagabond said:

These would be the cars that sadly, these days, will be spending a good percentage of your trips to family, sitting in traffic admiring the back end of the car in front, or better still you can travel in convoy and can even admire the back end of your other car. Lost any interest in driving several years ago, I suppose I just grew out of it:rolleyes:

I am not going to continue playing tennis with you. You always like the last word so fill your boots. Suffice to say I very rarely end up in traffic jams where I go as non of my family live in town or city dumps. When you reply to this one see if you can get more silly winks in than I can :tired: :rolleyes: ;)

Share this post


Link to post
Share on other sites
1 hour ago, Wanderer Vagabond said:

There is no offence of reckless cycling

There was a court case (and a guilty verdict reached) a couple of years ago

The law used was 'Offences Against the Person Act 1861'. (Wanton or furious driving)

 

 

Mrs Briggs' family said they plan to campaign for tougher cycling laws to protect pedestrians. He said: "Out of this senseless carnage, I shall try to bring change to the law and change to attitudes. Perhaps in this way I can honour my wife."

Cycling furiously along the towpath

Cyclists need to remember this law whilst they are cycling furiously along the towpath. If they injure a pedestrian by 'wanton or furious driving or racing, or other wilful misconduct' with the result of causing 'any bodily harm to any person whatsoever' could mean they end up in prison for up to two years or having to fork out a hefty fine or both.

As can be seen, they would not need to kill anyone to be prosecuted, any bodily harm to any person whatsoever is sufficient for a prosecution and the law does not state that they have to be on a public road or footpath either so towpaths and private property are also covered.

Provide evidence

We boaters, as towpath users, need to be aware of this law and take measures to provide the police and other authorities with the evidence of cyclists who persist in riding in a wanton or furious manner or racing along the towpaths in order to get them stopped and/or prosecuted. Remember, speed trials are a form of racing and therefore fall within the remit of this law.

Also, I feel CaRT and local councils need to become aware that they could also, by not attempting to prevent furious riding or racing in any form by cyclists, become liable for a failure in their duty of care responsibilities.

CaRT could end up with a fine

If CaRT and local councils continue to upgrade all the towpaths to knowingly allow cyclists to race or ride furiously without including any other restrictions, i.e. speed humps, gates or even just a blanket speed limit to restrict cyclists then I feel that before long they could end up with a very hefty fine and a court order to implement measures of prevention.

Remember, aiding and abetting an offence is treated by the courts in just the same manner as actually committing the offence under British law.

Cyclists only one user of the towpaths

We pedestrians have the law on our side, we must put a stop to irresponsible and ignorant cyclists who insist that they have the right of way over everybody and anybody on any road, path, track or byway. Cyclists need to be made aware that they are only one user of the byways and that they are required to give way to others. On towpaths, the rules actually state that cyclists should give way to pedestrians.

Why do cyclists assume that all pedestrians are going to jump out of their way. Why should pedestrians have to step off the path into the mud and puddles just to let a speeding cyclist go past without even slowing down. What happens if the pedestrian is deaf and cannot hear the cyclist approaching from behind?

Not even need come in contact

This law, as it is, does not even need the cyclist to come in contact with the pedestrian for an offence to be committed as it states '...do or cause to be done any bodily harm...'.

It appears from this that a cyclist could be liable if, by their action, they just make a pedestrian fall over and injure themselves. Therefore any action by a cyclist that causes bodily harm in any way could constitute an offence under this law.

Not above the law

Cyclist need to be shown that they are not above the law and that other people, other byway users, also have rights and even have a right of way over cyclists in many cases.

One thing that needs urgent attention is the identification of cyclists to prevent them from just getting up and riding off after an accident without leaving any trace of who they are. Registration of all adult cyclists and a registration plate fixed to their bike is an urgent and long overdue legal need.

The law under which the cyclist was charged...

 'Offences Against the Person Act 1861'. This law is the closest to dangerous driving a cyclist can be charged with, and states

35} Drivers of carriages injuring persons by furious driving.
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

Edited by Alan de Enfield

Share this post


Link to post
Share on other sites

perhaps you could arrange for hoardings to be erected, displaying this information at every point of access to the towpath, arranged so that cyclists have to dismount and edge their way past the sign, hopefully without falling into the brambles on one side or the canal on the other. ........................  crowdfunding?

Share this post


Link to post
Share on other sites

All cyclists should obey the CRT code on the towpath. Where boats are moored they should take special care. Outside the ICC, in Birmingham, most cyclists DO NOT DO this and some pass at speed ringing bells or shouting for walkers or boaters to get out of their way. If the cycle catches a mooring ring, it has always been my belief that the fault is with the cyclist. Yet in our wonderful society there are lawyers and barristers who could make a case for the cyclist. To prevent this absurd result, the simplest course of action is to close the towpath section to cyclists and divert them along a road or off canal cycle path. 

Share this post


Link to post
Share on other sites

Yawn slow news day .

rode back 120 kms from boat yesterday another 240 kms worth of high priced road diesel not used. Birds sang in hedgerows , mumsies fumed in traffic  jams  in their suvs wingeing  about their children being damaged by pollution and how something needs doing.

Only used towpath for first 50 yards. I think every boat had a bike on the roof.

  • Greenie 2

Share this post


Link to post
Share on other sites
5 minutes ago, roland elsdon said:

Yawn slow news day .

rode back 120 kms from boat yesterday another 240 kms worth of high priced road diesel not used. Birds sang in hedgerows , mumsies fumed in traffic  jams  in their suvs wingeing  about their children being damaged by pollution and how something needs doing.

Only used towpath for first 50 yards. I think every boat had a bike on the roof.

I do not think that anybody is suggesting that cycling should be banned on the Tow-Path AS LONG AS the cyclists follow the rules - ie, "Pedestrians have priority".

 

By accepting money from various agencies to 'Tarmac over' the tow-paths and make them into cycle race-ways C&RT are condoning the reckless acts committed by cyclists.

 

Daft 'cardboard cut-outs and painting 'duck lanes' on the tow-path are no substitute for enforcement - if they are to allow cycling, then enforce the rules.

 

Duck Lanes, Share the Space

 

Share the space: sleeping policeman

Children may not understand what to do if a cyclist rings their bell; joggers and cyclists need to be aware that other people may not hear or see them coming, or it simply may not be possible to get out of the way. This is why towpaths have a pedestrian priority and it is especially important for those moving quickly (cyclists and joggers) to slow down and take care going under bridges or in other places where the sight line maybe poor.

  • Greenie 2

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.