Cyclists claim immunity from 20mph speed limit in Richmond park

By Rory Poulter

7th Oct 2021 | Local News

Cyclists claim they have been given the green light to fly through Richmond Park at above the 20mph limit that applies to cars.

They argue that a letter received from the Royal Parks, which followed a Freedom of Information Act request, makes clear that the speed limit does not apply to them.

The claim raises some questions about how the police can keep the roads through Richmond and Bushy parks safe and protect pedestrians, including families and dog walkers, as well as cyclists themselves.

The bylaws covering road safety and speed limits in the Royal Parks have changed several times in recent years, but it is known that the police have prosecuted a number of cyclists for breaking the 20mph limit.

It now appears that both the police and prosecuting authorities may themselves have acted unlawfully.

It is commonplace for cyclists to reach well over 20mph on stretches of the park roads, particularly on some long downhill stretches.

Few prosecutions have been publicised, however it is known that a 16-year-old was taken to court for doing 37mph on Sawyers Hill in 2019. At the magistrates court, he was ordered to pay £85 in costs, a £15 victim surcharge and given a conditional discharge.

A number of people describing themselves as Royal Parks police officers on Twitter and cycling forums say that they have continued to bring successful prosecutions against other cyclists since then.

Often cyclists will overtake cars that are sticking to the 20mph limit, which can cause some antagonism. There are also concerns for the safety of cyclists themselves, given a number have been injured in high speed incidents.

One of the main reasons that the limit exists is to protect the wildlife, including deer, which will often wander across the roads which snake through the Royal parks.

In June, a young deer was hit and killed by a cyclist on Broomfield Hill. At the time, the Royal Parks Police said: "Please can all cyclists take extra care in Richmond Park during the deer birthing season."

In 2019, an Olympic triathlete, Stuart Hayes, suffered a broken pelvis when he was in collision with a deer in the park.

The statement that the 20mph limit does not apply to cyclists emerged in response to an FOI inquiry from a cycling campaigner who has adopted the Twitter name 'The Department of Parks & Recreation'.

A letter he received from the Royal Parks made clear that the normal laws covering public roads do not apply in Richmond, Bushy and most other green spaces they control.

Specifically, it stated: "The roads in the Royal Parks are Crown Roads managed under the authority of the Secretary of State for DCMS.

"The speed limits on the roads are specified in The Royal Parks and Other Open Spaces Regulations 1997 as amended.

"Section 4 (28) requires that: 'No person shall drive or ride any vehicle on a Park road in excess of the speed specified in relation to that road in Part II of Schedule 2 of these Regulations.' (Part II schedule 2 lists the parks that that have vehicular access.)"

That speed specification is 20mph, however cyclists have seized on one section of the letter, which states: "These regulations apply to motorised vehicles, not bicycles."

The cycling campaigner said it is now clear that the police should not be prosecuting bike riders for going above 20mph.

He wrote: "In Richmond Park we have an absurd situation in which the park believes the speed limit does NOT apply to cyclists; yet the police act as if it does, and charge cyclists accordingly."

Tim Lennon, the convenor of Richmond Cycling Campaign, told Nub News: "I think that there have been successful prosecutions because the cyclists didn't have a good lawyer. It'll be interesting if there's an appeal to one of these.

"We do receive complaints about cyclists speeding, the reality is that the vast majority of cyclists in the park are moving at a safe pace, and riding appropriately for the conditions."

Despite the letter from the Royal Parks stating bicycles are not covered by the speed limit, the issue remains a grey area and has sparked heated exchanges online, for example on the road.cc website here.

One contributor wrote: "I am one of the police officers who work in the Royal Parks and we do report cyclists for speeding.

"Every single case we have reported to court has been successfully prosecuted, so the lawyers and magistrates do agree with us."

     

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