What's the story with dismounting and walking your bike at railway crossings at the place where pedestrians cross?
Last night I crossed a railway pedestrian crossing, un-cleated one foot, dismounted from the saddle and slowly (at walking pace) crossed over. I didn't walk beside my bike. A security guard approached me and told me to walk my bike and threatened to book me next time.
I am more than happy to comply with the law just want to know what the law is exactly.
I'll be walking across tonight...
I figure if I can park my bike and walk to get a latte, I can manage a train crossing :-P
Without researching, I'd be a little surprised if it was that specific. I would think it would come back to the general understanding of the term 'walking' - i.e. walking. Even though you were going walking pace, you weren't walking. If an unexpected event happens with pedestrians around you, there is less control than when walking. You may well be perfectly in control and posing a threat to no-one, but technically ... I normally walk at pedestrian crossings with others about - and stay on the bike when I'm the only one. I do walk the pedestrian train-track crossings regardless (that's more about the twisty-turny bits being too good for me..).
There is often signage "cyclists dismount". Whether this is enforceable or in the absence of such instructions, I am unsure of the laws. Could a security guard charge you anyway?
I'm sure they would gladly issue an expiation notice, same as a parking infringement etc.
Yes, but a parking inspector has your vehicle rego. The infringement is only enforceable if they have your accurate details, do they have the right to ask for ID?
Now i sound like a criminal, I assure you all I am very law abiding!
the security guard has no rights to demand or insist on you providing any details, nor does he have any more rights to detain you then a normal citizen.
In fact all they are is a normal person with a uniform in the eyes of the law.
The Police Security Services Division guys do have some additional rights but they are normally only used at goverment buildings
Brisco "Bush Lawyers" from the Back o' Burke and Beyond the Black Stump, are pleased to supply the following which is in no way legal advice, but might be of general interest.
Raliway land is not public land it is a "transport corridor" owned by State government.
State government can make special laws for that land and regulations under the Act.These are Passenger Transport Regulations 2009, under the Passenger Transport Act 1994.
E.g regulation 125 ["prescribed premises" mean stations and station land - see section 3 of the Regulations.]
(1) A person who is in a regular passenger service vehicle or at prescribed premises
(a) comply with a reasonable direction of an authorised person; and
(b) obey any sign displayed in the vehicle or in or on the premises.
Maximum penalty: $750; Expiation fee: $105.
122—Pedal cycles, skateboards etc
(1) A person must not, without the permission of the regular passenger service operator—
(a) ride a bicycle, scooter, skateboard, roller-skates, roller-blades or similar
(b) ride, lead or tether an animal,
on prescribed premises.
Maximum penalty: $750; Expiation fee: $105.
So in short, if you didnt know the law, and there isnt a sign telling you to dismount - they can still get you using their officials.
Also relevant, road pedestrian crossings. Traffic law distinguishes vehicles and pedestrians - and as far as my bush lawyer knowledge goes, the only way you get to be considered a pedestrian, is if you are walking, dismounted off your bike, and wheeling it. scooting, coasting, pedalling etc.they can class you as a vehicle.
May seem petty, but a few too many people die every year at train crossings. Trains are quieter than most people think - have had 2 or 3 personal learning experiences of this, in remoter areas of Australia...
Lead or tether an animal?!
Looks like it's illegal for me to lead my dog through a railway crossing too.
I'll have to unleash her next time.
There should be a law against too many laws.
As for the rent-a-cop, tell em your name is John MoFo Smith and ride off.
pretty much nailed it Mike.
I personally was confronted by a Station Master as a kid and told to walk my bike. i have heard of other kids when (I was school age) being charged for riding at pedestrian crossings. Even to this day I very seldom ride at stations and crossings.
I feel pretty sure they are actually Federal Government land (like universities) so you commit a Federal offence if you get booked. Railways fall under different laws to roads.
I believe Rupert Murdoch put News Limited at Mile End so that if there was ever another strike like the one in Wapping UK, Unionists could not picket on federal land and therefore could not interfere with the supply of paper to his newspaper.
Just another point - the post here, is a good example of the Rule of Law .
Officials can't just do what they like - they can only do as authorized
That authorization has to be written, and allowed under e.g Parliament.
That writing, has to be available to the public, so anyone can see it, and check it, any time they want.
And thus find out whether officials are acting with in the law
OK it did take 15 min, 1 phone call, 2 Google searches, to get the regulations, and find the relevant one. But at least we can do that, and when we look there are regulations there. Not all countries are like that.
I find it hard to believe that a cyclist has to walk a bike through a crossing or down a subway ramp in cleats, ive lost count of how many times ive hit my leg with the pedals or slid down a wet ramp.
I wish the people who made these rules actually walked a bike through at least once
Be carefull, it'll be against the law to walk in unsafe shoes before long.