 Inline
Skating & The British Law |
The United
Kingdom is becoming less & less skate friendly with parks
trying to ban skating & police stopping skaters in the
street. In a response to the number of injuries, some cities
have passed bylaws preventing young skaters from skating on the
roads. Although skaters are occasionally to blame, most feel
they are being persecuted by a skate-phobic society. However in
some cases the letter of the law is to be followed by those
wishing to ban skating. In a recent court case (see below) it
was shown that the Royal Parks were not acting fully within the
law when banning skating in their parks. In effect the
anti-skating signs they put up are not enforceable by the
police.
So what
about more public places? The law states that public
carriageways & footpaths are for use of the whole public,
including skaters (so long as they pose no danger to other
persons lawfully using the footway) & that their use is a
matter of common sense.
What does this mean for you? Well so long as you are not causing
a disturbance, damaging property or putting others at risk then
you should have nothing to worry about. Check whether that there
are any bylaws regarding skating in your area & skate
sensibly!
Marylebone
Magistrates Court, London.
Did you know that in the
Royal parks, certain activities are deemed illegal? Notably,
playing a musical instrument, flying a kite, playing any game,
or engaging in any form of sport or exercise.
At Marylebone Magistrates
Court yesterday a case was heard regarding the legality of
Inline Skating in the Royal Parks. Ever since a collision
involving a skater & a cyclist resulted in the accidental
death of the cyclist, signs have been posted in the parks
forbidding both activities. The case yesterday questioned
whether or not it was in fact an offence to participate in these
activities in the park.
In May of this year,
Martin Brass was stopped by Police in Regents Park whilst
skating to work one afternoon. PC Watson (PC33) of the Parks
Police told him that it was ‘illegal’ to skate in Regents
Park & asked whether he had seen the painted signs on the
pavement forbidding Skating & Cycling. Mr. Brass was
summonsed under a regulation of the Royal & other parks
& gardens regulations, that he failed to comply with a
direction for the regulation of skating given by a notice
exhibited by order of the Secretary of State.
Mr. Brass, represented by
Mr. Richard Bentwood (Barrister at Law, instructed by Meaby
& Co.), argued that it cannot be an offence to skate or
cycle in the park, merely because a sign has been painted on the
pavement, but rather such a sign must have posted by order of
the Secretary of State for the offence to have been committed.
Mr. Bentwood stated that
if it were not the case, it would be possible for a sign to be
painted forbidding ‘fast walking’ making that activity
illegal, as fast walking would come under the umbrella of ‘any
sport or exercise’. When the prosecution rebutted that ‘any
intelligent or normal’ person would have known that it was
illegal, Mr. Bentwood stated that this case was not a question
of intelligence or normality, but that it was a question of the
law.
In point of law, a
painted sign on the pavement does not constitute a sign posted
by order of the Secretary of State & therefore, in this
case, no crime had been committed. The Magistrates agreed &
the case was dismissed, but not before an important point had
been made.
Bearing in mind the
number of deaths that occur on the roads each year, should it
really be illegal to Skate or Cycle in the Royal parks?
Some
Common Sense Approaches For Avoiding Skate Bans
A Letter
For Skaters (from Dave Cooper at IISA)
As more & more inline
skaters take to the roads & paths of this great country,
encounters between skaters & the public (any non-skater)
become more likely. Cities, parks & educational institutions
are taking a second look at inline skaters & asking whether
they can abide by wheeled beings plying their pavement. In large
measure, their decisions to give inline skaters the green light
are formed by the image they have of the local skate talent.
Here are ten common sense things you can do to get out in front
of the restrictions in your community. By presenting the image
of a sane & reasonable collection of carbon molecules you
might avoid future unpleasantness:
- Skate Smart -
Build the image of the inline skater as a safety conscious
individual.
- Align With The
Bicyclist - Bikers are pursuing a legitimate sport, let
this rub off.
- Sponsor Family Days
- Any time Grandma & the kids do something...it must be
ok.
- Skate With
Community Leaders - Most have always "wanted to try
it" Educate them.
- Offer The Law
Enforcement Community Help - Extra eyes for the police,
our friends.
- Sponsor Safety
Clinics - Who knows, you might even get paid.
- Attend Regulatory
Meetings (Traffic, City, School) - Wear your nice
clothes.
- Sponsor A School
Program - Get the educators behind the movement.
- Visit The Rental
Shop - Help them have safe customers.
- Police Yourself
- Organize but make sure skaters obey the right laws
at the right times.
Remember that the sport
of inline skating is very cool, great fun & can be quite
wacky, but as a role model for the beginner we all have a
responsibility to execute our stranger & more dangerous
maneuvers out of eye & camera shot. By all means, push the
sport, make the best of your skate, but also Skate Smart, Skate
Polite & when appropriate, skate stealth.
For more information on
specific programs that can help your area - please contact the IISA,
Dave Cooper
International Inline Skating Association
Government Relations Committee
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