In determining the law in this area, an important distinction to highlight is the difference between footways and footpaths. A footway is what is commonly referred to as the pavement (although they are not always paved) which runs alongside a carriageway or road whilst a footpath is situated away from the road, often between buildings or in the countryside. Cycling on a footpath generally only constitutes a trespass against the landowner which is a civil rather than a criminal matter. This means that the police cannot take any enforcement action which includes the issuance of a Fixed Penalty Notice. It is important to note however, that local authorities can make it a criminal offence to cycle on a footpath by means of a bylaw or traffic regulation order under the Road Traffic Regulation Act 1984.
Similarly, local bylaws can make cycling in pedestrianised zones or vehicle restricted areas, such as shopping precincts, a criminal offence and consequently enforceable by the police and punishable with a Fixed Penalty Notice. Not all Traffic Regulation Orders prohibiting the entry of vehicles to areas such as shopping streets prohibit cycling but, when they do, they must be observed.
