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Police officer threatens to confiscate bike from 4-year-old - for riding on pavement

Young girl left in tears and father forced to carry her - and her bike - on rest of journey to school

A police officer in Lincolnshire reportedly threatened to confiscate a bicycle that was being ridden on the pavement by a four-year-old girl, leaving her in tears and forcing her father to carry both her and her bicycle to school.

According to the Grantham Journal, Sophie Lindley was riding her bike, which has stabilisers fitted, on a pavement on Trent Road last Monday morning as she headed to West Grantham Academy St John’s.

The youngster was accompanied by her father Dale, who was holding her by a lead.

He told the newspaper: “A police car pulled over and told me she had to get off her bike as it is against the law to ride on the footpath.

“He then drove off but said he’d be checking his mirrors, and if he saw her riding the bike again he would confiscate it.”

With his daughter in tears, Mr Lindley carried her and her bicycle, as well as other items, for the remainder of their journey.

Sophie’s mother, Emma Lindley, and her grandmother, Margaret Stephenson, both rang the town’s police station to complain – and were given conflicting responses.

“One said the law applied to everyone – no-one can ride a bike on the pavement,” explained Mrs Stephenson. “But another said it shouldn’t have happened, as it’s different with children.”

Mrs Lindley said: “You can’t expect a four-year-old to ride in the road, it’s not exactly safe. And she has the lead and wears a helmet.”

Her husband added: “We don’t have a car, and it’s almost two miles to the school. She can’t walk that with her little legs, which is why she’s always had the bike.”

The Grantham Journal says Lincolnshire Police have so far been unable to identify the officer who told Sophie to get off her bike.

A spokesman said: “Safety is our priority and cycling on the pavement is illegal. However, common sense obviously prevails and in the case of young children, officers would use their discretion and offer the most appropriate advice for the circumstances.”

Cycling on the pavement is illegal under section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888 and is nowadays punishable by a fixed penalty notice, although the law does not give police officers powers to confiscate a bicycle.

However, official guidance issued by then Home Office minister Paul Boateng in 1999 is that police officers should use their discretion.

In a letter to senior police officers, Mr Boateng said: “The introduction of the fixed penalty is not aimed at responsible cyclists who sometimes feel obliged to use the pavement out of fear of traffic and who show consideration to other pavement users when doing so.

“Chief police officers, who are responsible for enforcement, acknowledge that many cyclists, particularly children and young people, are afraid to cycle on the road, sensitivity and careful use of police discretion is required.”

Last year, transport minister Robert Goodwill, who is responsible for cycling, confirmed that Mr Boateng’s guidance remained valid.

The Association of Chief Police Officers subsequently issued a statement which said: “We welcome the re-issued guidance from the Minister for Cycling in respect of cycling on the pavement and have re-circulated this to all local forces.”

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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80 comments

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bikebot | 9 years ago
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Meanwhile, whilst I was out and about today I came across this. It was left like that for at least an hour blocking the segregated path next to a busy high street (which has parking spaces!).

I also saw a Police car drive past it.

Image courtesy of Fly6  3

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gazza_d | 9 years ago
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Put this officer on bike patrol duties for the next year.

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Leodis | 9 years ago
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Put this 4 yr old on tag, that will learn her.

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anarchy | 9 years ago
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Oink oink

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Bob's Bikes | 9 years ago
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The article states:-
The youngster was accompanied by her father Dale, who was holding her by a lead.
Would he not be better off using a choke chain?  19

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Stumps | 9 years ago
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felixcat - as i said we have the powers to seize items BUT we have to justify why we have taken it and for what reason and in this scenario i cant see a reason to justify it. So ultimately we could have taken the bike but i dont know any officer i work with who would actually do it, thats the difference.

Just like the law states that you can get 5 years imprisonment for theft on first conviction - it will never happen.

As for the fines scenario mentioned earlier, if a child, because until they go to Mags court they are classed as a child / youth, and go to youth court the parent is responsible for the payment.

We wont give a penalty ticket to a child.

If you still cant get your head around it check out one of the many websites which explains the law in all its finer points.

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Kim | 9 years ago
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Why do the English hate children? This wouldn't happen in other countries.

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Beefy | 9 years ago
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Put em down the mines.....oops Mrs Thatcher closed em,

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Kapelmuur | 9 years ago
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The last cyclist/police interaction I witnessed was when a PC stepped into the road to allow an adult cyclist to proceed unhindered along the pavement.

This was at a location where the road is wide and has a green painted cycle lane.

Confusing.

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Iamnot Wiggins | 9 years ago
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//i1.sndcdn.com/artworks-000003658139-mnxs6a-original.jpg?b17253e)

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keepontriking | 9 years ago
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During a cycle-training session, I was outside a school teaching five young riders the folly of pavement riding, when, yes, two cycling bobbies came along - on the pavement.

They pulled up showing genuine interest in the cycle-training, and offered to help at any future sessions.

Some banter ensued when I politely pointed out that perhaps they should have been riding on the road and not the pavement.

"Ah, we have dispensation so we can chase criminals." "That's Our Job", they proudly told the youngsters, puffing out their chests and patting their equipment pouches.

We all looked around, and I asked my trainees if they could see any 'criminals'. There were none to be seen, so I suggested that the two policemen seemed to have lost their quarry, much to the amusement of the children.

This caused them to change tack, with...
"Ah, but it is best to ride on the pavement when there is so much dangerous traffic".

So I asked my trainees, who were now clearly enjoying the exchange, if they could see any 'dangerous' traffic.
We all looked up and down the near deserted road.
"Yes, there is a parked car over there" said one, - and that was it.
Nothing else, zilch, not even the local vicar with a shopping basket.

There followed a sheepish, "We must be on our way; lots of baddies to catch" from PC Senior Bobby, and I wished them a pleasant and safe ride. His junior, gave a knowing wink back at us as they left.

As the two set off, we stood and watched with jaws hanging, as one went along the road, while PC Senior Bobby bunny-hopped onto the .....pavement.

It didn't take me long to decide whether they could indeed help with any future training.

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pants | 9 years ago
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I hope the said office in this article is named and shamed.

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jmaccelari | 9 years ago
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Disgraceful...

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wwfcb | 9 years ago
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It must be true, it was in the paper  44

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pruaga | 9 years ago
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I would say it's ok to ride on the pavement if, and only if, you have stabilisers on your bike.

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daddyELVIS | 9 years ago
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If I was her dad I'd have told the PC to take the bike off her, but warned him against touching her!

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Mike T. | 9 years ago
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I would have thrown that kid in the slammer and tazerd the ol' fella.

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What Mid Life Crisis | 9 years ago
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I too am amazed that this should happen - my kids ride on the pavement until we reach quieter roads as we live close to the South Circular in London. I do wonder sometimes why serving police officers who are also keen cyclists (and are sympathetic to the issues) like Stumps bother to post sometimes. They explain the law, and how the system works, often acknowledging the constraints that frustrate them, because, much as we all like to think we know the law, we are often wrong. They (he in this case) then gets a truckload of abuse for his pains as if he had written the law and was responsible for deciding how it should be implemented. it strikes me being a police officer is a bit like learning to drive. First you learn to pass your test, then you learn how to drive. There are some bad drivers with test passes, and there are some police officers who clearly have no common sense or idea of how to use discretion correctly. But there are many more that have more of these skills than I do, and I have been grateful to them in the past for the quiet word, rather than the heavy hand. I also find that the way I speak to them helps - I'm sure the dad wasn't short or rude, but it never helps...

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Ridire | 9 years ago
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The kid escaped lightly. If it had happened up here in Scotland, our routinely-armed cops would probably have shot her...

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Kim Chee | 9 years ago
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 13 "sensitivity and careful use of police discretion is required.” isn't in the cards for officers with the intent on Ruling the Peasants harshly. Post this officers name as he is likely terrorizing so many others with abuse of authority. And, please, alter the law for those under 12 years old, over 65 or the disabled to ride safely as it is apparent "Discretion" is horribly missing in many officers abilities.

http://reason.com/blog/2013/05/01/court-oks-barring-smart-people-from-beco

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Flying Scot replied to bikebot | 9 years ago
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Hard to pick up a BMW and put it in the boot.

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FluffyKittenofT... replied to gazza_d | 9 years ago
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gazza_d wrote:

Put this officer on bike patrol duties for the next year.

If he had confiscated the bike he should have been compelled to use it as his official police patrol vehicle from then on. I'm sure they could stick a flashing blue light on it somewhere.

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Kadinkski replied to Kim | 9 years ago
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Kim wrote:

Why do the English hate children? This wouldn't happen in other countries.

Cos they ride on the footpaths. Little shits.

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atgni replied to keepontriking | 9 years ago
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keepontriking wrote:

"Ah, we have dispensation...."

LOL - strange how that's always the case when asked. I suspect they might have a dispensation 'when' on a call, but I doubt it's when just on patrol.

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jamesv replied to pruaga | 9 years ago
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pruaga wrote:

I would say it's ok to ride on the pavement if, and only if, you have stabilisers on your bike.

My son is 2. He has a balance bike and will never have stabilisers. I hope to get him a pedal bike for his 3rd birthday - do you think he'll be ready for the road then?

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Iamnot Wiggins replied to Mike T. | 9 years ago
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Mike T. wrote:

I would have thrown that kid in the slammer and tazerd the ol' fella.

Just genuinely laughed out loud at this! Chapeau, sir.

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severs1966 replied to What Mid Life Crisis | 9 years ago
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What Mid Life Crisis wrote:

...(he) then gets a truckload of abuse for his pains as if he had written the law and was responsible for deciding how it should be implemented.

So, the non-existent law compelling him to threaten to confiscate a bicycle was one he was helplessly enforcing, whether he liked it or not?

No, this officer is an obvious arsehole, making stuff up on the spot in order to intimidate the public into doing whatever he tells them.

He gets a truckload of abuse because he is a bully, unfit to do his job; not because of what corner the law paints him into.

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bikebot replied to Flying Scot | 9 years ago
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Flying Scot wrote:

Hard to pick up a BMW and put it in the boot.

Leave a BMW blocking a red route, and they'll find a way to pick it up and move it away quite quickly.

The problem is that parking is enforced by local authorities rather than the Police, and most simply ignore incidents such as this. There are many mandatory lanes in London that are regularly abused by local commercial companies (minicabs for example), and nothing is done about it.

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K Stand Ken replied to FluffyKittenofTindalos | 9 years ago
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FluffyKittenofTindalos wrote:
gazza_d wrote:

Put this officer on bike patrol duties for the next year.

If he had confiscated the bike he should have been compelled to use it as his official police patrol vehicle from then on. I'm sure they could stick a flashing blue light on it somewhere.

Which reminds me of being on holiday in Jamaica, stopped at a roadside drinks bar where two bicycle mounted police officers had also stopped. I took photographs of their bikes which had both red and blue lights fitted to the handlebars and I speculated to my companions that if these cops were obliged to pursue anyone they might need to go "Nee Nah Nee Nah" until they ran out of breath.
Of course, for all I know the bikes might have had sirens fitted as well as flashing lights but I thought it politic not to explore the point with the officers.

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pruaga replied to jamesv | 9 years ago
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jamesv wrote:
pruaga wrote:

I would say it's ok to ride on the pavement if, and only if, you have stabilisers on your bike.

My son is 2. He has a balance bike and will never have stabilisers. I hope to get him a pedal bike for his 3rd birthday - do you think he'll be ready for the road then?

Ok, fair point!  4

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