Danger from cyclists on shared path

Miss Attrill made this Freedom of Information request to Isle of Wight Council

The request was partially successful.

From: Miss Attrill

26 August 2010

Dear Isle of Wight Council,

How many reports/complaints have the council received due to a
pedestrian or their child or their dog being endangered by the
actions of a cyclist on the footpaths running between Ryde inshore
rescue and the Boat house pub during the past 3 years. I would also
like to know what the speed limit is for cyclists and what measures
are in place to enforce this along with the level of fine for
breaking the speed limit and the number of these fines that have
been issued during the past 3 years.

Also although cycling is prohibited along the upper and lower sea
walls at Puckpool between the Dell cafe and the Boat House pub it
remains a constant problem. I would like to know what the penalty
is for cycling in this prohibited area and also the number of fines
that have been issued and the number of prosecutions that have been
brought during the past 3 years

Yours faithfully,

Miss Attrill

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From: Jolliff, Gill
Isle of Wight Council

27 August 2010

Thank you for your information request dated 27 August which is currently
being considered. 

As required by law, the Council will respond to you as soon as possible
and no later than 20 working days after the receipt of your request.

Under the Freedom of Information Act 2000, the council is able to charge a
fee where the cost for responding is above the Appropriate Fee Limit as
set out in the Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulation 2004.  The fee limit is set down by the Lord
Chancellor and is £450 which equates to a maximum of 18 hours of search
and retrieval time. 

Should your request fall into this category, we will notify you as soon as
possible, to discuss any options available to you.

The Council may also charge you the cost of disbursements, such as
photocopying and postage.  Should such costs be incurred in providing you
with the information you have requested, you will be notified of any
charges as soon as is reasonably practicable.

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at
www.iwight.com/information.  If your complaint is not resolved to your
complete satisfaction, you have the ultimate right, once you have
exhausted the internal appeals process, to appeal to the Information
Commissioner.

Regards

Mrs Gill Jolliff | Business Support Manager| Highways and Transport
|Enterprise House | Monks Brook |  Newport |

Isle of Wight |  PO30 5WB

Tel: (01983) 823777 | Internal: 5723

Email: [1][email address] | Web: [2]www.iwight.com

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1. mailto:[email address]
2. http://www.iwight.com/

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Mr. Figg left an annotation (27 August 2010)

The wightdogs.com website is linking to the request for the benefit of the 198 members and the numerous visitors to the site.
http://www.wightdogs.com/apps/forums/top...

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From: Jolliff, Gill
Isle of Wight Council

10 September 2010

Thank you for your information request dated 27 August 2010.

Please find below the information you have requested.

1. We have received 3 complaints regarding cyclists on
the Esplanade at Appley during the last 3 years.

2. There are no speed limits imposed on cyclists at this
location and, therefore, enforcement is not applicable and no data is
available.

3. Cycling is only prohibited on the lower sea wall as it
is designated a footpath and failure to comply is a civil trespass
matter. I have asked our Legal Section whether or not any civil trespass
notices have been issued and if so I will let you know.

The upper sea wall has no official designation in terms of highway law
and, therefore, cyclists are not committing an offence. However, there is
positive signage in place directing cyclists through Puckpool Park as this
is a suitable alternative and is used in an effort to avoid conflict. The
area may benefit from some additional signage advising cyclists to
dismount on the upper sea wall although this would not facilitate any
enforcement measures. This recommendation has been forwarded to our
Traffic Section for their consideration.

Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by the Isle of Wight Council. The
copyright in other information may be owned by another person or
organisation, as indicated on the information itself.

You are free to use any information supplied for your own non-commercial,
research, or private study purposes. The information may also be used for
any other purpose allowed by a limitation, or exception, in copyright law,
such as news reporting. However, any other type of re-use, for example by
publishing the information in analogue or digital form, including on the
internet, will require the permission of the copyright owner.

For information where the copyright is owned by the Council, details of
the conditions on re-use can be found on our website at
[1]www.iwight.com/foi.

For information where the copyright is owned by another person or
organisation you must apply to the copyright owner to obtain their
permission.

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at www.iwight.com/information.
If your complaint is not resolved to your complete satisfaction, you have
the ultimate right, once you have exhausted the internal appeals process,
to appeal to the Information Commissioner.

Mrs Gill Jolliff | Business Support Manager| Highways and Transport
|Enterprise House | Monks Brook | Newport |

Isle of Wight | PO30 5WB

Tel: (01983) 823777 | Internal: 5723

Email: [2][email address] | Web: [3]www.iwight.com

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References

Visible links
1. http://www.iwight.com/foi
2. mailto:[email address]
3. http://www.iwight.com/

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Mr. Figg left an annotation (12 September 2010)

The wightdogs.com website have supplied an analysis of the information contained in the IW councils response to this request for the benefit of Island resident, and visiting, dog owners.
http://www.wightdogs.com/apps/blog/show/...

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From: Miss Attrill

15 September 2010

Dear Jolliff, Gill,

You have stated that you have only received 3 complaints regarding
cyclists on the Esplanade at Appley during the last 3 years.
I in fact asked for the figures for the footpaths running between
Ryde inshore rescue and the Boat house pub which is different to
the esplanade.
I have personally spoken to more than 3 people who have raised
concerns with the Council about the behaviour of cyclists here, but
of course those people are as reliant on the Council recording
their concerns made in good faith as I am reliant on the Council
supplying details of those same recorded incidents in reply to my
request.
Also could I please have full details of any civil trespass notices
as this was part of the information I originally requested that
should have been supplied within 20 working days.

Yours sincerely,

Miss Attrill

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From: Jolliff, Gill
Isle of Wight Council

15 September 2010

I will be on leave from Monday 13 September and back in the office on Tuesday 21 September. If it's anything urgent please contact Sarah Birks on 5750 or Sue Ringer on 5780.

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From: Miss Attrill

17 September 2010

Dear Isle of Wight Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Isle of Wight
Council's handling of my FOI request 'Danger from cyclists on
shared path'.

All Freedom Of Information requests are urgent when the time scale
has been exceeded. I have made this request to the council not this
individual. Please supply the information I have requested without
further delay.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/da...

Yours faithfully,

Miss Attrill

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From: Freedom of Information
Isle of Wight Council

20 September 2010

Dear Miss Attrill

Thank you for your email in connection with your request for information under reference iw10/8/44982. I note that you refer to not having received a reply and that the time statutory time limit has been exceeded. Your request was received on 27 August 2010. The Freedom of Information Act requires a reply to be sent promptly and at least within 20 working days which, in this case, would be by next Monday, 27 September. A reply was sent to you on 10 September, being 9 working days following the date of receipt of your request, including a response to most of your request. There was an issue outstanding, with regards to civil trespass notices. I can advise that the council's Legal Department have not issued any proceedings or enforcement actions with regards to cycling on the lower sea wall between Ryde Inshore Rescue and the Boathouse. This information concludes your request, within the statutory timescale.

I note that in addition to the email below, you contacted Gill Jolliff at Highways to query the information provided to you. In particular, you have pointed out that your request related specifically to complaints about cyclists between Ryde Inshore Rescue and the Boathouse, whilst the reply included information relating to the Esplanade at Appley. This matter will be dealt with as an internal review, in accordance with the Council's Access to Information Policy and a reply will be sent within 20 working days from the date of receipt of your complaint. If there are any other aspects of the reply that you would like included in the review, please let me know.

If, upon completion of the internal review, you remain dissatisfied, you have the right of further appeal to the Information Commissioners Office, at www.ico.gov.uk.

Yours sincerely

Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com

As part of our commitment to Eco Island please don't print unless necessary

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From: Niemiec, Vanda
Isle of Wight Council

28 September 2010

Attachment reply Sept 10.doc
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Dear Miss Attrill

Please find attached a reply to the internal review of your above referenced request for information.

Yours sincerely

Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD

Tel: (01983) 823803 | Internal: 3803

Email: [email address] | Web: www.iwight.com

As part of our commitment to Eco Island please don't print unless necessary

show quoted sections

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Miss Attrill left an annotation (31 October 2010)

I had not marked this request successful it must have been done by whatdotheyknow.com admin.
This request was NOT successful, as several people have told me that they have complained to the Council over cyclist using the lower sea wall between Dell cafe and the Boathouse at Puckpool, therefore the information has not been supplied.
Of course those people were as reliant on the Council to record their complaints as I am on them supplying that record as is my right under the Freedom Of Information Act.

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Alex Skene left an annotation (31 October 2010)

The status was updated by a user of the website playing our categorisation game:

http://www.whatdotheyknow.com/categorise...

I agree with the status - it reflects they have sent all the information they've been able to find.

What their answer does reveal is that they do appear to have issues with how they manage and store/classify complaints, which could be worth bringing to the attention of your local councillors (eg via http://www.writetothem.com/)

Regards,
Alex - WhatDoTheyKnow volunteer

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Miss Attrill left an annotation ( 7 November 2010)

Well dear I suggest you go and play your games on someone else's requests, as the information I requested had not been supplied.
The problem here, I would imagine, is that the Council do not record complaints when they are made to them, in order that they can manipulate their performance figures. If you think that Isle of Wight Councillors could help with that I suggest you try moving to the Island you could be in for a little surprise.

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Things to do with this request

Anyone:
Isle of Wight Council only: