After Chris Porter’s piece on the partisan nature of access arguments between different users groups drew quite a lot of ire, PC Harry Carpenter, mountain biker and Singletrack regular, got in touch to clarify the law that relates to you riding your bike on a footpath and how it’s very different to the laws that govern motorised off-road access.
“My name is PC Harry Carpenter, I work at Settle Police Station in the Yorkshire Dales. I work closely with the Yorkshire Dales National Park and have been quite proactive with regards to illegal off-road driving.
I’m also a keen mountainbiker and Singletrack regular so I’ve been reading with interest the recent “Access All Areas” articles. I think there’s a lot of positive stuff being discussed and I’d like to point out what we, the Police (well, at least in North Yorkshire) are doing about off-road use (and what we’re not going to do).
Firstly, cycling on a Public Footpath is not illegal, it is purely a Civil matter, trespass. The police won’t and cannot do you for it, only the land-owner can. Don’t confuse this with riding on the pavement (next to a road, you know, the safe bit) which you can be issued a fixed penalty ticket for.
There are specific laws covering trespass which have had to be brought in as there is no general law of “trespass” i.e. Aggravated Trespass, Hunt Saboteurs, Raves, Going for Game etc. but you’re not breaking those laws whilst Just Riding Along.
A park warden or land-owner could object and they can call the Police but there’s nothing the Police can do, they’d have to identify you and try and take you to court or get an injunction out on you, the practicalities of that aren’t worth thinking about.
In Scotland, anything done by a member of the public in exercising their access rights under the Land Reform Scotland Act 2003 does not amount to trespass.
Off-Road driving is a completely different beast, it’s covered mainly by Section 34 of the Road Traffic Act. NERC (Natural Environment and Rural Communities Act 2006)allowed us to clarify the status of trails, in years gone by we couldn’t prosecute for driving on a number of our local Bridleways due to their inconclusive status, now we can.
Despite what a previous article suggested we don’t have a dedicated off-road team round here, nor a helicopter. We do carry out the odd joint patrol with the Yorkshire Dales National Park Authority (YDNPA) Rangers but mainly we rely on members of public coming forward to complain about illegal vehicular use.
We have adopted quite a positive stance against illegal off-road use and we do seek to prosecute whenever we can. The Park is a naturally sensitive area but it does need protecting and unfortunately irresponsible vehicular use has caused a lot of damage in the past (Gorbeck prior to the repair work is a good example).
If someone does make a complaint to us we take a witness statement from them, identify the driver, interview them and report them for summons, they’ll then most likely end up at Skipton Magistrates Court.
Most off-road driving organisations can offer advice on routes, www.trailwise.org.uk is a useful mapping tool and a lot of local Councils now have their Definitive Map online, also the YDNPA lists the TROs in the park.
Any further laws restricting cycling would be very difficult to enforce, bikes aren’t registered to a user, you don’t need a licence or insurance – tracing the user of a vehicle can prove difficult at times, a cycle? I’m certainly not worried about it.
Cheeky trails ahoy!”
So, there we are. Just for your own enjoyment, here’s a link to the Countryside Rights of Way Act (2000), which makes for interesting reading.
If you work in the legal world and have a good grasp of the law then we’re quite keen to have a chat – get in touch at access@singletrackworld.com…
Nice to hear from the people who actually know.
Don’t forget Section 30 of the Countryside Act 1968!
So am I right in thinking, the only person who can justifiably complain is the land-owner, and if they complain to the police, nothing will happen?
I guess the only thing that could happen is the land-owner identifies you (follows you home unless you’re daft enough to tell them who you are) and then takes you to court for trespass.
ir_bandito: If they complain, then the police may turn up – but only to act as witness to any criminal acts you may commit. It’s still a civil matter unless you do something stupid (threats, criminal damage etc).
It’s not tested but it’d be interesting to know how the Criminal Justice and Public Order Act 1994 might come into use if there was a large group of you or if you were asked to leave by a senior Police officer.
“14A Prohibiting trespassory assemblies.
(1)If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or [b]only a limited right of access[b] and that the assembly—
(a)is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and
(b)may result—
(i)in serious disruption to the life of the community, or
(ii)where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,
he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified.”
That’s unlikely to ever be applied to cyclists though (unless it’s a SFB group ride 😉 – more meant for the ravers and hunt sabs I imagine…
That’s why we need a lawyer 😉
This article didn’t touch on byelaws at all (specific rules made by a local authority that can make it a criminal offence to ride a bike on a footpath). I’m guessing however that if there’s a byelaw in place which provides for, say a £250 fine, the police aren’t gonna be too fussed about enforcing it.
How does this apply to countryside rangers.
I came across a real arsey one in Edale, who only lightened up when we showed him our intended route and it was all bridleway.
Could we have just told him to get bent?
scottchegg – rangers are agents for the landowner, so its up to them to then get your details, pres charges etc.
You could tell them to get bent, but probably not adviseable. Always err on the side of friendliness.
I met a gamekeeper in Geltsdale last year who wasn’t impressed that we’d ridden up the lanrover track rather than the overgrown bridleway, and wasn’t impressed we were planning on riding over to the next valley on a very recetnyl opened bridleway. But after talking, it turned out his main concern wasn’t trespassing as such, more that we would trounce over the moors and disturb nesting grouse and their chicks (reducing his revenue from charging people to shoot them out of the sky)
Good body language goes a long way too. take off sunglasses, and helmets. don’t use your bike as a “shield”. Be nice!
Then ride off into the sunset 🙂
The landowner could sue you for damages to his property. Sueing someone is a last resort that takes place after you have refused to pay for the damage that you have caused. What this means is that the course of events should run thus..
You ride over the footpath.
You are stopped by the landowner or his appointed agent, who asks you to leave.
You may or may not comply with this request.
The landowner subsequently traces you and issues you a demand for repairs to the damage you have caused to his land. This could be simply, ‘You broke a gate with your bike. That gate cost me £100 to fix. I have proof of the costs/quote. You did this so you owe me this money’.
You pay or don’t pay him. You can only be asked to pay for real and provable costs. He can’t make up big numbers that don’t represent reality. Any claim would need to be backed up with receipts, invoices, quotes etc.
Be aware that a claim for damages could be something like… ‘I hosted a shoot on that land you rode across and you scared all the birds away with your squeally brakes. I had a dozen paying customers who were really annoyed about that and they cancelled their next shoot on my land – this has lost me £10,000 in business and my reputation is in tatters – all will be fine if you pay me £20,000 though. Here’s my bank details – Signed.. Landowner’.
If you don’t pay him for the damages and you don’t agree an amicable solution then he can come after you through small claims court if the amount being claimed is less then a set amount – £5k IIRC.
In court (or out of court as you can represent yourself in writing) you can argue why the demands for damages are unreasonable.
The magistrate then decides on the case and you may then have to pay something that may or may not be what the landowner asked you for. If you lose you will likely end up with a CCJ (County Court Judgement) on your ‘file’ which could cause issues with getting credit in the future.
You will NOT go to jail, go directly to jail or not pass go at any stage. It’s a civil matter that simply boils down to an agreement to pay for some damage you may or may not have caused to some land.
A little bit of knowledge can be rather dangerous, because of this article published by Singletrack will there be riders tell landowners to **** off! Because there’s virtually **** all they can do about it. Why not ask a Public Rights of Way Officer from a Local Highway Authority to comment on this.
Why not get one of the above aggrieved landowners to give their viewpoint?
Be good if Mark, Chipps etc could get all the “legal” types and some landowners together for a magazine feature.
Maybe PC Harry and his mates could do it?
It certainly gives me more confidence to ride wherever I like. I’ll ride footpaths if they are quiet and not full of walkers who need their past time respected.
Chris Porter’s article was a mostly a rant. This is far more useful.
Personally the main problem I find is walkers shouting at me and deliberately getting in my way on footpaths or even unmarked areas they assume to be footpaths.
If I broke gate/fence whilst ‘trespassing’ and was caught, I’d quite happily pay. Makes no difference though, I’ll carry on riding trails – footpaths/BWs/unmarked whatever.
You ain’t see me, right?
Section 30 doesn’t add anything more
“The right of access on a public footpath only extends to walking, so there is no right to cycle or ride a horse on a public footpath. However, it is not a criminal offence to do so, unless there is a traffic order or bylaw in place specifically – instead it is a civil wrong to ride a bicycle or a horse on a public footpath, and action could be taken by the landowner for trespass or nuisance by the user.”
hodge, if you do that you will get into trouble, as ir bandito says just be civil and polite.
To cause damage whilst trespassing is an criminal act.
If Criminal Damage could be proven then yes, you’d be in trouble. But that applies to any trail, legal or otherwise.
No chance of introducing the Scottish access system in the rest of Blighty then?
another bit…..
https://www.askthe.police.uk/content/Q253.htm?letter=T
If the ‘damage’ is a track left by your tyres then this is not criminal damage. Criminal damage requires intent to cause damage. Your tracks are a byproduct of your presence. Your mere presence is not illegal.
Read the whole section, my point is that there are legal conditions set for cyclists on bridleways. The right to cycle on bridleways came about in 1968 following a campaign by the CTC. If the land owner gives permission you may ride on a public footpath, but if this causes surface damage to the highway. The Highway Authority can ask the land owner to carry out repairs or pay costs.
Skidding, could be argued as criminal damage I imagine, but we are now moving away from pragmatic discussion and into the realms of fantasy legal actions based on theoretical situations that probably will never arise.