Rights of Way Query...
 

  You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more

[Closed] Rights of Way Query/Etiquette

20 Posts
14 Users
0 Reactions
46 Views
Posts: 0
Free Member
Topic starter
 

Was out in the Peaks yesterday trying a new route. We headed off on a BW that after a while turnied quite rocky and rooty. Then it went steep and 'steppy' such that we realised we had obviously gone wrong somewhere and were now on a footpath.

As we couldn't ride due to the terrain, we carried on pushing to the summit, beyond which we knew the Bridleway started again. Once just below the summit, we skirted around on a sheep track (riding), then rode the 500m on the footpath down to the Bridleway (and carried on from there).

Obviously we technically shouldn't have been riding on the footpath, but;

1) Does it matter - it wasn't that busy?
2) should we have pushed the bikes until we reached the BW?
3) Should we have turned around when we know we went wrong?

Just wondering what people thoughts are?


 
Posted : 12/09/2011 10:29 am
Posts: 16346
Free Member
 

No harm done. Carry on

Its a civil offence against the land owner if you caused damage and would have been a bit impolite to any walkers you might have disturbed but you did neither.


 
Posted : 12/09/2011 10:46 am
Posts: 41642
Free Member
 

1) naaa, not if no damage is done
2) yes, to be 100% legal
3) depends, if the owner wanted rid of you you'd have to leave by the shortest/quickest/their discretion route, whether thats the way you came or carying on doesn't matter.


 
Posted : 12/09/2011 10:50 am
Posts: 56564
Full Member
 

If no-one saw it then it technically didn't happen. Which is why all footpath, in fact all land, defaults to bridleway at night

*awaits someone smug and Scottish to arrive and tell us they can ride anywhere*


 
Posted : 12/09/2011 10:53 am
Posts: 728
Full Member
 

There seems to be a lot of misunderstanding on here RE bridleways. There is no reason in practice that a bridleway will not be 'rocky, rooty, steep or steppy'. There are plenty that are (and consequently offer fantastic riding). You may well have been on a bridleway the whole time – check the OS map against the definitive map of the area (usually available online nowadays) to make sure. Basically, the condition of a route on the ground is rarely reflective of the legal classification given to the route. As for your questions – depends.


 
Posted : 12/09/2011 10:59 am
Posts: 0
Full Member
 

If I find myself on a footpath by accident I carry on. If it bothers me i just don't ride it again.


 
Posted : 12/09/2011 11:01 am
Posts: 0
Free Member
 

[i]1) Does it matter - it wasn't that busy?[/i]
Nope, not a jot 😀

[i]2) should we have pushed the bikes until we reached the BW?[/i]
Well, technically you would have been trespassing by going on the sheep track by foot, so no difference there

[i]3) Should we have turned around when we know we went wrong?[/i]
Technically, yes, unless you were diverting around an obstacle to continue the path.


 
Posted : 12/09/2011 11:06 am
Posts: 0
Free Member
 

Would you be happy to see a couple of trail motorbikes there, if they used the same excuses?


 
Posted : 12/09/2011 11:07 am
Posts: 728
Full Member
 

2) should we have pushed the bikes until we reached the BW?
Well, technically you would have been trespassing by going on the sheep track by foot, so no difference there

Unless of course the route followed is across open access land, which is very possible, in which case responsible pedestrian access is fine (and pushing/carrying/ being accompanied by a bike open to the usual tedious arguments).


 
Posted : 12/09/2011 11:14 am
Posts: 0
Free Member
Topic starter
 

bajsyckel - I am well aware that the nature of the trail bears little resemblance to it's PRoW status, but I had never noted a BW heading in the direction we eventually ended up going. We did get to a signpost that stated it was a FP, so I was correct.

Re trespassing, someone did once tell me you are not trespassing if the gate was already open? Sound a bit odd - anyone heard of this?

At the moment, I would not intentionally ride on a FP (in the peaks in the day) so would not plan to ride this route again (was fun though), but we were considerate to walkers as we passed - I won't be losing any sleep!


 
Posted : 12/09/2011 11:14 am
Posts: 0
Free Member
Topic starter
 

Yes - it was access land


 
Posted : 12/09/2011 11:14 am
Posts: 728
Full Member
 

Re trespassing, someone did once tell me you are not trespassing if the gate was already open? Sound a bit odd - anyone heard of this?

That's bollocks.


 
Posted : 12/09/2011 11:16 am
Posts: 16346
Free Member
 

Would you be happy to see a couple of trail motorbikes there, if they used the same excuses?
Quite happy... if they did no damage and didn't disturb any lawful users. Admittedly this is very unlikely 🙂


 
Posted : 12/09/2011 11:28 am
Posts: 0
Free Member
 

if you are in the Peak District NP area then I believe that there is a local bylay for the NP that makes it a criminal offence to ride on footpaths. If you look on the back of the signs there is usually a list of bylaws. I've been told of people being stopped on Stanage Edge before by NP rangers with police support. Think i've seen reference to a £500 fine before listed as max penalty.

I have only heard of this in extreme cases, normally you just get a telling off by the Ranger.


 
Posted : 12/09/2011 11:38 am
Posts: 0
Free Member
 

after a while turnied quite rocky and rooty. Then it went steep and 'steppy' such that we realised we had obviously gone wrong somewhere
... and should have been riding DOWN it, rather than up 😈


 
Posted : 12/09/2011 11:55 am
Posts: 25
Free Member
 

Live in Scotchland you can ride anywhere 😀


 
Posted : 12/09/2011 11:56 am
 D0NK
Posts: 592
Full Member
 

3) depends, if the owner wanted rid of you you'd have to leave by the shortest/quickest/[b]their discretion[/b] route, whether thats the way you came or carying on doesn't matter.
That accurate? Supposing I ride down a nicely surfaced fp some way down the line landowner sees me and says right, orrf moi laaaand, if the shortest route is across a very boggy field and over a 6ft high wall and the land owner decides he wants you to leave via that method?


 
Posted : 12/09/2011 11:58 am
Posts: 41642
Free Member
 

That accurate?

Yes (AFAIK), although I thought it meant they could ask you to ride back on the road rather than cause more errosion riding back through the bog.

Would you be happy to see a couple of trail motorbikes there, if they used the same excuses?

Quite happy... if they did no damage and didn't disturb any lawful users. Admittedly this is very unlikely

+1, 50hp, loud exhaust and a 8" rear tyre is a completely different erosion causing, noilse poluting, 2stroke emitting, oil spilling kettle of aqautic vertebrates.


 
Posted : 12/09/2011 12:03 pm
 grum
Posts: 4531
Free Member
 

Live in Scotchland you can ride anywhere

I'm pretty sure that Scotland has taken over the rest of the UK and your access laws now apply in England too? Could be wrong though.


 
Posted : 12/09/2011 12:05 pm
Posts: 6009
Free Member
 

Would you be happy to see a couple of trail motorbikes there, if they used the same excuses?

I believe the law is different for motorised vehicles, breaching RoW is a criminal offence, not just civil.


 
Posted : 12/09/2011 12:11 pm
Posts: 0
Free Member
Topic starter
 

Interesting point about the FP being in a NP and the application of additional bylaws - didn't think of that. If a Ranger had been there, I guess we would have been told to walk until we reached the BW?

This is where access law sucks - the FP was over a track used by the farmer for access to his flock. Bonkers.


 
Posted : 12/09/2011 12:19 pm

6 DAYS LEFT
We are currently at 95% of our target!