Can you legally cycle on a public right of way in Scotland?
View Full Version : Can you legally cycle on a public right of way in Scotland?
I'm just writing a paper for my community council on developing cycle touring around here, and I was
working on a list of landowners we'd have to negotiate with, when it occurred to me that possibly
it's legal to cycle on a public right of way anyway, in which case the problem is simpler. I _do_
cycle on most of the local off-road public rights of way and (with one exception) have no trouble,
but that may just be because I'm local and known...
Does anyone know _for a fact_ whether or not it is generally legal to cycle on established public
rights of way in Scotland, and, if not, how one distinguishes between routes it's legal to cycle and
routes it's only legal to walk? And how does the Right to Roam legislation affect this (if at all)?
--
simon@jasmine.org.uk (Simon Brooke) http://www.jasmine.org.uk/~simon/
;; no eternal reward will forgive us now for wasting the dawn. ;; Jim Morrison
"Simon Brooke" <simon@jasmine.org.uk> wrote in message
news:87isnsrf5w.fsf@gododdin.internal.jasmine.org.uk...
> I'm just writing a paper for my community council on developing cycle touring around here, and I
> was working on a list of landowners we'd have to negotiate with, when it occurred to me that
> possibly it's legal to cycle on a public right of way anyway, in which case the problem is
> simpler. I _do_ cycle on most of the local off-road public rights of way and (with one exception)
> have no trouble, but that may just be because I'm local and known...
>
> Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
> public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
> to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
> this (if at all)?
I think if it's a footpath, you are not allowed to cycle, but if it's a bridle path, then cyclists
and horse riders can use it. The ordnance survey map will show both types.
--
Simon Mason Anlaby East Yorkshire. 53°44'N 0°26'W http://www.simonmason.karoo.net (http://www.simonmason.karoo.net/)
In article <vme9i2k4k4to33@corp.supernews.com>, simon@simonmason.karoo.co.uk says...
>
> "Simon Brooke" <simon@jasmine.org.uk> wrote in message
> news:87isnsrf5w.fsf@gododdin.internal.jasmine.org.uk...
> > Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
> > public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
> > to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
> > this (if at all)?
>
> I think if it's a footpath, you are not allowed to cycle, but if it's a bridle path, then
> cyclists and horse riders can use it. The ordnance survey map will show both types.
Not in Scotland it won't. Public rights of way exist in England and Wales, Scotland is different.
Colin
Simon Brooke <simon@jasmine.org.uk> wrote:
>I'm just writing a paper for my community council on developing cycle touring around here, and I
>was working on a list of landowners we'd have to negotiate with, when it occurred to me that
>possibly it's legal to cycle on a public right of way anyway, in which case the problem is simpler.
>I _do_ cycle on most of the local off-road public rights of way and (with one exception) have no
>trouble, but that may just be because I'm local and known...
In England it appears you are permitted to cycle on all Public Rights of Way except a footpath -
theres a good description at http://www.countryside.gov.uk/access/accesspage03.htm
>Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
>public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
>to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
>this (if at all)?
Scottish Natural Heritage has an interesting paper about rights of way in Scotland at
http://www.snh.org.uk/pdfs/access/sr-sprow.pdf and the Land Reform (Scotland) Act 2003
http://www.hmso.gov.uk/legislation/scotland/acts2003/20030002.htm defines where you can and cannot
now go in Scotland - IANAL but it doesnt seem to specifically exclude cycles from access to land
that you appear to able to enter on foot (ie it only excludes motorised vehicles). It also requires
a network of core paths to set up and categorized as to the allowed traffic over the next 3 years -
these look like they will be similar to the English Public Rights of Way.
--
Richard Tibbitt Strathdon, Scotland
"Colin Blackburn" <colin.blackburn@durham.ac.uk> wrote in message
news:MPG.19d137e69d59cd91989c6d@localhost...
> In article <vme9i2k4k4to33@corp.supernews.com>, simon@simonmason.karoo.co.uk says...
> >
> > "Simon Brooke" <simon@jasmine.org.uk> wrote in message
> > news:87isnsrf5w.fsf@gododdin.internal.jasmine.org.uk...
>
> > > Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
> > > public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
> > > to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
> > > this (if at all)?
> >
> > I think if it's a footpath, you are not allowed to cycle, but if it's a bridle path, then
> > cyclists and horse riders can use it. The ordnance
survey
> > map will show both types.
>
> Not in Scotland it won't. Public rights of way exist in England and Wales, Scotland is different.
>
That's what I understood. Scotland has much more relaxed rules than England and Wales.
"In Scotland, however, different legislation applies and there is no legally recognised record of
rights of way. The best record at a national level is the National Catalogue of Rights of Way (CROW)
which has been compiled by theScottish Rights of Way and Access Society (Scotways), in partnership
with Scottish Natural Heritage and with the co-operation of local authorities."
[Interleaved quoting: please read to end for all comments] Simon Brooke wrote in scot.general:
about: Can you legally cycle on a public right of way in Scotland?
> I'm just writing a paper for my community council on developing cycle touring around here, and I
> was working on a list of landowners we'd have to negotiate with, when it occurred to me that
> possibly it's legal to cycle on a public right of way anyway, in which case the problem is
> simpler.
There are very few registered 'rights of way' in Scotland as there has always been a tradition of
open access to the countryside and therefore 'in general' nobody has bothered to accredit a path
with right of way status. Regarding cycling on footpaths, the traditional view taken has been that
at some point back in the day, a court judge decreed bicycles to be "an aid to pedestrianisation"
(ie, an aid to walking) and therefore they were implicitly, if not explicitly, permitted, where it
was reasonable to do so.
> Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
> public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
> to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
> this (if at all)?
Luckily the position has now been tidied up in law with the passing by our Parliament of the Land
Reform (Scotland) Act 2003 and there is now an _explicit_ right of (responsible) access to
everywhere where it is not explicitly prohibited (eg, military land, airports, railway lines, the
curtilage of houses, land undergoing forestry/agricultural operations, etc) or where access by a
particular mode may be unsuitable (eg, some paths may not be particularly suitable for traversal by
horse or by bike, and such access may be discouraged).
Local authorities are now in the process of setting up Local Access Forums to discuss these issues
and to draw up "Core Path Networks" which will give additional recognition to paths suitable for
use by all users which may for example receive additional funding for improvement works,
signposting, etc.
SNH are currently finalising the Scottish Outdoor Access Code which will explain all of this in
detail. There's probably still copies on their website: <http://www.snh.gov.uk/> (http://www.snh.gov.uk/)
If you have an interest in these matters I'd be pleased to offer further assistance in private.
Cycle campaigners in Scotland are heavily involved in the practical implementation of the
legislation (as, of course, are representatives of walkers, horseriders and land managers) and there
is useful discussion of this on the RtR-Scotland email list (see
http://web.viewport.co.uk/cycleway/lists ). I can give you, off-group, the email address of the
cycle campaigner nearest you in D&G who has been heavily involved in the development of the
legislation both nationally and at D&G level, who I am sure would be happy to help you.
Cheers,
David.
--
David Marsh, <reply-to-email is valid at time of writing> | Edinburgh, Scotland. [en, fr, (de)] |
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[Interleaved quoting: please read to end for all comments] Simon Mason wrote in scot.general: about:
Re: Can you legally cycle on a public right of way in Scotland?
> "Simon Brooke" <simon@jasmine.org.uk> wrote in message
> news:87isnsrf5w.fsf@gododdin.internal.jasmine.org.uk...
>>
>> Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
>> public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
>> to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
>> this (if at all)?
>
> I think if it's a footpath, you are not allowed to cycle, but if it's a bridle path, then
> cyclists and horse riders can use it. The ordnance survey map will show both types.
Simon, with all due respect to your usually knowledgeable input to the group, that's complete
****e. The laws of Scotland and England are *entirely different*, particularly with regard to
rights of access.
I know you were trying to help, but you have no idea how infuriating it *really* is for us Scots to
have people in England repeatedly trying to tell us that their laws apply to our country when they
don't! :-) Please do check your facts about the Scottish legal/political system before inadvertently
giving misinformation.
NB: This isn't aimed at you personally: it's an unfortunately common misconception in England.
Cheers,
David.
--
David Marsh, <reply-to-email is valid at time of writing> | Edinburgh, Scotland. [en, fr, (de)] |
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Richard Tibbitt <rt1@tibbs1.demon.co.uk> writes:
> Simon Brooke <simon@jasmine.org.uk> wrote:
>
> >Does anyone know _for a fact_ whether or not it is generally legal to cycle on established
> >public rights of way in Scotland, and, if not, how one distinguishes between routes it's legal
> >to cycle and routes it's only legal to walk? And how does the Right to Roam legislation affect
> >this (if at all)?
>
> http://www.hmso.gov.uk/legislation/scotland/acts2003/20030002.htm defines where you can and cannot
> now go in Scotland - IANAL but it doesnt seem to specifically exclude cycles from access to land
> that you appear to able to enter on foot (ie it only excludes motorised vehicles).
Thanks, that's _exactly_ what I needed. Isn't it refreshing how readable acts of the Scottish
Parliament are?
1 Access rights
(1) Everyone has the statutory rights established by this Part of this Act.
(2) Those rights (in this Part of this Act called "access rights") are-
(a) the right to be, for any of the purposes set out in subsection (3) below, on land; and
(b) the right to cross land.
(3) The right set out in subsection (2)(a) above may be exercised only-
(a) for recreational purposes;
That seems to cover it. You have the right to be, for recreational purposes, on land, and to cross
it, provided the land is not of a use in section 6 'Land over which access rights not exercisable',
which is also simple and readable, and provided that you don't do any of the things listed in
section 9, 'Conduct excluded from access rights', which _does_ list 'being on or crossing land in or
with a motorised vehicle or vessel', but which _does not_ list pedal cycles.
Good. So it's legal to cycle for recreation *anywhere* in Scotland except for the bits listed in
section 6 - i.e. not across someone's garden or too close to a house, not through someone's tent or
caravan, not through a yard, building, or building site, not through a working quarry or open-cast
mine, not through a school, a sports field or a golf course, not through _the middle_ of a growing
crop, but pretty much anywhere else.
--
simon@jasmine.org.uk (Simon Brooke) http://www.jasmine.org.uk/~simon/
;; no eternal reward will forgive us now for wasting the dawn. ;; Jim Morrison
On Tue, 16 Sep 2003 17:35:05 GMT, Simon Brooke <simon@jasmine.org.uk> wrote:
>
>Good. So it's legal to cycle for recreation *anywhere* in Scotland except for the bits listed in
>section 6 - i.e. not across someone's garden or too close to a house, not through someone's tent or
>caravan, not through a yard, building, or building site, not through a working quarry or open-cast
>mine, not through a school, a sports field or a golf course, not through _the middle_ of a growing
>crop, but pretty much anywhere else.
I would agree with that, I go everywhere with my bike here in Dumfriesshire and have never been
challenged. But maybe it is because I am local. This topic was discussed in an early editoin of MBR
years ago and their evidence stated that the bike was just an aid to the pedestrian, same a walking
stick. So take a stick or take a bike :-)
Paul
"And the sand-castle virtues are all swept away in the tidal destruction the moral melee. The
elastic retreat rings the close of play as the last wave uncovers the newfangled way." -Thick as a
Brick, 1972
On Tue, 16 Sep 2003 16:16:40 GMT someone who may be "elyob" <newsprofile@hotmail.com> wrote this:-
>"In Scotland, however, different legislation applies and there is no legally recognised record of
>rights of way. The best record at a national level is the National Catalogue of Rights of Way
>(CROW) which has been compiled by theScottish Rights of Way and Access Society (Scotways), in
>partnership with Scottish Natural Heritage and with the co-operation of local authorities."
I suggest that the original poster refers to them, starting at http://www.scotways.com/
--
David Hansen, Edinburgh | PGP email preferred-key number F566DA0E I will always explain revoked
keys, unless the UK government prevents me using the RIP Act 2000.
"Simon Brooke" <simon@jasmine.org.uk> wrote in message
> Good. So it's legal to cycle for recreation *anywhere* in Scotland except for the bits listed in
> section 6 - i.e. not across someone's garden or too close to a house,
Reminds me of a friend of mine who lives in a castle in Scotland. (Roofless & derelict when he
bought it). He came home one day to find people picknicking just outside. They said to him they had
every right to be there. So, he discreetly followed them home. The next weekend he and his wife set
up their picnic table and barbecue on their suburban semi front lawn, They were not quite so polite
as him when they returned to find him - but they did get the message! All the best Dan Gregory
[Interleaved quoting: please read to end for all comments] David Marsh wrote in scot.general: about:
Re: Can you legally cycle on a public right of way in Scotland?
> Simon, with all due respect to your usually knowledgeable input to the group, that's complete
> ****e. The laws of Scotland and England are *entirely different*, particularly with regard to
> rights of access.
Sorry, that was perhaps slightly more rude than it needed to be.. Forgive me, I'm having a bad year.
(That's not a joke)
David.
--
David Marsh, <reply-to-email is valid at time of writing> | Edinburgh, Scotland. [en, fr, (de)] |
http://web.viewport.co.uk/ | Learn usenet and netiquette: read news:news.announce.newusers |
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David Marsh <use-userid-in-sig@127.0.0.1> wrote:
: There are very few registered 'rights of way' in Scotland as there has always been a tradition of
: open access to the countryside and therefore 'in general' nobody has bothered to accredit a path
: with right of way status. Regarding cycling on footpaths, the traditional view taken has been that
: at some point back in the day, a court judge decreed bicycles to be "an aid to pedestrianisation"
: (ie, an aid to walking) and therefore they were implicitly, if not explicitly, permitted, where it
: was reasonable to do so.
This was where I always had issues the the Scottish Rights of Way Society (with my walking hat on).
I felt that since there was this excellent tradition and law about open access, why define rights of
way which can be later used to restict them to you.
Still, in general, this law is just one of many reasons why Scotland is much better than the rest
of the UK.
Arhtur
--
Arthur Clune http://www.clune.org (http://www.clune.org/) "Techolibertarians make a philosophy out of a personality defect"
- Paulina Borsook
Paul in D&G <kinnelhead@farming.co.uk> writes:
>I am local. This topic was discussed in an early editoin of MBR years ago and their evidence
>stated that the bike was just an aid to the pedestrian, same a walking stick. So take a stick or
>take a bike :-)
Reminds me of the discussion I had years ago with the Dutch railways. We had a family type railway
card which allowed unlimited travel, for me "and one dog". I tried to convince them that my bike was
just some sort of big pet
:-)
Roos
Paul in D&G <kinnelhead@farming.co.uk> wrote:
> "And the sand-castle virtues are all swept away in the tidal destruction the moral melee. The
> elastic retreat rings the close of play as the last wave uncovers the newfangled way." -Thick as a
> Brick, 1972
Wasn't that by the fella who was busy clearing natives off of Skye there a few years ago?
Richard Tibbitt <rt1@tibbs1.demon.co.uk> wrote in message
news:<91bemvkprikhfb5nrudjvo1cfurdue4ior@4ax.com>...
>
> In England it appears you are permitted to cycle on all Public Rights of Way except a footpath -
> theres a good description at http://www.countryside.gov.uk/access/accesspage03.htm
>
>
>
I thought that it was a bit more complicated than that. I believe that an act of parliament was
passed defining the right of a cyclist to ride on a bridleway. THe CTC had lobbied for this, but had
not lobbied to be able to ride on a footpath. The legislation apparently does not make it illegal to
ride on a footpath- it just has never been expressly permitted. So is needs to be tested in court.
This might all be total rubbish, but I know I read it somewhere. Would welcome any clarification, as
it sounds a good discussion to have with irate busy-body.
> this law is just one of many reasons why Scotland is much better than the rest of the UK.
>
> Arhtur
I only hope someone tells all the anti mountain biking nutcases in the Stirling area about it. I was
following a PhD there in 1995 and the local farmer at Dumayat farm went so far as shoot up one guys
MTB with a shot gun, another cyclist was assalted by him. The neigbouring farms were little better,
despite the fact they allowed access to 4x4's for parascending and the like! The main paths around
Callander all had very prominent 'NO Bikes' signs even when they met the criteria for a 'Scottish
ROW' (Eg. linking 2 public roads with no other access being possible)...
In news:slrnbmf4a8.43c.use-userid-in-sig@pepper.viewport.lan, David Marsh
<use-userid-in-sig@127.0.0.1> expounded sagaciously: What's the attachment on your posts,
David? Only OE is removing it before it lets me read it, which is quite clever. I didn't know
OE could do that.
--
Martin Bulmer
Pie Conservation Threat
On 17 Sep 2003 12:33:36 -0700, howard@thebikezone.org.uk (Howard) wrote:
>> this law is just one of many reasons why Scotland is much better than the rest of the UK.
>>
>> Arhtur
>
>
>I only hope someone tells all the anti mountain biking nutcases in the Stirling area about it. I
>was following a PhD there in 1995 and the local farmer at Dumayat farm went so far as shoot up one
>guys MTB with a shot gun, another cyclist was assalted by him. The neigbouring farms were little
>better, despite the fact they allowed access to 4x4's for parascending and the like! The main paths
>around Callander all had very prominent 'NO Bikes' signs even when they met the criteria for a
>'Scottish ROW' (Eg. linking 2 public roads with no other access being possible)...
Common problem in Scotland, especially since the Mountain Bike... Silly signs everywhere ,
especially in gomlly Perthshire. The signs are meaningless... and have as much validity as a no hill
walking sign has to a hill walker.
Only problem is if you pass one, you cannot abandon a bike to say walk on the hill, as the bike is
vulnerable. The signs on the road through Glen Artney to Callender are a disgrace.
There was also a court case a while back in Glen Turret with an attack on a cyclist on an estate
road http://bubl.ac.uk/org/tacit/tac/tac24/andtheyc.htm
Richard Webb
On Tue, 16 Sep 2003 20:41:38 +0100, "Dan Gregory" <dangregory@palaver.freeserve.co.uk> wrote:
>
>"Simon Brooke" <simon@jasmine.org.uk> wrote in message
>> Good. So it's legal to cycle for recreation *anywhere* in Scotland except for the bits listed in
>> section 6 - i.e. not across someone's garden or too close to a house,
>Reminds me of a friend of mine who lives in a castle in Scotland. (Roofless & derelict when he
>bought it). He came home one day to find people picknicking just outside. They said to him they had
>every right to be there. So, he discreetly followed them home. The next weekend he and his wife set
>up their picnic table and barbecue on their suburban semi front lawn, They were not quite so polite
>as him when they returned to find him - but they did get the message!
I have had that ****e from a goml(1) on a bw in Wales.. He was a bit thrown back by the answer as to
how much I would like it if he visited my garden etc yadda yadda.
Answer 1) I have a ROW in my garden which unlike him I respect, and 2) he would be welcome...
Please note that this clown tried to prevent me from using a bridleway
- it was not a trespass (foul word) matter.
Richard Webb
(1) Goml(n) derogatory term for excessivly territorial 'landowner' from Get Orf Moi Land (Viz etc).
Widely used in the hillwalking community.
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