Legality of cycling over fields (in Scotland)?



J

John Burns

Guest
What's the legality of cycling across a field? I think under recent
changes in Scottish law this is allowed, but I'm not certain.

I have the impression that a landowner can't stop you cycling on his
land. But I could be totally wrong.

I suspect English and Scottish law differ.

--
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M

Matthew Leah

Guest
John Burns wrote:
> What's the legality of cycling across a field? I think under recent
> changes in Scottish law this is allowed, but I'm not certain.
>
> I have the impression that a landowner can't stop you cycling on his
> land. But I could be totally wrong.
>
> I suspect English and Scottish law differ.
>


You might find what your looking for at :-

http://www.outdooraccess-scotland.com/default.asp


Best Regards,

Matt.
 
P

Phil Cook

Guest
John Burns wrote:

>What's the legality of cycling across a field? I think under recent
>changes in Scottish law this is allowed, but I'm not certain.


It depends what is being grown in the field.
>
>I have the impression that a landowner can't stop you cycling on his
>land. But I could be totally wrong.


The Scottish Access Code says this:

3. You can exercise access rights for recreational purposes (such as
pastimes, family and social activities, and more active pursuits like
horse riding, cycling, wild camping and taking part in events),
educational purposes (concerned with furthering a person’s
understanding of the natural and cultural heritage), some commercial
purposes (where the activities are the same as those done by the
general public) and for crossing over land or water.

4. Existing rights, including public rights of way and navigation, and
existing rights on the foreshore, continue.

5. The main places where access rights do not apply are:
... houses and gardens, and non-residential buildings and associated
land;
... land in which crops are growing;
... land next to a school and used by the school;
... sports or playing fields when these are in use and where the
exercise of access
rights would interfere with such use;
... land developed and in use for recreation and where the exercise of
access rights would interfere with such use;
... golf courses (but you can cross a golf course provided you don’t
interfere with any games of golf);
... places like airfields, railways, telecommunication sites, military
bases and installations, working quarries and construction sites; and
... visitor attractions or other places which charge for entry.

And elsewhere it says this:

Access rights extend to cycling. Cycling on hard surfaces, such as
wide paths and tracks, causes few problems. On narrow routes, cycling
may cause problems for other people, such as walkers and horse riders.
If this occurs, dismount and walk until the path becomes suitable
again. Do not endanger walkers and horse riders: give other users
advance warning of your presence and give way to them on a narrow
path. Take care not to alarm farm animals, horses and wildlife. If you
are cycling off-path, particularly in winter, avoid:
... going onto wet, boggy or soft ground; and
... churning up the surface.

And this:

Fields of grass, hay, and silage

When grass has just been sown, treat it like any other crop and follow
the appropriate guidance (see fields of growing crops). When on land
in which grass is being grown for hay or silage you can exercise
access rights unless it is at such a late stage of growth that it
might be damaged. Such grass will be grown in enclosed fields and have
no animals grazing on it. A “late stage of growth” is considered to be
when the grass is above ankle height (about 8 inches or 20cm). In such
cases, use paths or tracks where they exist or go along the margins of
the field. Grass can also be grown for turf, usually on relatively
flat ground and in large fields. In these cases, use paths or tracks
where they exist or go along the margins of the field, when the turf
is at an early stage of establishment or if you are cycling or horse
riding.

Fields of growing crops

When exercising access rights in a field of crops, avoid damaging the
crop by:
... using any paths or tracks;
... using the margins of the field (if the margin is narrow or has been
planted, avoid causing unnecessary damage by keeping close to the edge
in single file);
... going along any unsown ground (providing this does not damage the
crop); or by
... considering alternative routes on neighbouring ground.

Download the whole thing here
http://www.snh.org.uk/pdfs/access/ApprovedCode050604.pdf
--
Phil Cook looking north over the park to the "Westminster Gasworks"
 
S

Simon Brooke

Guest
in message <[email protected]>, John Burns
('[email protected]') wrote:

> What's the legality of cycling across a field? I think under recent
> changes in Scottish law this is allowed, but I'm not certain.


You're right, although you should keep out of standing crops.
User friendly details here: <URL:
http://www.outdooraccess-scotland.com/>, legislation quoted below.

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;
(b) for the purposes of carrying on a relevant educational
activity; or
(c) for the purposes of carrying on, commercially or for
profit, an activity which the person exercising the
right could carry on otherwise than commercially or
for profit.

> I have the impression that a landowner can't stop you cycling on his
> land. But I could be totally wrong.


No, you're (with some small exceptions as follows) right.

6 Land over which access rights not exercisable
(1) The land in respect of which access rights are not
exercisable is land-
(a) to the extent that there is on it-
(i) a building or other structure or works, plant or fixed machinery;
(ii) a caravan, tent or other place affording a person privacy or
shelter;
(b) which-
(i) forms the curtilage of a building which is not a house or of
a group of buildings none of which is a house;
(ii) forms a compound or other enclosure containing any such
structure, works, plant or fixed machinery as is referred
to in paragraph (a)(i) above;
(iii) consists of land contiguous to and used for the purposes
of a school; or
(iv) comprises, in relation to a house or any of the places
mentioned in paragraph (a)(ii) above, sufficient adjacent
land to enable persons living there to have reasonable
measures of privacy in that house or place and to ensure
that their enjoyment of that house or place is not
unreasonably disturbed;
(c) to which, not being land within paragraph (b)(iv) above,
two or more persons have rights in common and which is
used by those persons as a private garden;
(d) to which public access is, by or under any enactment other than
this Act, prohibited, excluded or restricted;
(e) which has been developed or set out-
(i) as a sports or playing field; or
(ii) for a particular recreational purpose;
(f) to which-
(i) for not fewer than 90 days in the year ending on 31st January
2001, members of the public were admitted only on payment; and
(ii) after that date, and for not fewer than 90 days in each year
beginning on 1st February 2001, members of the public are,
or are to be, so admitted;
(g) on which-
(i) building, civil engineering or demolition works; or
(ii) works being carried out by a statutory undertaker for the
purposes of the undertaking,
are being carried out;
(h) which is used for the working of minerals by surface workings
(including quarrying);
(i) in which crops have been sown or are growing;
(j) which has been specified in an order under section 11 or in
byelaws under section 12 below as land in respect of
which access rights are not exercisable.

> I suspect English and Scottish law differ.


Very, very much.

--
[email protected] (Simon Brooke) http://www.jasmine.org.uk/~simon/

;; I can't work yanks out......
;; Why do they frown upon sex yet relish violence?
;; Deep Fried Lettuce
 
D

Doki

Guest
"John Burns" <[email protected]> wrote in message
news:[email protected]
> What's the legality of cycling across a field? I think under recent
> changes in Scottish law this is allowed, but I'm not certain.
>
> I have the impression that a landowner can't stop you cycling on his
> land. But I could be totally wrong.
>
> I suspect English and Scottish law differ.


To be honest, even if you legally can, is it a good idea? Riding on the edge
of the field (if the farmer bothers to leave an area at the edge of the
field without crops, more do than used to) is alright, but riding through a
field of somebody's crops is only going to cause aggro. The only
circumstances where I can see it being at all easy are after the corn's been
cut and there's stubble left, or when the ground's left fallow. Most other
times it'll be very difficult to ride on or you'll be making a farmer
somewhere very angry.
 
A

Ambrose Nankivell

Guest
Doki wrote:
> "John Burns" <[email protected]> wrote in message
> news:[email protected]
>> What's the legality of cycling across a field? I think under recent
>> changes in Scottish law this is allowed, but I'm not certain.
>>
>> I have the impression that a landowner can't stop you cycling on his
>> land. But I could be totally wrong.
>>
>> I suspect English and Scottish law differ.

>
> To be honest, even if you legally can, is it a good idea? Riding on
> the edge of the field (if the farmer bothers to leave an area at the
> edge of the field without crops, more do than used to) is alright,
> but riding through a field of somebody's crops is only going to cause
> aggro.


I suspect the question was about riding across a field for grazing, which
would not cause as much aggro as other crops.

--
Ambrose
 
D

David Hansen

Guest
On Mon, 16 Jan 2006 22:26:49 -0000 someone who may be "Doki"
<[email protected]> wrote this:-

>riding through a
>field of somebody's crops is only going to cause aggro.


If the crops are growing then it would be against the access code.
Whether this is legal or not I have no idea.


--
David Hansen, Edinburgh
I will *always* explain revoked encryption keys, unless RIP prevents me
http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54
 
T

Tony Raven

Guest
David Hansen wrote:
> On Mon, 16 Jan 2006 22:26:49 -0000 someone who may be "Doki"
> <[email protected]> wrote this:-
>
>> riding through a
>> field of somebody's crops is only going to cause aggro.

>
> If the crops are growing then it would be against the access code.
> Whether this is legal or not I have no idea.
>
>


My experience of cycling through crops planted on rights of way is it is
b****y hard work and best avoided (other than to make a point) anyway.

--
Tony

"The best way I know of to win an argument is to start by being in the
right."
- Lord Hailsham
 
D

druidh

Guest
Tony Raven wrote:
> David Hansen wrote:
>
>> On Mon, 16 Jan 2006 22:26:49 -0000 someone who may be "Doki"
>> <[email protected]> wrote this:-
>>
>>> riding through a field of somebody's crops is only going to cause aggro.

>>
>>
>> If the crops are growing then it would be against the access code.


With exceptions - see other replies for details - but mainly by avoiding
damage (followin tractor marks for example).
>>
>>

>
> My experience of cycling through crops planted on rights of way is it is
> b****y hard work and best avoided (other than to make a point) anyway.


Different rules apply if it's a RoW - the SOAC / Land Reform Act do not
rescind RoW rights.



druidh
 
S

Simon Brooke

Guest
in message <[email protected]>, David Hansen
('[email protected]') wrote:

> On Mon, 16 Jan 2006 22:26:49 -0000 someone who may be "Doki"
> <[email protected]> wrote this:-
>
>>riding through a
>>field of somebody's crops is only going to cause aggro.

>
> If the crops are growing then it would be against the access code.
> Whether this is legal or not I have no idea.


No, it's not. I posted the clause yesterday. Crops are one of the
specified exceptions.

--
[email protected] (Simon Brooke) http://www.jasmine.org.uk/~simon/

;; Woz: 'All the best people in life seem to like LINUX.'
;; <URL:http://www.woz.org/woz/cresponses/response03.html>
 

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