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"
