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no entry to bridleway

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UK and Europe
Published
29 August 2003
Last activity
8 September 2003
Original author
Ianb
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14
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  1. Can I put the following scenario up for debate by the panel (legal eagles, can you let the laymen
    play with this for a few days before you wade in with legal opinions please)? A Public Bridleway (as
    shown by OS Map and fingerpost) uses the route of a private drive. The landowner has installed "No
    Entry" (full size, shape, design as per Highway Code) signs at entrance to the private drive (as
    part of a one-way system). As Cyclists wishing to use the Bridleway are we legally in the wrong by
    riding through these signs (trespass rather than traffic law)? Could we be prosecuted just by riding
    past the signs? Could we be held partly liable in the event of a collision with a car? Would
    claiming that we had not passed the signs, i.e. joined the drive from another Bridleway or turned
    back just before the exit from the drive be a defence?

    Specific site details:- The private drive I have in mind serves a Local Council owned but
    privately operated Leisure Centre. Initially this drive was made exit only (many years ago)
    after several trees had been accused of jumping out in front of cars leaving the site but on
    my last visit it had a full one-way system in operation. The obvious alternative of "using
    the one-way" would involve travelling a mile of the nastiest fast/busy road in the district
    plus another 1.5 miles back along the one-way, with an extra 200ft of climb. The Bridleway
    only uses about 0.5 mile of the drive before turning off and another bridleway joins about
    half way along this section. Neither of the junctions between Bridleway & drive has a
    one-way traffic sign (white arrow on blue rectangular plate) opposite the Bridleway.
    --
    IanB

    swap my names around (nodots nospaces) to reply to me
    n.b. Please respond via n.g. but as I subscribe to two large newsgroups I am usually running a
    few days behind on reading threads and so it may be several days before I can respond to any
    n.g. reply

  2. "IanB" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    Can I put the following scenario up for debate by the panel (legal
    eagles, can you let the laymen play with this for a few days before you


    wade

    Quoted message said:

    in with legal opinions please)? A Public Bridleway (as shown by OS Map and fingerpost) uses
    the route


    of

    Quoted message said:

    a private drive. The landowner has installed "No Entry" (full size,


    shape,

    Quoted message said:

    design as per Highway Code) signs at entrance to the private drive (as


    part

    Quoted message said:

    of a one-way system). As Cyclists wishing to use the Bridleway are we legally in the wrong


    by

    Quoted message said:

    riding through these signs (trespass rather than traffic law)? Could we


    be

    Quoted message said:

    prosecuted just by riding past the signs? Could we be held partly liable in the event of a
    collision with a car? Would claiming that we had not passed the signs, i.e. joined the drive from
    another Bridleway or turned back just before the exit from the drive be a defence?

    Specific site details:- The private drive I have in mind serves a Local Council owned but
    privately operated Leisure Centre. Initially


    this

    Quoted message said:

    drive was made exit only (many years ago) after several trees had been accused of jumping out in
    front of cars leaving the site but on my last visit it had a full one-way system in operation. The
    obvious alternative of "using the one-way" would involve travelling a mile of the nastiest
    fast/busy road in the district plus another 1.5 miles back along the one-way, with an extra 200ft
    of climb. The Bridleway only uses about 0.5


    mile

    Quoted message said:

    of the drive before turning off and another bridleway joins about half way


    along

    Quoted message said:

    this section. Neither of the junctions between Bridleway & drive has a


    one-way

    Quoted message said:

    traffic sign (white arrow on blue rectangular plate) opposite the


    Bridleway.

    You would need to check on the definitive map (held by the Council) to be sure that this is still a
    bridleway and that it has not been diverted as part of some traffic scheme.

    You would also need to check that there are no TRO's in effect -- given the quasi public nature of
    the land strange things may have been implemented.

    Then, assuming it is still the bridleway and is not subject to a TRO, you would have to think
    what to do. Pointing out that it is a bridleway might have the effect that the Council divert
    it properly.

    I have no idea if you can have a 'one way' bridleway. Clearly, any such concept would not apply to
    pedestrians or (possibly) horses -- but cyclists are vehicles subject to traffic laws.

    Maybe the best answer is to do what we are always accused of -- ignore the signs and cycle the wrong
    way down a one way. If you can run a red light at nigh without lights on the bike uk.tosspot's
    prejudices will have been confirmed.

    T

  3. Quoted message said:
    Quoted message said:
    Quoted message said:

    >> "Tony" == Tony W <[email hidden]> writes:

    Quoted message said:

    I have no idea if you can have a 'one way' bridleway. Clearly, any such concept would
    not apply to pedestrians or (possibly) horses -- but cyclists are vehicles subject to
    traffic laws.

    But cyclists have a legally enshrined right to use bridleways. It seems wrong to me that it's
    possible to remove that right in a particular case simply by putting up a no entry sign.

  4. "Paul Rudin" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:
    Quoted message said:
    Quoted message said:

    >>> "Tony" == Tony W <[email hidden]> writes:

    Quoted message said:

    I have no idea if you can have a 'one way' bridleway. Clearly, any such concept would not
    apply to pedestrians or (possibly) horses -- but cyclists are vehicles subject to traffic
    laws.

    But cyclists have a legally enshrined right to use bridleways. It seems wrong to me that it's
    possible to remove that right in a particular case simply by putting up a no entry sign.

    Agreed.

    But cyclists have also a legally enshrined right to use streets -- can not use a one way street the
    wrong way. A pedestrian can -- there being no restriction on the wanderings of pedestrians.

    However, I believe local authorities can enforce traffic signs on some of their land -- I was
    stopped by a warden for driving the wrong way in a Luton car-park once. I was let off when I pointed
    out that one had to to reach the space marked!!

    T

  5. Following on from IanB's message. . .

    Quoted message said:

    Can I put the following scenario up for debate by the panel (legal eagles, can you let the
    laymen play with this for a few days before you wade in with legal opinions please)?

    Aha! One of those "I have a technical question but I don't want a technical answer" questions.

    In that case I suggest you claim Rights of Fruitharrow by strapping a turnip (sweede will do) to
    your head and making a noise like an Eccles cake being eaten by a seagull (although older texts say
    being shoved up its bottom).

    --
    PETER FOX Not the same since the poster business went to the wall

  6. IanB said:

    Can I put the following scenario up for debate by the panel (legal eagles, can you let the
    laymen play with this for a few days before you wade in with legal opinions please)? A Public
    Bridleway (as shown by OS Map and fingerpost) uses the route of a private drive. The landowner
    has installed "No Entry" (full size, shape, design as per Highway Code) signs at entrance to
    the private drive (as part of a one-way system).

    Going the wrong way might be a traffic offence, but I don't see how it can be trespass. You could
    ask for a contraflow cycle lane, or just ignore the sign.

    James

  7. IanB said:

    A Public Bridleway (as shown by OS Map and fingerpost) uses the route of a private drive. The
    landowner has installed "No Entry" (full size, shape, design as per Highway Code) signs at
    entrance to the private drive (as part of a one-way system). As Cyclists wishing to use the
    Bridleway are we legally in the wrong by riding through these signs (trespass rather than
    traffic law)?

    If the land is privately owned then I wouldn't expect the signs to have any legal significance.
    But IANAL.

    If the drive is designated as a bridleway then cyclists are legally entitled to use it, I can't see
    why it should be considered trespass.

    Might be a good question for uk.rec.rights-of-way. I haven't been over there since a few weeks after
    it was formed, so I don't know how it's turned out.

    --
    Danny Colyer (remove safety to reply) ( juggler.netdanny ) Recumbent cycle page:
    speedy5.freeserve.co.ukrecumbents "He who dares not offend cannot be honest." -
    Thomas Paine

  8. Paul Rudin said:

    But cyclists have a legally enshrined right to use bridleways. It seems wrong to me that it's
    possible to remove that right in a particular case simply by putting up a no entry sign.

    Would you say the same about a public road? It is illegal to cycle the wrong way along a one-way
    road, so why should this be any different?

    --
    Stevie D \\\\\ ///// Bringing dating agencies to the \\\\\\\__X__///////
    common hedgehog since 2001 - "HedgeHugs" ___\\\\\\\'/
    \'///////_____________________________________________

  9. "Stevie D" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:
    Paul Rudin said:

    But cyclists have a legally enshrined right to use bridleways. It seems wrong to me that it's
    possible to remove that right in a particular case simply by putting up a no entry sign.

    Would you say the same about a public road? It is illegal to cycle the wrong way along a one-way
    road, so why should this be any different?


    Because it's not a road.

  10. Stevie D said:
    Paul Rudin said:

    But cyclists have a legally enshrined right to use bridleways. It seems wrong to me that it's
    possible to remove that right in a particular case simply by putting up a no entry sign.

    Would you say the same about a public road? It is illegal to cycle the wrong way along a one-way
    road, so why should this be any different?

    In my experience, few one-way roads are created by an adjacent landowner unilaterally deciding to
    put up some no-entry signs.

    The OP said the landowner put up no entry signs. That being the case, I'd ignore them - there
    are few landowners who have the right to grant traffic orders. If it is likely that the
    landowner in question is (say) the MOD, I'd maybe rethink that opinion, but otherwise it's just
    someone being a pratt.

    There's a house near me where the owner has apparently unilaterally decided to redirect the
    bridleway that crosses very close to teh house so that it skirts round the back of their
    outbuildings. I'm pretty certain it's not official, since teh redirection featured snapping off the
    arm of the fingerpost leaving the ragged end pointing where it used to. That and yelling abuse at
    anyone following the correct route. As it happens their redirected route is more convenient for me,
    so I use it rather than make a legal point across their flower beds.

    Once I've got round to checking teh definitive map, I'll possibly take up teh lawn-and-flower-bed
    route out of bloody-mindedness.

    regards, Ian SMith
    --
    |\ /| no .sig
    |o o|
    |/ \|

  11. IanB said:

    A Public Bridleway (as shown by OS Map and fingerpost) uses the route of a private drive.

    - in which case the drive itself is unlikely to have any highway rights other than the bridleway.
    You can check with the local council (Highways) whether it is either adopted road or a UCR
    (unclassified road). If it was also a byway that would be shown on the OS map, so you can more or
    less rule that out.

    Quoted message said:

    The landowner has installed "No Entry" (full size, shape, design as per Highway Code) signs at
    entrance to the private drive (as part of a one-way system).

    Standard traffic signs are for use on roads and other highways. I suppose it might be theoretically
    possible to put (legal) traffic signs like this on a bridleway, but I've never heard of it.

    Quoted message said:

    Specific site details:- The private drive I have in mind serves a Local Council owned but
    privately operated Leisure Centre.

    That probably explains it. Because of the council connection the leisure centre people may have
    access to the signs, but have not thought through the bridleway issue. The signs are evidently
    directed at motorised traffic. So far as bridleway users are concerned, the signs are almost certain
    non-binding, and might even qualify as a 'misleading sign' which could be an offence.

    Even supposing that the 'private' drive did carry vehicular highway rights, it would need a formal
    order to make it one-way.

    Consult the relevant Highways people - they may not even be aware that the signs have been erected.

    --
    Pete Bland (email address spam-trapped)

  12. Ian Smith <[email hidden]> wrote: snips about no access to bridleway/path.

    Quoted message said:

    There's a house near me where the owner has apparently unilaterally decided to redirect the
    bridleway that crosses very close to teh house so that it skirts round the back of their
    outbuildings.

    You should inform the local council about this.Just a short letter to them to explain things.If
    they(the house owners) get away with it, they may then go on to completely blocking the original in
    a few years by planting bushes/tress across it. Alan.
    --
    Change the 'minus' to 'plus' to reply by e-mail. dvatc.co.ukdvatc.co.uk - Off-road Cycling in the
    North Midlands.

  13. A Lee said:

    Ian Smith <[email hidden]> wrote: snips about no access to bridleway/path.

    Quoted message said:

    There's a house near me where the owner has apparently unilaterally decided to redirect the
    bridleway that crosses very close to teh house so that it skirts round the back of their
    outbuildings.

    You should inform the local council about this.Just a short letter to them to explain things.If
    they(the house owners) get away with it, they may then go on to completely blocking the original
    in a few years by planting bushes/tress across it.

    Indeed, and as soon as I get round to checking, I will do so. It is possible that it was a legal
    diversion, so I can't rely on the fact that my landranger shows it one way and the signs are
    (bodged) another way.

    regards, Ian SMith
    --
    |\ /| no .sig
    |o o|
    |/ \|

  14. Ian Smith said:
    Quoted message said:

    You should inform the local council about this.Just a short letter to them to explain things.If
    they(the house owners) get away with it, they may then go on to completely blocking the
    original in a few years by planting bushes/tress across it.

    Indeed, and as soon as I get round to checking, I will do so. It is possible that it was a legal
    diversion, so I can't rely on the fact that my landranger shows it one way and the signs are
    (bodged) another way.

    Tell the local council anyway, let them check. If it's diverted they will know, if it's not then
    they can start taking action, either way they will check whether you have done so already or not.

    --
    Marc Stickers,decals,membership,cards, T shirts, signs etc for clubs and associations of all types.
    jaceeprint.demon.co.ukjaceeprint.demon.co.uk

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