Rights of way question

Mrnorris
Mrnorris Posts: 31
edited August 2009 in MTB general
Are the what I call white roads/tracks on1:25000 os maps classed as a right of way?
The legend classes them under roads and paths and calls them Other road,drive or track.
There are quite a few in my area crossing open moor land and mainly used by farm vehicles. would it be ok to use them as it would open up many route options by linking bridleways? Or do I leave myself open to a "get off my land" situation, I do so much hate conflivt.

Comments

  • Paulie W
    Paulie W Posts: 1,492
    Mrnorris wrote:
    Are the what I call white roads/tracks on1:25000 os maps classed as a right of way?
    The legend classes them under roads and paths and calls them Other road,drive or track.
    There are quite a few in my area crossing open moor land and mainly used by farm vehicles. would it be ok to use them as it would open up many route options by linking bridleways? Or do I leave myself open to a "get off my land" situation, I do so much hate conflivt.

    I dont think in England and Wales they are automatically rights of way unless marked as such. I tend to make use of them and have never had any problems in doing so. It is possible that someone could make objection I suppose but some will do this even when you are clearly in teh right.
  • nonnac85
    nonnac85 Posts: 1,608
    I use them - never had a problem. It doesn't say anything about bikes being banned.
    If someone stopped you, just say you are sorry and then find a different route for next time.
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  • naefearjustbeer
    naefearjustbeer Posts: 182
    Its about time the rest of the country got the same laws about access as Scotland. We dont have to think twice about responsible access to the outdoors!
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  • Paulie W
    Paulie W Posts: 1,492
    naefearjustbeer wrote:
    Its about time the rest of the country got the same laws about access as Scotland. We dont have to think twice about responsible access to the outdoors!

    Am I completely imagining it or are there parts of the Brecons/Black Mountains that have an open access policy now?
  • MountainPete
    MountainPete Posts: 418
    If the roads have any sort of red dashed or dotted line in, then they are a public right of way. If they don't, then it doesn't mean that you can't use them, but be aware for any 'private' signs when you're actually there.
  • Tank-slapper
    Tank-slapper Posts: 968
    Unfortunately, the 1:25000 OS maps do not distinguish between minor country lanes (public) and private roads/tracks. You need to use your common sense when out riding.
  • Anonymous
    Anonymous Posts: 79,667
    nonnac85 wrote:
    I use them - never had a problem. It doesn't say anything about bikes being banned.
    If someone stopped you, just say you are sorry and then find a different route for next time.
    ^^This.

    As long as you're friendly and apologetic if you get challenged, you should be fine.
  • batch78
    batch78 Posts: 1,320
    They should be fine, ride them.

    Any private drives etc probably won't be marked even if they exist.

    Usually. :lol:

    Look here for almost as useless answer http://www.imba.org.uk/PRoW/PRoW_FAQs.html
  • dave_hill
    dave_hill Posts: 3,877
    Mrnorris wrote:
    Are the what I call white roads/tracks on1:25000 os maps classed as a right of way?
    The legend classes them under roads and paths and calls them Other road,drive or track.
    There are quite a few in my area crossing open moor land and mainly used by farm vehicles. would it be ok to use them as it would open up many route options by linking bridleways? Or do I leave myself open to a "get off my land" situation, I do so much hate conflivt.

    If it isn't marked as a public right of way according to the legend, then in all likelihood, it isn't.

    However, there are a few things to remember -

    1. A right of way marked on an OS map is no evidence of the existence of a right of way on the ground. OS maps are usually about 10 years out of date when they are issued, and as each series can be issued for up to another 15 years your map could be 25 years out of date, even if it is brand new!!

    2. A track or path on the ground is not evidence of a right of way. Just because there is a track, road or path doesn't mean that you have a right to drive, ride or walk on it.

    3. Ignorance, wilful or otherwise, is not a defence. Whilst it is highly unlikely that you would find yourself in court (trespass is a civil offence, not a criminal offence. All cases must be brought privately - they are therefore very expensive and incredibly difficult to prove), there is no excuse for not knowing. On the other hand, it ain't a crime if you don't get caught...

    The only sure-fire way of knowing if a public right of way exists is to check the definitive maps held by the local authority for the area in which you plan to ride. In other words, a trip to the planning department at the local council offices would be in order.
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  • Anonymous
    Anonymous Posts: 79,667
    dave_hill wrote:
    The only sure-fire way of knowing if a public right of way exists is to check the definitive maps held by the local authority for the area in which you plan to ride. In other words, a trip to the planning department at the local council offices would be in order.
    Hmm. Thanks for that info. I might pay them a visit to see if this massive spiked metal fence that has been put across one of the "National Cycle Networks" paths here is legit or not.
    If it isn;t I shall take great enjoyment in destroying it :twisted:
  • tjwood
    tjwood Posts: 328
    Paulie W wrote:
    Am I completely imagining it or are there parts of the Brecons/Black Mountains that have an open access policy now?

    There are now large areas of open access land in England - see http://www.naturalengland.org.uk/ourwor ... fault.aspx . Though this is only applicable for walking, not cycling...
  • Dowse40
    Dowse40 Posts: 102
    yeehaamcgee wrote:
    dave_hill wrote:
    The only sure-fire way of knowing if a public right of way exists is to check the definitive maps held by the local authority for the area in which you plan to ride. In other words, a trip to the planning department at the local council offices would be in order.
    Hmm. Thanks for that info. I might pay them a visit to see if this massive spiked metal fence that has been put across one of the "National Cycle Networks" paths here is legit or not.
    If it isn;t I shall take great enjoyment in destroying it :twisted:

    If you destroy the fence you are comitting criminal damage. The local council however can legally remove a section of fence so i would leave it to them.
  • Anonymous
    Anonymous Posts: 79,667
    You know, honsetly I wouldn't care.
    I'd try and get the council to take it down, and before they'd get there, I'd put a bike+me shaped hole in it. It's coming down anyway, so what the hell eh?
  • blister pus
    blister pus Posts: 5,780
    I wouldn't start destroying any property - find another way round if you can, till they rectify the error.

    All it takes is a man with small knob complex, strong penchant for law and order and the power to reverse decisions and you could find it permanently blocked off.

    On the other hand, if you played by their rules you will get your way. Key is to pester them by letter and email till they've done it and if you can get a local bike club who are also affected then the more complaints from different people the faster they'll move.
  • Anonymous
    Anonymous Posts: 79,667
    I'm not "affected" by it at all. I just don't think it's right that it's been blocked up.
  • blister pus
    blister pus Posts: 5,780
    Rightly so ....so find out the facts as to why there's a dirty big metal fence where there shouldn't be and get it removed legally. There's no reason they wouldn't rectify the situation if you point it out - you'll just have to bang on about it to get it done probably. Contact a bike club, get some numbers, get them in on it, help speed things up.

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