team wales and dadba... we did it

[Terranosaurus]

Originally Posted by extreme-4x4

now the forrest are policed they do have a copper who polices them in his forrestry commision sponsered landy (endurace bike champion too i beleive). i even sat and chatted to him one sunday morning in macdonnalds
he explained it is illegal and he will issue section 59 if your being a pain in the bum. ie wrecking the place or make him chase you .
but he said if i see you in the forrest, i will ask you to leave. if you make a run for it or i catch you again that day . dont bother i will just park up the landy and get the bike out. i will get you, there is nowhere i cant get to. and you will get a section 59. next time its crushed

but if you leave when politely asked im happy with that, just dont wreck the place.

he said i know whats going on the painfull people will suffer if your just exploring and driving safely i have no problems.
also you might not see me but i have seen you several times and you are on video so i dont even have to catch up with you to send you a section 59.

he's a fair man id say. but then it is different here in wales, they do have a different attitude to life , more relaxed. (and im english so i know what its like on both sides of the border)
what they dont want is distruction or uninsured wrecks bombing around the forrest. or kids nicking cars and burning them up the mountain.

You may find teres a wind of chage from the forestry - http://www.forestry.gov.uk/forestry/INFD-6Y6EWY

Specifically

Langdale Quest and other subsidiary operations (Wild Encounter II, Club Xtreme, etc.) are no longer permitted to use Forestry Commission land. Under Section 59 of the Police Reform Act 2002 and Section 34 of the Road Traffic Act 1988 your vehicle may be seized and destroyed if you use unauthorised routes on Forestry Commission land or Public Rights of Way without vehicular access rights.

[lacroupade]

Useful feedback Terra - thank you. Its always nice when we can talks facts.

I'm still thinking there are differences in the way these areas are managed. I know, for example, that down here, the FC grants no permanent vehicular access rights in most areas if formally asked (plus a lot of the forestry is in other private hands, not FC), and since its private property, S59 won't apply. There are exceptions made for things like WRC in the Epynt, but as far as I know thats on a case-by-case basis so creates no precedent as far as ROWs are concerned?

It does seem that in the area you've pointed to, however, rights of way of a kind have previously been granted which might bring S59 into play, but I suspect its a debatable issue as its still private property.

Thanks again for the info though!

[Terranosaurus]

They can still give you a S59 for for

Section 3 Road Traffic Act –

3. If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

Just spinning or locking a wheel would be enough.

[lacroupade]

Originally Posted by Terranosaurus

They can still give you a S59 for for

Section 3 Road Traffic Act –

3. If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

Just spinning or locking a wheel would be enough.

Absolutely right Terra, but the RTA doesn't apply to private property, only designated public roads (including BOATs etc..) and other ROWs..and even then, its normal for the police to intervene in the latter case only when asked by the landowner whose land the ROW crosses, or the local authority responsible for maintaining that ROW.

I have an example of that not 50 yds from me in Oxon where for years, teenage kids have used field footpaths for their knackered old trials bikes, and yet when residents and walkers complain, police only turn up sporadically and usually hours later. But when the trading estate that owns the land complains, they are patrolling in force (as the CPO explained to me) to kill the problem.

BTW, I know I harp on a bit cos I have a fat mouth, but its only because it doesn't help when people aren't clear about the law, otherwise they don't know how/when they are breaking it. Hence my mission impossible......edumacation for all!

[Terranosaurus]

You can't have it both ways either it was a road generally open to the public in which case the above would apply or it wasn't.

Either way where careless driving doesn't apply they use dangerous driving instead.

[lacroupade]

Originally Posted by Terranosaurus

You can't have it both ways either it was a road generally open to the public in which case the above would apply or it wasn't.

Either way where careless driving doesn't apply they use dangerous driving instead.

Oh if you mean the forest road, no its not open to the public. We know that; the tracks are there for heavy plant and machinery to go and plant or cut trees....with a 20-30 year gap in between, so as far as I am concerned I'm not going to cause a problem by driving on them and nobody is going to do any more than ask me to leave which I will happily do.

But to cover your specific point Terra, if I allowed vehicles to drive across a piece of my land, thats a private easement, not a ROW which is a different and very specific legal principle. So if I change my mind and ban them, I can't call the police to get them removed or issue S59s, because its civil trespass only, and thats not a criminal issue.

Just because something looks like a road, doesn't mean it IS a road, at least the legal definition of one. Its the legal status thats important.