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Old 04-02-2008, 20:04   #16
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Default Re: SCOTTISH SIDE

Quote:
Originally Posted by iandouglas
hi cosmic .
there is the answer get D doing the baking and you might get a few gate crashers from the midlands. :P
perhaps you can make it a mini meet set near the best lanes .
get the bbq out HANG ON THATS DINKYS DEPARTMENT.
IF YOU CAN GET DINKY TO COME
BIG G IS AND HIS LAD ARE SURE TO FOLLOW THE SAUSAGES. :P :P :P :P :P :P :P
rgds.
iandouglas
Sound like a great day in the making!! : :
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Old 04-02-2008, 20:25   #17
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Quote:
Originally Posted by cosmic
Hi Andrewk,have you done any of the other two lanes that cross the border ("The Street" and "Clennell Street")?They are both on wayfinder but not much info on them..! :?
No, I haven't driven either of them.

"Clennel Street" (NT8518-7a) and "The Street" (NT7719-6a) on the England side are shown in both version of Wayfinder and on OS Landranger mapping in Memory Map as bridleways - so, unless someone knows different, they will have been NERC'd into oblivion.

Sorry ..........


Cheers
Andrew
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Old 04-02-2008, 20:30   #18
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Cheers Andrewk,i'm still trying to catch up with all there names,Nerc bill does that mean all that are marked bridleway are off limits?
Sorry for being so thick ops: :wink:
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Old 04-02-2008, 20:46   #19
andrewk
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Quote:
Originally Posted by cosmic
Cheers Andrewk,i'm still trying to catch up with all there names,Nerc bill does that mean all that are marked bridleway are off limits?
Sorry for being so thick ops: :wink:
Part 6 of the 2006 Natural Environment and Rural Communities Act (NERC) extinguished any vehicular rights that might exist on all ways that are recorded on Definitive Maps as footpath, bridleway or RUPP/Restricted Byway.

There are a number of exemptions, but you've got to do some work to prove the exemption. One is that vehicular rights are preserved if you can prove that motor vehicles were the main users for a 5 year period prior to NERC becoming active. You might have seen my post about collecting user evidence for High Rake - that's what that is all about.

You can read up about NERC itself here:
http://www.defra.gov.uk/rural/ruraldelivery/bill/

The implications are on the GLASS website here:
http://www.glass-uk.org/index.php?op...199&Itemid=859

and on the LARA website here:
http://www.laragb.org/pages/nerc.html

That should keep you all busy for a while .........

Cheers
Andrew
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Old 04-02-2008, 20:58   #20
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Thanks andrewk,I've got some reading/studying to do.. :wink: :
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Old 04-02-2008, 21:17   #21
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Don't think NERC act applies your side of the border. Will try and check.


EDIT

Just had a look at the GLASS site - not sure if you need to be a member to read THIS

The pertinent bit is

Quote:
Simplified Summary - Effect in England

all RUPPs have ceased to exist.
They are now all transformed to Restricted Byways (no exceptions - even if a BOAT order is outstanding).

NERC makes a big effect over most new RBs, dual-recorded Footpaths/Bridleways, and unrecorded roads; to extinguish MPV rights with immediate effect.

It is an offence under Road Traffic Act 1988 to drive an MPV over a new RB or a FP/BW.
As before, there is a defence of showing that public MPV rights exist - but that is now considerably harder to prove as most MPV rights will have been extinguished by NERC.

These changes do not affect BOATs or UCRs (shown as ORPA on OS maps).

How Joe Public might know all this I have no idea, most RBs will continue to be signposted 'RUPP', 'Right of Way', 'Cart Road', or not signed at all for some time.

As it is a de-facto offence to drive/ride a new RB with a motor, as it's always been for a FP or BW, the only advice can be NOT to do it.
Unless you have VERY good evidence both that MPV rights existed AND that they were protected from NERCs extinguishment effects.

Effect in Wales

The Welsh Assembly has passed the Statutory Instrument converting all RUPPs to RBs.

The WA yet to pass the NERCA extinguishing Instruments giving all the effects as per England.
No firm date known, perhaps November.

It remains an offence under RTA88 to drive on footpaths/bridleways and the new RBs, this can be defended with good evidence of Vehicle rights.

Effect in Scotland, Ireland, Man, etc
None.

Act has now gone through in wales though I believe.


Regardless you're still probably on dodgy ground driving bridleways unless you know for absolute sure that its legal.
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Old 04-02-2008, 21:29   #22
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Oh! Well that'll be that then,so i can probably drive up to the border but then i have to turn back,or face the law!! I'm going to email Northumberland county council and Borders council to see what they say about it.
It's not looking good though
Damn good lane as well
.
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Old 04-02-2008, 22:09   #23
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Find campsite will go for long weekend.
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Old 04-02-2008, 22:22   #24
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Quote:
Originally Posted by hummingbird
Don't think NERC act applies your side of the border.
No, it doesn't. You cannot extinguish vehicular rights on RoW that don't exist. The National Parks and Access to the Countryside Act 1949 did not apply to Scotland. There are no Definitive Maps.

Cheers
Andrew
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Old 04-02-2008, 22:28   #25
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Quote:
Originally Posted by dinky
Find campsite will go for long weekend.
I know a good one over the boarders it's called Cosmic's back garden : : : or there my drive but I think poor Jack would have is paws full with my 3 Russell's :roll:
Their is a campsite or there was one in Alwinton Northumberland Klenale Hall I think it's called which is very near to were these lanes end on the Northumberland side
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Old 04-02-2008, 23:09   #26
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I have found and emailed both councils to see what response,if any i get back.!
Not holding my breath though. :? :cry:
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