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RIDER RIGHTS

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The Governement should sycamore rider-friendly policy !

Cradle Lane.

"THE ACCESS (CRADLE LANE) I ASSUME GAINED RIGHTS OF PASSAGE IN ACCORDANCE WITH THE 1832 PRESCRIPTIONS ACT? IF SO THEN THE CLOSURE OR ANY IMPEDIMENT IS UNLAWFUL."

Says Tony Barnett
I HAVE BEEN READING THE DIARY OF MAUREEN COMBER,AND HER FIGHT TO HAVE REINSTATED CRADLE LANE.

MY UNDERSTANDING OF RIGHTS OF WAY FROM "BOAT" TO PUBLIC PEDESTRIAN FOOTPATH AS DEFINED BY THE RAMBLERS "THE MAXIM BEING ONCE A HIGHWAY ALWAYS A HIGHWAY", MY PAL, NOW RETIRED WAS RAMBLERS OFFICER FOR MY AREA AND ATTENDED COURT WITH ME ON MANY OCCASIONS.

AS I AM NOT FAMILAR WITH THE AREA, MAY I ASK WHO THE LAND BELONGS TO THAT CRADLE LANE CROSSES? THE ACCESS(CRADLE LANE) I ASSUME GAINED RIGHTS OF PASSAGE IN ACCORDANCE WITH THE 1832 PRESCRIPTIONS ACT,? IF SO THEN THE CLOSURE OR ANY IMPEDIMENT IS UNLAWFUL.

I AM SURE YOU HAVE MADE ENQUIRIES, BUT I WILL MENTION ANYWAY.

THE PATH (CRADLE LANE) IS OF NATURAL MATERIALS? AND SO ACCESS IS THEN BY CHOICE BY THE USER-S, THE DETERIORATION IS BY LAWFUL USE, THERE IS NO LIABILITY OF THE LAND OWNER-S

TO REPAIR THE LANE WOULD MEAN IMPORTING FOREIGN MATERIALS TO THE AREA, THIS THEN MAKES THE LANE A MAN MADE ACCESS, SOMEONE THEN NEEDS TO TAKE RESPONSIBILITY, TAKE OUTA PUBLIC LIABILITY CERTIFICATE.

I ONLY BRING THIS TO YOUR ATTENTION BECAUSE OF MY PAST EXPERIENCE, BUT THIS ALSO AFFECTS LA'S THAT INSTALL FENCING AND OTHER IMPEDIMENTS, DO THEY HAVE PUBLIC LIABILITY?, ON COMMON LAND THEY DO NOT AND CANNOT, ACCESS TO PUBLIC HIGHWAYS, COMMON LANDS ARE INCLUDED AND CANNOT BE INSURED, ACCESS IS BY WAY OF CHOICE, ANY ACCIDENT TO MAN AND BEAST WILL ONLY BE COVERED BY ONE'S OWN PRIVATE INSURANCE COMPANIES.

IF AN ACCIDENT OCCURS, THEN DAMAGES CAN ONLY BE CLAIMED FROM THE PERSON CARRYING OUT THE WORKS, THIS THEN WILL MEAN WHERE THE LA'S ARE HELD ACCOUNTABLE, AND DAMAGES COME FROM PUBLIC FUNDS(COUNCIL TAX).

Says Janice Bridger

Your point about liability on fenced & gated commons is interesting as horse riders are reporting accidents on the self closing gates used.

Says Steve Yandall

Could I add that all gates/hardware must be of BS quality. An HMPI judgment stated that public bodies were expected to adopt best practise.In the case of gates etc best practise equated to BS hardware. If,as in Cornwall,this was not done the liability is clear,

Says Tony Barnett

IF THE ENCLOSURES ARE LAWFUL,IE PRIVATELY OWNED LAND THEN FOR PUBLIC SAFETY THEY MUST BE UP TO STANDARD, BUT I WOULD NOT ACCEPT ANY GATES ETC OVER A PUBLIC RIGHT OF WAY. BC AND NE THINK THAT BY INSTALLING GATES ETC OF BSQ, THAT THE ENCLOSURE IS ACCEPTABLE, NOT SO.

Is it lawful to plough footpaths ?

COMMON LANDS ARE PROTECTED UNDER S 38 OF THE ACT FROM UNLAWFUL WORKS

Says Tony Barnett

THERE IS A QUESTION POSED ON THE RIGHTS OF THE RIDER ASKING IS IT LAWFUL TO PLOUGH FOOTPATHS ETC, THE ANSWER IS IF IT IS ON ARABLE LEGALLY OWNED LAND THEN THE ANSWER IS YES, THAT IS LAWFUL IMPEDIMENT, THE WALKER/RIDER IS NOT GUILTY OF CRIMINAL DAMAGE OF CROPS WHEN RESUMING THE RIGHTS OF ACCESS. HOWEVER, COMMON LANDS ARE PROTECTED UNDER S 38 OF THE ACT FROM UNLAWFUL WORKS, PLOUGHING AND OTHER MAN MADE IMPEDIMENTS ARE UNLAWFUL.

I pine for a more sensible approach to saving our forests

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