Vehicular access rights Scotland

[Brads67]

Ok, am trying to get to the bottom of something here and need a legal eagle to help with it.

Discussion ongoing about riding offroad in Scotland.

I'm not interested in Scottish rights of access code or any off that . It only covers walker etc so please stick to the vehicular side of things.

There are no RoW or BOAT or suchlike up here. Riding off road would appear to be a civil matter that the cops have no part in if you are on a fully road legal vehicle.
Being civil, if someone want to exclude you from access they have to take an injunction out against you personally.
This seems to be what happens when travellers drive onto private land, the owner takes out a case against them but they have 28 days to move on regardless, so what's different about driving on private land.?

Not talking about causing damage either, simply need to get to the actual facts about driving off road, in Scotland.

[archie456]

Bottom line is you can't legally, unless you have the permission of the land owner.

[Brads67]

archie456 said:

Bottom line is you can't legally, unless you have the permission of the land owner.

Can you provide a source for the facts please.

[Drawweight]

http://www.legislation.gov.uk/ukpga/1988/52/sectio...

Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b)on any road being a footpath, bridleway or restricted byway,
he is guilty of an offence.

I found this.

It seems to cover what the OP asked unless it’s been superseded.

[Brads67]

Drawweight said:

http://www.legislation.gov.uk/ukpga/1988/52/sectio...

Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b)on any road being a footpath, bridleway or restricted byway,
he is guilty of an offence.

I found this.

It seems to cover what the OP asked unless it’s been superseded.

That's common land in England. Also sure it does not apply in Scotland as that section linked stated Scotland excluded.

Edited by Brads67 on Sunday 7th June 19:21

[Gertrude]

Don't know who Soctways are but...
https://www.scotways.com/faq/rights-of-way-law/219...

[Brads67]

Yeh I've saw that but it tells you nothing.

[Gertrude]

Brads67 said:

Yeh I've saw that but it tells you nothing.

Ah, yes, speed read the OP - I also suspect that 'Scotway' has very much a walkers agenda.

[Drawweight]

Brads67 said:

Drawweight said:

http://www.legislation.gov.uk/ukpga/1988/52/sectio...

Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b)on any road being a footpath, bridleway or restricted byway,
he is guilty of an offence.

I found this.

It seems to cover what the OP asked unless it’s been superseded.

That's common land in England. Also sure it does not apply in Scotland as that section linked stated Scotland excluded.

Edited by Brads67 on Sunday 7th June 19:21

There are different sections of the same act ‘There are multiple prospective versions of this provision on screen.These apply to different geographical extents.’ ‘
The part I quoted came from the Scottish part of the act which can be identified by the ‘S’ on a purple background.

Edited by Drawweight on Sunday 7th June 20:59

[Rubin215]

Just get on your bike and ride it and stop worrying.

If plod stop you at the end of your ride be nice and polite and tell them that legally you have the right to roam in Scotland, you haven't caused any damage, you're very sorry if someone has taken offence and you won't ever do it again.

Your average rozzer knows even less about the law than you do so, as long as you don't piss him/her off, they just want you to jog-on so they don't have any reading or paperwork to do.

It's worked for me for the last 30-odd years anyway...

[Prof Prolapse]

The "right to roam" legislation does not cover you on a motorised vehicle. There's also no equivalent to a "green lane" in Scotland.

The police come and move you if they're made aware and can be arsed.

What else do you need to know?

Edited by Prof Prolapse on Monday 8th June 08:53

[Brads67]

Prof Prolapse said:

The "right to roam" legislation does not cover you on a motorised vehicle. There's also no equivalent to a "green lane" in Scotland.

The police come and move you if they're made aware and can be arsed.

What else do you need to know?

Edited by Prof Prolapse on Monday 8th June 08:53

What the legislation actually is.

I've ridden offroad for years and quite frankly just go where I want. If someone complains I go somewhere else for a while.
This was a discussion as I said in the first post, and I thought I would try and get to the bottom of it.

It appears I can't.

[Brads67]

Drawweight said:

There are different sections of the same act ‘There are multiple prospective versions of this provision on screen.These apply to different geographical extents.’ ‘
The part I quoted came from the Scottish part of the act which can be identified by the ‘S’ on a purple background.

Edited by Drawweight on Sunday 7th June 20:59

"Subsection (2) above and section 34A of this Act do not extend to Scotland."

That's from the Scottish section which seems to me to almost negate most of it, but I'd like to try and get a proper explanation of it all.

As I have said, none of it worries me, but it would be nice to be able to sort out the discussion I am having.