August 2003

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Focus On
Green laning and what it's got to do with you

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Foreword
VAT On Helmets
SORN (Satutory Off Road Notification) Don’t Get Caught Out
Automatic Headlights (AHO) AGAIN
MOT Sticker
Motorcycle Luggage - Do You Know The Dangers?
MAG Condemns "Free" Insurance Schemes
I’m No Lady Coming Out Of The Closet
Hazards for Motorcyclists - Your Help Required
Insensitivity to Disabled Bikers

MAG Youth?
MAG Youth – (temporary name)

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Stolen Bikes
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Pennsylvania Helmet Freedom!
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FOCUS ON …Green laning and what it's got to do with you

Historical overview

Before motorised transport people moved about the countryside on foot, on animals and various carriages and carts. They made journeys between home, public house, from field to field, place of work and town to town. These journeys were made by the most convenient route allowing for field boundaries and terrain. They were then reinforced by farmer 'Giles', who when clearing his field of stones would often throw the offending articles over his field boundary in to these tracts. Over time and with use they became lanes and with the development of organised local governing bodies their upkeep and maintenance became the responsibility of these august bodies. Time passes and motorised transport gets invented and the requirement for smooth surfaces becomes apparent. What was previously a muddy/dusty track gets a surface of tarmac and 'bob's your aunty' you got a road. This new fangled surfacing spreads across the country until almost all routes are done. Highway laws are passed, routes are classified (or not read on). Some lesser known and little used routes get somewhat less attention and apart from the odd clearing of encroaching greenery and the odd bit of grading are left 'as is'. The reason for them being there often disappears, the tannery that people used to go to closes down, the sheep drovers put their sheep on trucks to market, or simply people chose that tarmac road that is a longer route but easier. Some are clandestinely 'appropriated' by farmers who want that little bit more land. Against all odds here and there some survive, they are nowadays often referred to as 'green lanes'.

Legal status

In the passage of time it was deemed necessary to classify roads according to their use and a record of this made so that the legal situation of use could be clear. To do this a 'definitive map' had to be maintained by the local authority. This document is supposed to describe all routes with their legal status from footpath to motorway. Now the process to do this involves making applications and having public meetings to thrash out what can and cannot use the route. In the past the local councils were charged with making their maps up to date to remove any ambiguity. As is their way they dragged their heels and to date this has not been done. So many routes, especially the unsurfaced ones have not been properly 'defined'. Some exist, and historical records such as parish maps show them, but they are not on the 'definitive map'. Some have been hastily recorded, incorrectly, as footpaths even though they have vehicular access rights. I may be cynical but there appears to be a tendency for authorities to 'downgrade' routes. They have a legal obligation of maintenance and the lower the status the less maintenance they have to do. Enter The Countryside and Rights of Way Act (Crow). This 'edict' from central government is to force local authorities to get their definitive maps up to date and gives them a strict time limit after which the map will be declared as 'definitive' and no more rights of way claims will be entertained. This means that only routes classified as byways will have vehicular rights. Now at the moment there are few byways and a great many other variously described and undescribed routes. One such 'classification' being RUPP, Road Used as a Public Path! Okay, so far so good. Well no. In a amazing piece of thinking the onus is on YOU to find out if you have a right to use a route BEFORE you use it, even if the route has no sign to show it's status. This is like being give a parking ticket for parking on double yellow lines, not because there were any there but because the man in the house you parked outside of said you shouldn't be there! (n.b. There is no legal right to park on the highway). It does get worse. If you are 'challenged' then you cannot offer historical evidence to show that vehicular rights exist. Essentially the accusation becomes a judgement.

Current usage

The unsurfaced roads still run hither and thither through the countryside and indeed some exist surprisingly close to major towns almost all still being used by farmers to access their fields. Others have been informally 'adopted' by ramblers as footpaths. 4X4 enthusiasts struggle up and down them and an increasing number of motorcyclists fed up with our congested roads are taking to the fun of 'green laning'.
The Threat
The CRoW Act will wipe out a great many routes that are currently used and will prevent any more being researched and added. Of course you probably don't go green laning so no loss for you then. Well listen up! In this process motorcycles are being badly vilified by other user groups and landowners. Up and down the country bikers are being blamed for allsorts, wrecking lanes, disturbing the peace, wearing 'bright clothing' not in keeping with the countryside idyll, pollution and even not contributing to the rural economy! None of these 'accusations' are adequately substantiated. Authorities have quite readily received this, after all from their point of view footpaths are easy, byways mean maintenance. For the authorities it's a simple PR thing. Bikers are hooligans/ Ban them.

The implications

What will happen is never clear. What is happening is evident. We are losing yet more freedoms. We (a minority) are being blamed for things for which we are not responsible. There is a growing tendency for government to court public opinion with reactive policies. The people want blood so they give it (always somebody else's). Here are a few key things to jog people's memories. Leg protectors, power limits, bans for not passing your test quick enough, dayglow clothing, EVSC, daytime running lights, pay per mile insurance, mobile phone tracking, e-mail snooping, phone eaves dropping, speed cameras, OEM parts fitment, dark visors, manhole covers, Meacher, having the wrong religion.

One thing for sure, to make something happen just say out loud "That will never happen to me".

What can we do?

Unity is strength. Join forces. Individuals mean nothing in today's society. Below is a list of organisations that are batting for us. Join them, add your voice to others like you, have your say, take part, be counted.

Motorcycle Action Group (MAG)
British Motorcyclists Federation (BMF)
Trail Riders Fellowship (TRF) www.trf.org.uk

Article written by Richard Stiling, Bristol TRF Chairman as well as

Bristol Motorcycle Forum Member; Welsh Assembly Transport Forum Motorcycle Sub Group Member; Bristol MAG Safety Officer; National TRF MAG Liaison Officer; The Bristol Bike Show Organiser; Manhole Cover Campaign Organiser

 

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