Page 2 of 2
Posted: 13 Jun 2007, 6:42am
by Mick F
Thanks TC, I knew you'd pop up with more accurate info!
I thought that the only 'Freedom' to travel was as a walker - right of way over public footpaths and land etc. But a 'vehicle' has special rules governing it's progress just about anywhere. Is this not right?
BW towpaths and river banks are privately owned, of course, and as such attract by-laws.
Regards,
Posted: 13 Jun 2007, 8:37am
by thirdcrank
MickF
As I see it, you have a right to do anything which is not against the law. So, you can go up and down the highway on foot, horseback or in a vehicle, subject to all the road traffic law and needing various licences for motor vehicles. (For other things beyond traffic, the situation can be different. With poaching, for example, the private property rights of the landowner prevail, even on the highway.)
Private property is just that, but there are certain rights like using a footpath, on foot. Much beyond that I am completely out of my depth on private property (with or without a BOAT)
The byelaw thing does not apply to private property in general. When the railways were built, the owners sponsored private acts of Parliament creating special protection for the railways in the form of byelaws. One obvious example is that trespassing on the railway is a criminal offence where most trespass on private land is a civil matter. I was jumping to the conclusion that the canals had a similar sort of protection - my little-used canal cycling permit does mention that not complying with the British Waterways code may lead to prosecution.
Posted: 13 Jun 2007, 10:33am
by r-sparks
I cycle to my local Tesco twice a week to do some shopping. I do this because I want to get fit, because I love cycling, and to avoid using the car (greenhouse gases).
I cycle half the way on a trail (old railway track), and half on a canal towpath. I have my permit on me at all times
If the government are serious about getting us out of our cars, they're going to have to grasp this nettle and sort out some concrete rules for where we can and can't cycle.
There are issues to do with cycles causing erosion, and my local area suffers badly from this (effectively paths turn into gouges cut into fields), but everything has to be balanced up. I sometimes wish BW would pave the towpaths because some of them can be in a complete state. This would avoid erosion, but make the cycling experience less of an adventure.
IIRC the right-to-roam law was pushed through government by people like Chris Smith, who are avid walkers (Smith was president of the Rambler's Association). We need somebody in government who's a cycling advocate. I know that prat Cameron supposedly cycles, but we all know that's a sham.
Right of way
Posted: 13 Jun 2007, 1:38pm
by Edwards
The canal tow paths in Birmingham were resurfaces using money from Europe as part of city regeneration. This has been done in other towns & cities as well, British Waterways agreed to stop charging and introduce the free permit so that access can be restricted. BWay do not want their land to become a right of way but gave consesions to get the money. They can also stop walkers at any time using their paths and do not have to give reason. They were after all set up for water trafic
B.O.A.T BYWAY OPEN to ALL TRAFIC this is a very old right of way that the local council can close or restrict without needing to go to Parliment. All other roads and public rights or way need an act of parliment to close. This is applied for by the local council (notice is given on signs posted around the affected path or road).
The right to roam only covers private land in certain areas and is only for persons on foot. This thas taken the ramblers many years to acheive starting with the mass trespass on Kinder Scout in the 1930's or 40's I am not sure of the year. It cost them a lot of money to get this partial access.
A public footpath over private land is around 3 feet wide, no wheeled items are supposed to be used on these, differant rules apply to footpaths next to roads.
If anybody has the time they can contact their local council highways to get the all the regulations and look at the definative map for that area showing all righs of way, type, and restrictions.
Posted: 13 Jun 2007, 3:35pm
by robertuk702
According to an email I got earlier re the SU Canal, apparently there is no reason as to why the whole cannot be cycled except the bit thats closed to all due to maintenance work around Chester.....
He is looking into the information I dug out from Waterscape.com which insinuated that parts of it werent permitting bikes.
Thank you for all your comments. And yes geese are a pain...my work colleague knows only to well rofl.... after chasing him through the tunnel in Wolverhampton thats under the Railway station car park.
At least we aren't canoeists...who have more restrictions than i would have beleived otherwise I might have taken it up.

Posted: 14 Jun 2007, 11:08am
by r-sparks
robertuk702 wrote:According to an email I got earlier re the SU Canal, apparently there is no reason as to why the whole cannot be cycled except the bit thats closed to all due to maintenance work around Chester.....
He is looking into the information I dug out from Waterscape.com which insinuated that parts of it werent permitting bikes.
Thank you for all your comments. And yes geese are a pain...my work colleague knows only to well rofl.... after chasing him through the tunnel in Wolverhampton thats under the Railway station car park.
At least we aren't canoeists...who have more restrictions than i would have beleived otherwise I might have taken it up.

Part of the canal near me has been closed for a while. There's a sign saying "Footpath Closed", and people then have to cross the bridge to walk on the other side. With a bike, crossing the narrow iron bridge is tricky. I can't see what's wrong with the path, or any works taking place.
It occurred to me the other day that the footpath might not be closed. The "closed" path has a lot of permanent boat mourings, the type who tend to spill out their possessions onto the towpath (bikes, wood, dogs etc). I think one of them put up the sign to stop people walking along what they see as their private property...
