YORKSHIRE DALES.
As predicted the Yorkshire Dales Nat park decided on April to make a TRO on 20 green lanes.
All offers by the TRF (through NYTMAG) to compromise ie close at weekends, or by season etc were rejected. Only the ACU won a concession to allow trials access.
Now all that remains is the formalities of advertising the Orders in the local press and erection of statutory closure Notices on each lane. It is expected that full closure will take effect by June or July this summer.
Each lane must also display the usual TRO traffic sign for it to be lawful.
The main 8 green lanes to be closed are; High Way, Foxup Road, Cam High Road, Gorbeck Lane,Stockdale Lane,Harber Scar Lane, Ling Gill Lane, and Arncliffe Cote. There will soon be no green lane exist west from the Yorkshire Dales. A real blow especially to TRF members in Lancashire and Cumbria.
Mastilles lane and Pockstones Moor are already closed by TROs as are several others mainly in the west.
Other TROs are on lanes that we should not be using in the first place like Raisgill/Halton Gyll and the three lanes in the Kettlewell/Starbotton area in Wharfedale.
In addition to the NERC closures in 2006 like Great Wold, and all the many lanes in the Dent area, the affect on these latest closures is to wipe out trail riding in Craven which is the western district of the YDNP.
This will put riding pressure on the remaining lawful green lanes such as the Byways in the Hawes/Bainbridge/Buckden area and those lanes in the eastern Dales. Those outside the national park and in North Yorkshire are safer from the TRO threat. Some depend on valid Byway status.
The TRF is not taking this defeat lying down and active moves are underway to fight these closures using the law. We cannot go into details for obvious reasons !
MARKED UP MAPS.
My two marked up maps covering the Yorkshire Dales have now been withdrawn untill the lawful situation becomes clearer. They may be re issued later in the year. However the TRFs excellent National Rights of Way Officer Robin Hickin has given the go ahead for me to re issue my "private" marked up maps for some other areas in the north.
Just as a guide to help TRF members no matter where you live. This service seems to be very popular and so far I have supplied maps to more than 300 members since 2006. The idea is to encourage members to stop relying on the Yorkshire Dales for trail riding which the majority of members still insist upon doing.
All lanes shown on the maps are UCRs or Byways, or in the case of South Yorkshire, valid TRF Byway claims which the highway authority and even the police encourage. All this information can of course be obtained from county hall or from council websites.
The map for the Lake District has also been withdrawn as well as my Derbyshire map, as all three national parks areas are just too sensitive to encourage riders to us.(yes things ARE that bad !). You should refer to your local TRF group for this information. Those maps available from me by post only are; South Yorkshire,Co Durham, 2 maps covering the North Yorkshire Moors Nat Park and part of East Yorkshire,and Northumberland. The cost is £3 each to cover colour printing and postage and you should cheques to me at; 55, Warkworth St,Newcastle upon Tyne NE15 8ED. I will then send to you a small map 3 miles to 1inch showing the lanes you need. I repeat. You DO NOT send me your OS maps. I send you a small map which presumably you then transpose onto your OS map or Sat Nav etc.
Well organised TRF groups like West Yorkshire already provide a RoW service through the groups website. Other groups dont even have a Rights of Way Officer, never mind a website ! I regret that this service (which is my private idea of improving the RoW service to members) is only available via the old fashioned Royal Mail !
BRIAN THOMPSON
NORTHERN ROW ADVISOR
23 APRIL
KTMs ;AN APOLOGY. . Any sarcastic comments I make about KTMs in my various scribblings in TRAIL are strictly my own personal views, and are NOT the official views of the TRF. I apologise if I have upset anyone. As the editor made it very clear at the TRF Exec meeting last Sunday those who are upset by this sort of comment are most welcome to write an article for TRAIL on this matter.
The editor needs more articles. Let us all know of the tremendous benefits of a big KTM enduro bike, compared with say a Yamaha Serow, and how they help win friends everywhere with their silent running and non aggressive appearance. The TRF is anxious that the national parks see that we really are very environmentally sensitive. If you REALLY want to be hurt by outrageous biased comments in the press, just try riding a scooter ! Sections of the motor cycle press (but not TRAIL) including the thoroughly decent BMF magazine, call you a "pansy" "a homosexual hairdresser" and "wouldnt be seen dead with one of those girly things" Most motor cycle clubs turn you away like an alien ! Some hairy he man bikers will not even talk to you ! Usually the noisy Harley types. Yet in the REAL world, the world of the general public, scooters have a far better image harking back to "Roman Holiday" with Gregory Peck and Audrey Hepburn riding on a Vespa in Rome. Wheras motor cycles have a damaging noisy image which makes getting Byways twice as hard, and trail parks impossible. You just have to possess a thick skin like me !
BRIAN THOMPSON (private member!)
Ray Smith the long serving and very experienced group Rights of Way Officer has resigned his office. The background to this is the gulf that exists between the expectations of the group chairman, and the Rights of Way team in dealing with TROs and other issues.
The TRF RoW team came up with sensible compromises (which had my 100% backing) but which some group members were critical of. On behalf of the TRF I have thanked Ray for his many years of effective rights of way work working closely with Alan Kind making Byway claims and keeping lanes open.
The TRF owes Ray an enormous debt of gratitude. Ironically the Northumberland TRF has a very good record of getting Byways. As a result there are more Byways in Northumberland than any other county in the north. Its a RoW record the local TRF group should be proud of.
The fear now is that the group may split up. Unreasonable demands from a some northern TRF members is not uncommon. These range from frequent requests, "When is the TRF going to get the TRO lifted on Pockstones Moor and Mastilles lane ? to more extreme demands such as, "When is the TRF going to get the NERC repealed ?
EAST YORKSHIRE.
Reports are coming in from local TRF members that the police are stopping trail riders using UCRs and saying they are unlawful for vehicles. East Yorkshire Council is a nasty anti trail riding authority and they are no help, and so this sort of thing, does not surprise me. They "lost" 30 TRF Byway claims I made together with all the evidence. They wrongly regard UCRs as mere footpaths only. However the law is clear. Per NERC 2006,Section 67(2)(b) ,UCRs shown on the List of Streets per Highways Act 1980 Section 36(6) are NOT EXTINGUISHED of vehicular rights .
UCRs on the List of Streets can therefore be regarded as presumed carriageways. That is the TRFs position. To show you how ridiculous all this is and why the TRF RoW team must be always on the ball let me tell you how some other authorities regard the SAME law.
Counties such as Cumbria and Northumberland state clearly that UCRs are presumed carriageways, and say we are free to use them as such. Parliament makes laws,not individual councils. Will East Yorkshire TRF members cut out and keep this item with you(explaining the law) and if you are stopped show it to the police or anyone else and give them a copy. Let me know if you are stopped. Its just a try on in my opinion, and if the TRF stands up and asserts our rights, we shall be OK.
YORKSHIRE DALES.
A party of TRF members(three visiting from the south)led by West Yorkshire groups Richard Hirst, were challenged on a UCR green lane recently by county council surveyors. The council were carrying out a survey on behalf of the YDNP with a view to yet another TRO.
I was asked to help. I spoke to North Yorkshire County Council and the misunderstanding was quickly cleared up. The TRF members will not be prosecuted. Indeed so impressed with the conduct of the TRF group all with quiet bikes, that the council will recommend that a TRO is not justified and furthermore that they have no argument with the TRF and quiet responsible trail riding.
Details of this green lane in the eastern Dales is kept confidential as the RA who are campaigning for ALL green lanes to be closed by TRO regardless of the evidence, may push for closure with inaccurate reports and wild allegations. Thank you to run leader Richard Hirst and the seven TRF members for setting a good example which so impressed the highway authority.
INFORMATION SHEETS AVAILABLE.
Free to any member who sends me a SAE are the following forms and leaflets to assist in your rights of way work. All approved by the TRFs Rights of Way Officer and Legal Advisor.
1. REMOVING OBSTRUCTIONS FROM BYWAYS. ( Officially there are 10% OF BYWAYS BLOCKED;; THATS OVER 400 MILES so theres lots of work to be done using this easy means) INCLUDES A BLANK Form No1 per Highways Act l980 Section 130A ,and an example form of how to fill one in.
2,REMOVING OBSTRUCTIONS FROM UCRs.
3.BRIEFING NOTES FOR HIGHWAY AUTHORITIES AND PUBLIC INQUIRY INSPECTORS. Legal arguments both statutory and common law in support of old map evidence to establish carriageway status per HA80S32 for your valid Byway claims..
BRIAN THOMPSON.
NORTHERN ROW ADVISOR,
17 APRIL 2008 E mail briant950@aol.com