TRF Forums

Section 34 road traffic act 1988 states that it is an offence for a person to drive a mechanically propelled vehicle on to or upon any common land , moorland or other land (of whatever description) not being land forming part of a road.
On any road being a footpath (not one at the side of a carrigeway- this is called a footway,) bridleway or restricted byway.
Level 3 fine - fixed penalty summary offence. Not a section 59 !

So we should not be given a 59 at all in the event of a showdown with the law on a disputed right of way.
can anyone help, Is this right ? Could one insist on a fixed penalty ?

Section 59 comes from the Police Reform Act 2002

That would superceed the act you are talking about

s59 is only applicable when you are in contravention of S3 or 34 and riding in a manner causing or likely to cause alarm, distress, or annoyance to members of the public.

Note that both parts have to be satisfied for it to be a proper issue

It does not supersede the RTA.

If you are stopped where you know is a legal right of way, tell the officer if he tries to issue you one that you will be in contact with the chief constable to contest it.

Some people i know where issued them on a UCR and had a nice letter of apology off the BIB the week later retracting them.

Also worth noting the BIB have to be in 'uniform' to perform a stop. No uniform, no stopping is my motto.

Also if the location is a private road that is not also a ROW then you cannot be issued one.

more here:

http://www.glass-uk.org/index2.php?opti ... f=1&id=267

Jazzy

"Also if the location is a private road that is not also a ROW then you cannot be issued one"

Interesting comment but I can't immediately see why not?

If you are making that assumption on the basis of the GLASS paper quoted saying that

"using a Private road without permission is NOT a s.34
offence, it is a trespass, unless it happens to also be a Public Footpath etc"

Then be wary because I am of the opinion that they are wrong on that point (ironically for reasons that relate to the point they go onto mention in relation to car parks or other places to which the public normally have access).

Otherwise it appears to be spot on.

Cheers

Richard