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 Post subject: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sat Feb 20, 2010 2:59 pm 
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I've just been watching one of those endless re-runs of Top Gear on Dave & today was the episode where JC drives a Land Rover Discovery up a Scottish Mountain.
He proudly boasts no other car has ever done this!

I couldn't help wonder if there was a perfectly good reason no other car had driven to the top of that mountain, one reason being it's not legal?

Anybody know the details?


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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sat Feb 20, 2010 4:24 pm 
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No but now im gonna have to watch it on Dave ja vu :?


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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sun Feb 21, 2010 12:33 am 
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As far as I'm aware that all forms of vechicular unsurfaced road use is illegal in Scotland (some body correct me if I'm wrong) with out the permisssion of the land owner. So I assume that top gear were the first people who were given permission to dive up there??

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sun Feb 21, 2010 5:32 pm 
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Fantastic Mister Fox wrote:
As far as I'm aware that all forms of vechicular unsurfaced road use is illegal in Scotland (some body correct me if I'm wrong) with out the permisssion of the land owner. So I assume that top gear were the first people who were given permission to dive up there??


The situation re trail riding in Scotland is similar to that in England and Wales pre NERC. Horse and Cart use gives way to MPV rights.

ISBN 0 9546735 2 2 "access rights and rights of way - a guide to the law in scotland" by prof r r m paisley.

published by the scottish row society.

I assume top gear had landowners permission!

My fave top gear is the vietnam special - roll on the trailbike special!!

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sun Feb 21, 2010 5:34 pm 
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Statutory rights of access to most land and water were established through the Land Reform (Scotland) Act 2003, and guidance on exercising these rights responsibly is given in the Scottish Outdoor Access Code. The rights apply to cyclists, horseriders and canoeists as well as walkers.


Sadly motorised MPV access restricted to the disabled (good though) so MPV access ONLY with landowners permission.
Land Reform (Scotland) Act 2003 asp 2
Part 1
Access rights
Chapter 1


9: Nature and extent of access rights

Conduct excluded from access rights

The conduct which is within this section is—
(a) being on or crossing land in breach of an interdict or other order of a court;
(b) being on or crossing land for the purpose of doing anything which is an offence or a breach of an interdict or other order of a court;
(c) hunting, shooting or fishing;
(d) being on or crossing land while responsible for a dog or other animal which is not under proper control;
(e) being on or crossing land for the purpose of taking away, for commercial purposes or for profit, anything in or on the land;
(f) being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person);
(g) being, for any of the purposes set out in section 1(3) above, on land which is a golf course.

General info:
http://www.outdooraccess-scotland.com/default.asp


Here it is explained.. ;)

http://www.outdooraccess-scotland.com/upload/Full%20Access%20Code.pdf

and here is the actual Act.. Happy reading... :D

http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030002_en_1

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sun Feb 21, 2010 9:13 pm 
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the aforementioned publication was revised in 2006. If MPV rights were established by horse and cart use the mpv rights continue to exist and do not require landowners permission. As mentioned in previous post this is not a statutory right and therefore may be open to legal challenge. It is held in scottish law that cart rights give rise to mpv rights - malcom vs lloyd 1886 / SMITH V SAXTON 1928 / crawford v lumsden 1951

the publication goes on to explain that the legal position of a motorcycle in relation to it's treatment (as to wether it would be regarded as a car, horse or bicycle) has not been established in scotland. It suggests that it may be regarded similarly as a car.

I'm not aware of any contentious issues regarding trailbiking in scotland. I've seen and spoken to a number of riders whilst on holiday there and the unanimous opinion was that trailbiking was without problems on cart type tracks.

If anyone has experienced differently I'd be interested to know as I'd like to go trailriding in Scotland this summer

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Sun Feb 21, 2010 10:47 pm 
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there are still legal lanes you can use in scotland, me and my mates used to go up most weekends from newcastle! a few of them went there today........i.e. DERE street

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Mon Feb 22, 2010 8:47 am 
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burt wrote:
there are still legal lanes you can use in scotland, me and my mates used to go up most weekends from newcastle! a few of them went there today........i.e. DERE street



Good.....I'll stick a midge net over the air filter and head up there......

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 Post subject: Re: Top Gear - that Land Rover up a Scottish Mountain episode
PostPosted: Mon Feb 22, 2010 4:55 pm 
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This article is dated but worth a read for some background info

http://www.scottishenduros.co.uk/99/Rushworthrow.PDF

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