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  • Route maintenance – legal obligations of council – N Yorks – advice needed
  • ratadog
    Full Member

    Stretch of local cycle route has become almost unrideable. It is part of the Moors to the Sea cycle route in North Yorks and advertised heavily as a family route. Bits of it were torn up by some private forestry work about 2 years ago and all of it has been ridden illegally by trailbikes – I met 8 of them blasting through it on Sunday morning in the mist.

    As a result the parts of the surface that was firm chippings has regular water filled potholes and some more extensive lakes some of which are about 30 foot across and up to 18 inches deep, and the section that was doubletrack on sandy clay has closely packed ridges and foot deep ruts running parallel to the direction of travel with regular deeper trenches where the trailbikes have spun their back wheels in.

    I have managed to establish that the stretch in question is in fact an unmade road and comes under the jurisdiction of the local highways department – even though to look at it it looks for most of its length like singletrack through some woods. The Moors authority say it is outside their jurisdiction and the area office for the highways forwarded my email to County HQ saying that HQ “were reviewing policy in this area”. That was 9 months ago. I have seen 2 cracking accidents during the summer of people losing wheels down one or other of the trenches.

    Anyone know how I take this further? Anyone on STW have experience of rights of way issues? Anyone know if the council have a legal obligation to do something about this? Anyone aware of a group in North Yorks with an interest/some influence who might be interested in taking this up? Anyone able to give me any pointers for my next round of communications with the relevant authorities?

    It seems strange to me that they can indicate that it is a road on their county map on the internet but allow it be damn near impassable – it is certainly unrideable for the likes of me and if at all greasy fairly difficult to even stand up in places.

    Grateful for any advice.

    Cheeky-Monkey
    Free Member

    Try Colin Palmer or someone else suitable at CTC maybe?

    I think SingletrAction helped set that route up in some way (before my time) but we haven’t had anything to do with it in my working knowledge (c.8 years).

    Happy to support someone if I can / they feel it would help. Not a personal area of expertise but might be able to point you to the right people or ones that might provide useful advice.

    Streetmap link might help?

    Cheers

    Tim
    chairman@singletraction.org.uk

    ratadog
    Full Member

    Happy to support someone if I can / they feel it would help. Not a personal area of expertise but might be able to point you to the right people or ones that might provide useful advice.

    You should have mail

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    Cheeky-Monkey
    Free Member

    I have and have punted it on to various people. You should be cc’d.

    Fingers crossed.

    ratadog
    Full Member

    Thanks.

    Zulu-Eleven
    Free Member

    Hi there – sorry, should have spotted this sooner 😀

    some good pointers here

    http://www.bbtrust.org.uk/pdf/notes-s56.pdf

    and I’d strongly suggest that given it’s a road, Alan Kind at BB trust would be a really good person to contact.

    hope that helps

    k

    schnor
    Free Member

    You can’t reasonably submit a Section 56 unless you can prove its already been brought to the attention of the relevant authority. Saying someone sent someone an email isn’t really enough unfortunately.

    You mention you’ve established that its “under the jurisdiction of the local highways department” but your first port of call is to determine if its publicly maintainable (not all highways are, which is why it could be nothings happened) and which department (e.g. if its an adopted road or a PROW) will need to deal with it.

    If it is (and it sounds like it) in your letter / email to them mention that this was brought to the attention of the authority some 9 months ago (try and include proof). C.C. in the local councillor and/or lead member as this clearly isn’t good enough for a cycle route. Ask for a written reply within 14 days stating when it will be inspected/repaired together with a copy of their maintenance priority scheme (if applicable).

    If you can’t identify a specific member of staff or address then write to the Chief Executive as above.

    If you’re not happy with the answer (e.g. they say 6 months or if its a time beyond that written in their maintenance priority scheme) then threaten them with the Section 56.

    Shout if you need more info

    ratadog
    Full Member

    Thanks all. Cheeky Monkey has helped bring it to the attention of the relevant Forestry Commission and other local Officers. I’ll bear in mind the section 56 information and go there if I have to.

    I have got quite a bit more information as to who is responsible than I had when I first posted but the worst section seems to relate to abuse, first by 4×4 vehicles and since access to them was restricted, by trail bikes such as those I met last week. I didn’t really feel like discussing their illegal access with them at 0730 on a Sunday morning given they outnumbered me 8 to 1 and we met in woodland, in thick mist and a mile from the nearest habitation. I’d have tried to remember a few registration numbers but they had saved me the trouble by not bothering to display any. 😕

    seosamh77
    Free Member

    any pictures?

    ratadog
    Full Member

    As to the trail riders or the crap nature of the path? I have re-edited the post and can’t remember what was in there first. I have some photos on my phone of the trackway and will try and get some better photos next time I am up there. As to the trailbikers, discretion was the better part of valour.

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