I have to say I always follow the “don’t ride on footpaths, it’s illegal!” discussions with great interest. There is often a perception that it is a criminal offence to ride on all footpaths. However, this is simply not borne out by the legislation. The Highways Act which is the primary legislation on the matter pertains to any footpath or causeway by the side of any road made or set aside for the use or accommodation of foot passengers. The key phrase there is by the side of any road. The last time I rode it, Ullock Pike was a long way from any road. You may have heard of fixed penalties being applied to folk riding on footpaths. Again, this only applies where there is a path adjacent to a road.
So this brings us to the civil courts. Tresspass is often cited as the big threat. However, for a successful case to be brought, the land owner would have to prove that they have suffered damage or loss as a consequence of your actions. Riding through a field of crops would have an obvious measure of damage. Riding on a path such as on Ullock Pike is much harder to prove as being damaging.
Let’s suppose the landowner decides to sue Chris’s guides and
they receives a summons. In response, Chris’s guides decide to make a reasonable offer to compensate the land owner for the damage to the paths. This could be a few pence or a few quid. If the landowner refuses, the onus is on them to prove why a larger sum is justified. There is an expectation that litigants in a civil case should make reasonable attempts to resolve civil matters before coming to court. If the landowner refuses the offer, this may count against them should the case reach court.
As for damage, it should be borne in mind that Chris’s guides can’t be held accountable for the actions of anyone else who takes their bikes down the path, even if they did post a video on the internet. The damage they are accountable is that which they alone caused and not anyone elses.
In a nutshell, everyone should chill out just a little bit and not get overly vexed by riding on footpaths in England and Wales. Slow down or stop for walkers, shoot the breeze with them and stop feeling like criminals. You’re not! Take the time to find out what the law is as opposed assuming the worst and that footpath riding = the end of civilisation as we know it. Carlton Reid has written some good stuff on access as have several others. Echoing Paul's experience in the Lakes, I've rarely had any bother from anyone either.
Chris
Top video. That has to rate as one of my favourite descents in the Lakes. It really is top drawer though I reckon I have some up here in Scotchland that would give it a real run for it’s money. I reckon though that the descent is even better if you head up on the Landy track to Dodds and nip onto the steep singletrack descent to finish. You’re a lucky man living down there.
Oh and Junkyard, the climb up the bridleway is 100% rideable on the way up. Not blowing my own trumpet here but I rode it with a few mates 18 months ago and there was no dabbing or pushing on my part. Nose of the saddle granny gear stuff (you gotta love a 20t inner - thank you, Mr Middleburn). The path rebuilding with the zig zags over the last few years has made it far more rideable than times past.
Cheers
Sanny