Access Rights – Adapted bikes and wheelchair users

So reading the article on the front page with Neil Russell and following a ride yesterday I wondered how the world of access rights works for those that need to use wheelchairs or adapted bikes.

I remember a TopGear episode (don’t shoot me) years ago, where some guys with injuries whilst in Afghan/Iraq used power assisted wheelchairs to get around outdoors.

Lots of footpaths have kissing gates, narrow gaps or switchback access like the below.

Fine for me on a bike doing a cheeky ride as I can just hoik it over. There’s no way you’d be able to get a wheelchair through them. I know Derbyshire County Council have gone the whole hog and tried to tarmac the Peak District.

But what are the access rights on footpaths for people who cannot walk. Can’t imagine the disabilities discrimination act covers it.

Googling seems to suggest that disabled users should be thought of when designing access, but there doesn’t seem to be a law that dictates access.

people in wheelchairs must have the same access as those walking by law.

You tend to see issues when access conflicts with control of unauthorised access. Eg Anything that keeps motorcycles out tends to be a paoin for anyone on a trike/tandem/wheel chair etc.
You also get sensible practical issues eg you can’t reasonably create wheel chair access to the Cullin ridge

people in wheelchairs must have the same access as those walking by law.

I don’t think the landowner has to adjust the infrastructure beyond what would be provided normally. Councils are usually the worst for installing infrastructure that would be impassable by wheelchair/ non standard cycle

Access rights and access provisions are not the same thing. The Cullin is an extreme case, but there will be a lot of mountain trails in Scotland where, if a person with a disability wanted to try using using, they would be legally allowed to, and nobody would expect them to be adapted.

There are (as illustrated above) many places where attempts to exclude motorised vehicles also excludes disability aids. I’ve just returned from a trip to Scotland where we encountered a slalom fence like the photo above, except there were 3 fences, so you had to double back 180º in the middle. This wasn’t an extreme trail, just a path to the beach, but there was no way a handcyclist would get through without assistance; we had to push the handcycle over the overgrown 60cm high earth bank next to it.

I don’t know what the solution is. There’s no way to make a physical barrier that stops a motorcycle but won’t stop a wheelchair, and expecting every motorcyclist to be compliant and not ride where there’s a sign telling them not to is unrealistic when we live in a society with so much inequality, ie, where the rich and landed classes do what they like.

ie, where the rich and landed classes do what they like.

Is that the stock excuse for the mxer’s who love to tear around the local peat moorland?

Regardless of the issues with landownership and access some people at either end of society will do as they please, not because of some form of social protest, but because they are selfish

You have to accept that the world has a certain % of arseholes in it and instead design for the vast majority of users.

This means that you don’t end up stopping MXers using paths they shouldn’t be on – but do enable everyone else.

Of course, you could just allow gun carry laws and allow MXers to be shot on sight if they’re where they shouldn’t be 🙂

Stiles are still standard issue on Public Footpaths. Councils don’t have to provide gates, though they often do, especially where the path itself has a good even surface. Public Bridleways only have to be fit for horses and pedestrians, not wheeled transport. That’s the law at present for England and Wales I’m afraid. If one is pushing a wheelchair that could be seen in the same light as a wheelbarrow, ie a natural accoutrement to a pedestrian; so in some circumstances, say more heavily used well surfaced routes, pressure could be brought to bear on a Council or National Park.

It depends where you are.
On a cycle path the accepted minimnum width is 1.5m with best practice being 2m.

Stirling is slowly removing barriers / bollards from its cycle paths to align with this. New gates on a core path should align with this too.

I have a had a lot of fun with Stirling Uni on this. They built a fence with a very narrow gap linking the campus to a core path. They have since widened the gap in the featured fence to 1.5m and have also widened access points at the SE of campus to allow cargo bikes/ wheelchairs through. They claimed they assess all work against the equality act, but clearly don’t.

https://www.dailyrecord.co.uk/news/local-news/stirling-university-defends-access-levels-24481822

In Scotland, under the land reform act, power-assist wheelchairs and e-bikes count as non-motorised if below a defined power output.

Of course, you could just allow gun carry laws and allow MXers to be shot on sight if they’re where they shouldn’t be

Would solve a lot of issues…..

Of course, you could just allow gun carry laws and allow MXers to be shot on sight if they’re where they shouldn’t be

To be honest comments like this whilst potentially funny don’t change attitudes and arguably gives MXers another excuse for the criminal damage to fences, walls, gates as well as threats of physical violence against anyone recording or reporting them.

This means that you don’t end up stopping MXers using paths they shouldn’t be on – but do enable everyone else.

The problem with that approach is that the damage they can and will do, will very quickly make it inaccessible to those people you wanted to make it accessible to.

im sure there are lots of responsible green laners and enduro riders but it does seem to attract a particular type of ****.

but it does seem to attract a particular type of ****

We get ones on unregistered bikes wheelying down the main road. Groups including kids and parents who should know better riding around like they have an exemption from boring things like licences, registration, insurance.

They always trot out the “there’s nowhere to go” except there is less than 3 miles away

In the BBC documentary on Hellvelyn a woman was shown accessing the fells in a powered wheel chair. My memory is that she said she had the right to use Bridleways like a bike

To be honest I don’t think anyone would challenge her on a footpath, the issue as always is the gates and Stiles and potentially adverse ground conditions

My view is that where it’s possible to do it sympathetically a path should be accessible. I don’t think anyone is demanding wheelchair access on striding edge.

It’s only legal to use a power assisted wheelchair working the same way as an ebike. but who would stop her?