Bob Milton called for Surrey County Council to hold an independent investigation following an official complaint from the British Horse Society regarding the construction of a mountain bike event course

Comments Tony Barnett,
"The 2000 CROW makes it an offence to access commonland by any vehicle to include cycles excepting invalid cycles/mopeds that conform to the 1970, s20, C,C 44."

Says Tony Barnett

After reading the pamphlet from Hannah on cycles rights on bridleways, may I add legal advice?

Cyclist on open access, restricted rights of way is correct but may I draw your attention to the 2000 CROW act?

It is provided in this act, subject to the long drawn out court case on rights of vehicle access over common land and the rights/obligations of lords of the Manor, in this matter the LOM lost his fight to demand payment from his opponent to egress/ingress the common land to reach his property by motor vehicle ETC.

The conveyance and rights of way (1832 prescription act), the judge agreed that without a lawful access, the property could not be conveyed and without a lawful access the property would be land locked subjecting access over the common land in breach of the highways act.

Since that court action, the 1968 CROW has been extinguished where common lands are an issue for access.

The 2000 CROW makes it an offence to access commonland by any vehicle to include cycles excepting invalid cycles/mopeds that conform to the 1970, s20, C,C 44.

The act also provides that entry onto common land where the only animal allowed is a dog, unless there are other rights registered on a definitive plan or statement.

I am aware that a Mr Milton has written to the council, I am also aware of the content of that letter, I would suggest that the common legislation, conveyance/property (ancient) act and any other legislation, ie road traffic act, be examined, councils public liability insurance certificate/ cycling insurance and should the BHS encourage/assure members that all is safe to access, then it will have its own problems.