Mad-laners Megathread

http://s758.photobucket.com/albums/x...roundquatt.mp4

More green laning action, quality aint great, the original is good, just sucks the life out when you make a movie.

Binned the bike on this day also, but didnt have camera on
Went over a jump a bit too fast, spent the next 15 metres or so trying to corrrect it but it just didnt wanna know, ended up in the hedge with bike on top of me and bike didnt stall

Well I haven't seen the video yet as my broadband is too crap! I'm downloading it and I'll see it in 20 minutes time. But I'm guessing there was a really narrow track, which you could only walk down in single file, and you won't see much other than foliage with as low down as Specialone's camera is.

Well that was marked on the map and on my sat nav as a ROAD!

I didn't see Specialone bin the bike either

Wish I'd watched the video at the time, that old b******d didn't drop the footpump, he threw it at you on purpose because he didn't like you riding down HIS lane. He put his hand out as if he wanted me to stop, but I was past him before I could react, so he thought he try and stop you by throwing something at you. He could have bought you off and seriously hurt you, if I'd watched that at the time I'd have gone back and given him a right blolocking.

Originally Posted by -Ralph-

Wish I'd watched the video at the time, that old b******d didn't drop the footpump, he threw it at you on purpose because he didn't like you riding down HIS lane. He put his hand out as if he wanted me to stop, but I was past him before I could react, so he thought he try and stop you by throwing something at you. He could have bought you off and seriously hurt you, if I'd watched that at the time I'd have gone back and given him a right blolocking.

From what i remember he was facing away from me i think, he seemed startled by me and spun round which is what i thought caused him to release the pump.
If i would have suspected at the time i would've had a go at him as well as it was me who could have binned it.
When we stopped i looked round and he'd gone so if he wanted to moan that was his opportunity.

Ill watch it again.

Originally Posted by specialone

From what i remember he was facing away from me i think, he seemed startled by me and spun round which is what i thought caused him to release the pump.
If i would have suspected at the time i would've had a go at him as well as it was me who could have binned it.
When we stopped i looked round and he'd gone so if he wanted to moan that was his opportunity.

Ill watch it again.

Nah, he reacted to me coming past, so he wasn't startled by you, he was waiting for you, you can see his arm toss the pump across your path, it was timed so you would ride into it.

Originally Posted by -Ralph-

Nah, he reacted to me coming past, so he wasn't startled by you, he was waiting for you, you can see his arm toss the pump across your path, it was timed so you would ride into it.

Just watched it again, still not sure, old git, wish i had stopped and just picked it up for him, then i could have judged his reaction.

I suspect we are gonna come across anti laning stuff from time to time, they think the land is theirs for their use only.

Originally Posted by specialone

I suspect we are gonna come across anti laning stuff from time to time, they think the land is theirs for their use only.

Funnily enough, just been looking at the lanes around where I am going to live, and it seems none of the Northamptonshire traffic regulation orders affect motorcycles. The list of TRO's may actually be one of the easiest sources of information we have on where to find the lanes.

http://www.northamptonshire.gov.uk/e...trictions.aspx

I wonder if Speedplay has ridden all of these?

Obstructions to Highways - Legal precedents of note.

1. Vanderpant v Mayfair Hotel Co (1930) 1 Ch. 138 at 152:
An encroachment on a highway is by common law a public nuisance. It is no defence that the obstruction is made on a part of a highway which is not habitually or ordinarily used for passage. It is no defence that the obstruction is in other ways productive of public benefit, and however reasonable may be the use of a highway by an owner of adjoining premises the public right is a higher right than his and he must yield to the public right.”

2. Harvey v Truro Rural Council (1903) 2 Ch.638 by Joyce J:
in the case of an ordinary highway running between fences, although it may be of varying and unequal width, the right of passage or way prima facie, and unless there be evidence to the contrary, extends to the whole space between the fences, and the public are entitled to the entire of it as a highway, and are not confined to the part which may be metalled. All the ground that is between the fences is presumably dedicated as a highway unless the nature of the ground or other circumstances rebut that presumption.

It is an established maxim that ‘once a highway, always a highway’. The public cannot release their rights. Mere disuse of a highway cannot deprive the public of their rights. Where there was once been a highway no length of time during which it may not have been used will preclude the public from resuming the exercise of the right to use it if and when they think proper. Even if the highway authority had actually consented to any obstruction or encroachment upon the strip being part of the highway, such consent could not legalise that which was otherwise illegal. ...”

3. R-v-Surrey CC ex parte Send Parish Council (1979) Lane LJ:“

The local authority must at all times act with the object of protecting the highway and of preventing or removing any obstruction, and more broadly speaking, of promoting the interests of those who enjoy the highway or should be enjoying the right of way and the county council must likewise operate against the interests of those who seek to interrupt such enjoyment of the highway.”

4. Seekings v Clarke – (1961) Parker LCJ:“

"It is perfectly clear anything which substantially prevents free access over the whole of the highway is an unlawful obstruction"

5. R v Mathias (1861) Byles J:“

"A nuisance to a way is that which prevents the convenient use of the way by passengers"

6. Bateman v Burge (1834):“

If a fence or wall is erected, or a hedge is planted, in such a way that the pre-existing width of a right of way is reduced, the fence, etc, constitutes an obstruction.”

7. Bagshaw v Buxton Local Board of Health (1875):

At common law a highway authority is under a duty to seek, prevent and remove obstructions.

8. Abel v. Stone (1969) Lord Chief Justice Parker

“The case of Gully V Smith (1883) makes it perfectly clear that there can be a wilful obstructing of free passage by an act of omission as well as an act of commission and where, as here, a notice has been given of requiring the obstruction to be removed then failure to comply with that notice is evidence of a wilful obstruction...... for my part I am quite satisfied that a wilful obstruction of this sort is a continuing offence and certainly occurs whenever there is failure to comply with a notice.”

Highway Act 1980:

130.--(l) "It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of anyhigh-way for which they are the highway authority, including anyroadside waste which forms part of it."

The important word in s130 is DUTY. A duty cannot be prioritised and there are no excuses for not carrying it out. It must happen, and it must happen before a power is exercised. For example, an authority may have a power to divert a highway or to impose traffic management but these are only options. Repair and removal of obstructions are duties that must happen before management options are used. It is unfortunate that some authorities will often use a power to prevent use of a way rather than repair and make good for all users.

Originally Posted by -Ralph-

Well that was marked on the map and on my sat nav as a ROAD!

I would check on 'where's the path' website as Ordnance Survey identify it as a path not a lane.

It's a really good website for identifying lanes and planning routes.

Originally Posted by KeithCRM

I would check on 'where's the path' website as Ordnance Survey identify it as a path not a lane.

It's a really good website for identifying lanes and planning routes.

Nice link, thanks for that!

are you a laner as well?