TJ91 Posted October 6, 2011 Report Share Posted October 6, 2011 I don't deny it is very dangerous by that wasn't the point. The point I am making is...we as public are allowed to cross ANY land to directly access the foreshore to exercise our right for recreation. This is what I have been informed by people from various places. If you can prove me wrong I will be sure to ring them and tell them they are wrong Quote Link to comment Share on other sites More sharing options...
MM Posted October 6, 2011 Report Share Posted October 6, 2011 I don't deny it is very dangerous by that wasn't the point. The point I am making is...we as public are allowed to cross ANY land to directly access the foreshore to exercise our right for recreation. This is what I have been informed by people from various places. If you can prove me wrong I will be sure to ring them and tell them they are wrong please listen. Mr Smith has worked in the industry for a long time. I had as well (until last week ) its against the law. If u dont believe it, u prove us wrong by taking ur shotgun and walking off the edge of the platform :lol: Quote Link to comment Share on other sites More sharing options...
mr smith Posted October 6, 2011 Report Share Posted October 6, 2011 (edited) The point I am making is...we as public are allowed to cross ANY land to directly access the foreshore to exercise our right for recreation. Okay the Eden estuary located on the south side of RAF Leuchars,there is a permit scheme for wildfowling on the Eden.You try walking past the gate house to get down to the foreshore,you won't get very far for a good reason. Your not allowed on or near rail lines for a good reason and as posted above parliament made it a criminal offence for that good reason. Edited October 6, 2011 by mr smith Quote Link to comment Share on other sites More sharing options...
mr smith Posted October 6, 2011 Report Share Posted October 6, 2011 I had as well (until last week ) Didn't know you'd managed to escape..well done...keep running and don't look back.. Quote Link to comment Share on other sites More sharing options...
TJ91 Posted October 6, 2011 Report Share Posted October 6, 2011 Okay the Eden estuary located on the south side of RAF Leuchars,there is a permit scheme for wildfowling on the Eden.You try walking past the gate house to get down to the foreshoore,you won't get very far for a good reason. Your not allowed on or near rail lines for a good reason and as posted above parliament made it a criminal offence for that good reason. Yes it is different there as there is no right to recreation as there is a permit scheme so the access is different Quote Link to comment Share on other sites More sharing options...
TJ91 Posted October 6, 2011 Report Share Posted October 6, 2011 please listen. Mr Smith has worked in the industry for a long time. I had as well (until last week ) its against the law. If u dont believe it, u prove us wrong by taking ur shotgun and walking off the edge of the platform :lol: I aren't arguing about it...well I guess I am...bit, I am just saying what I have been told by people who are in a position to help and advise on these matters. I aren't saying I have or will cross a rail line but from what I have been told it is allowed. I have not said what I personally think on this matter, I am just saying what I have been told. Quote Link to comment Share on other sites More sharing options...
MM Posted October 6, 2011 Report Share Posted October 6, 2011 Didn't know you'd managed to escape..well done...keep running and don't look back.. i was pushed instead of thrown :lol: all being well, ill be back soon though Quote Link to comment Share on other sites More sharing options...
mr smith Posted October 6, 2011 Report Share Posted October 6, 2011 http://www.basc.org.uk/download.cfm/docid/FCD17693-07C6-495E-962A24586837CCEF Right last post about this.Please read this. Quote Link to comment Share on other sites More sharing options...
Gutty Boots Posted October 6, 2011 Report Share Posted October 6, 2011 I asked this very same question to SACS about 9/10 years ago for the same reason, to save myself a long hike to the foreshore. The response I got was NEVER cross railway lines to access either the shore or farm/woodland permissions, you will be in court for armed tresspass end of! Never seen anything since to contradict that, including The Right To Roam Act etc, so I do the sensible thing & go the long way! Quote Link to comment Share on other sites More sharing options...
big bad lindz Posted October 6, 2011 Author Report Share Posted October 6, 2011 (edited) Hi Guys, Many thanks for all the replys and the debate it opened up. I think the link to BASC scotland from Mr Smith gives the answer. If I do ever get a reply from Network rail I will post it. I have also asked the question to Inverness transport police, again I will post it. The longer way to the area I want to get to is flat and to be honest I dont mind getting up at silly o`clock to go fowling although a couple of greys (if I am lucky enough)can weigh a fair bit and get heavier as the distance on the way back to the car seams longer. I suppose I am spoilt for choice where I live as I can also access some parts of the shore near where I live 10 minutes from the house and 5 minutes from parking the car. I just wanted some clarification. Again thanks for all your replys. BBL Edited October 6, 2011 by big bad lindz Quote Link to comment Share on other sites More sharing options...
Dr W Posted October 7, 2011 Report Share Posted October 7, 2011 If the place is in the middle of nowhere and no one is about and you look both ways before crossing (and you can see a long way down the track in each direction) then I'd probably just cross. Not saying this is allowed or right or what I would do (before the PW transport police jump down my throat) but if you're careful and no-one is likely to see you then I don't see the risk. Quote Link to comment Share on other sites More sharing options...
ayano3 Posted October 8, 2011 Report Share Posted October 8, 2011 I have had two work colleagues killed in their work vehicle crossing an unmanned crossing. If it took me an extra few minutes to get there and had to get up 30 minutes earlier then I would set my clock that 30 minutes earlier. Quote Link to comment Share on other sites More sharing options...
otherwayup Posted October 9, 2011 Report Share Posted October 9, 2011 ... Regarding the armed tresspass, ... Related general question - Does anyone KNOW how many, and which parts, of a shotgun you need to be carrying at the same time to be classed as armed? Quote Link to comment Share on other sites More sharing options...
guest1957 Posted October 9, 2011 Report Share Posted October 9, 2011 (edited) Related general question - Does anyone KNOW how many, and which parts, of a shotgun you need to be carrying at the same time to be classed as armed? Armed Trespass is an offence under s.20 Firearms Act 1968. Section 57 of the Firearms Act 1968 defines a firearm as: (1)In this Act, the expression “firearm” means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes—(a)any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and b any component part of such a lethal or prohibited weapon; and c any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;and so much of section 1 of this Act as excludes any description of firearm from the category of firearms to which that section applies shall be construed as also excluding component parts of, and accessories to, firearms of that description. So trespassing with any part of a shot gun would be armed trespass. Edited October 9, 2011 by guest1957 Quote Link to comment Share on other sites More sharing options...
HW682 Posted October 9, 2011 Report Share Posted October 9, 2011 (edited) pasted from the 2002 Home office guidelines... 13.70 The term component part may beheld to include (i) the barrel, chamber, cylinder, (ii) frame, body or receiver, (iii) breech, block, bolt or other mechanism for containing the charge at the rear of the chamber (iv), any other part of the firearm upon which the pressure caused by firing the weapon impinges directly. Magazines, sights and furniture are not considered component parts. Edited October 9, 2011 by HW682 Quote Link to comment Share on other sites More sharing options...
henry d Posted October 10, 2011 Report Share Posted October 10, 2011 its not up to them, its the law, totaly different in Scotland. You have the right to cross any land to directly access the foreshore where you have a right to shoot fowl Absolute and utter rubbish......again. You may not cross a railway line unless it is at an authorised crossing. If I park on Earlshall road in Leuchars Fife and walk due south to the Eden estuary just climbing any fences I come to, I deserve to get shot. Quote Link to comment Share on other sites More sharing options...
henry d Posted October 10, 2011 Report Share Posted October 10, 2011 Yes it is different there as there is no right to recreation as there is a permit scheme so the access is different Yes there is a right to recreation there, people walk their dogs there and the amount of horses is incredible(south side). Your sources are unreliable. There was a great stooshie over the gates at Walnut grove being locked to stop access to shooters/dog walkers and birdwatchers crossing however the law is clear. Lastly with the rubbish weather would you just tramp over farmer Giles uncut barley to access parts of the Tay? Noooooooo is the answer no matter what the rights are you have responsibilities and one is not to trespass on railway lines. Quote Link to comment Share on other sites More sharing options...
Andy H Posted October 10, 2011 Report Share Posted October 10, 2011 In section 2 of the scottish outdoors access code para 5 It specifically says that rights of access do not apply to airfields .RAILWAYS .military bases etc etc (RIGHTS OF WAY & ACCESS) SCOTLAND 2003 Quote Link to comment Share on other sites More sharing options...
JR1960 Posted October 10, 2011 Report Share Posted October 10, 2011 Have a beak at section 23 of the Railways Act 1868 and subsequent legislation. It doesn't matter where in the UK you are it is unlawful to trespass on the Railway.......period. Do it with a weapon and get caught and it'll seriously ruin your day. Get hit and you won't have another day to ruin. Quote Link to comment Share on other sites More sharing options...
mr smith Posted October 10, 2011 Report Share Posted October 10, 2011 Jeez where were all you guys the other day..... Quote Link to comment Share on other sites More sharing options...
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