Robby22 Posted November 24, 2013 Report Share Posted November 24, 2013 Hi All, As topic title states, we were out lamping last week and got stopped by one of our local constabulary, after he had checked us out as having permission and being logged in with police hq, he then asked us if we had been lamping from the roadside - and if we had it was classed as a distraction to motorists/offence, he also stated that if we were lamping from the roadside "it would be tempting to take a shot from there" I replied stating that we are and always have been law abiding shooters, and that we sometimes lamp to spot, and then call up down our off-road tracks - as it doesn't chew up the mud tracks when there is nothing there, I also offered to let him see my rifle with the bolt/magazine removed (it was in a zipped up slip) to which he declined. He the said he was going to log it with hq that we were lamping from the road and insinuated that it could make renewal of certificates difficult? He then let us get going. Now it's clear to me an the lads I was with that he was against shooting because in the 3 years we have been actively lamping weekly we have been stopped about a dozen times and they have always been fine with us, but my questions are 1) is lamping from the roadside an offence? 2) if it is an offence would it make renewals difficult? Thanks in advance Robby22 Quote Link to comment Share on other sites More sharing options...
simon1979 Posted November 24, 2013 Report Share Posted November 24, 2013 Are you just spotting from the road side or was you thinking of shooting from the road side to? I would say using a firearm on the roadside is illegal as you have a loaded weapon in public plus I think you cant discharge a gun with in 60 odd foot of carriage way I think anyway. But just the lamp on its own im nit sure Quote Link to comment Share on other sites More sharing options...
Robby22 Posted November 24, 2013 Author Report Share Posted November 24, 2013 Hi Simon, Thanks for the response, no it's nothing to do with shooting/discharging a firearm from roadside - that's what the officer was suggesting we do if we're lamping from there. It is just spotting with the lamp. Thanks Quote Link to comment Share on other sites More sharing options...
bighit1985 Posted November 24, 2013 Report Share Posted November 24, 2013 It's to cause a distraction to other users of the public highway that is illegal. Not just the shooting from the highway. You can quite legally stand on the road and discharge a firearm rifle or shotgun. So long as there is no distraction to other users caused by doing so. Quote Link to comment Share on other sites More sharing options...
Big Mat Posted November 24, 2013 Report Share Posted November 24, 2013 If you are just spotting with the lamp then you are doing nothing wrong. Sounds like officer was up his own backside with an axe to grind Quote Link to comment Share on other sites More sharing options...
pigeonblasterian Posted November 24, 2013 Report Share Posted November 24, 2013 Will have to watch out tomorrow night then when i go out. Usually have a quick lamp from road or field entrance to see if anything about. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted November 24, 2013 Report Share Posted November 24, 2013 Every time we go lamping we spot from the road and like you we stop lamping if other vehicles are about, which is hardly difficult at night as one can see their lights from miles away. Personally I would speak with a senior officer at the police station to find out if it had been logged and if it had I would make a complaint as you were not lamping in the strict sense of the word but shining a light from the road into the adjacent fields and were not inconveniencing anyone or committing any offense. Quote Link to comment Share on other sites More sharing options...
kent Posted November 24, 2013 Report Share Posted November 24, 2013 (edited) If you are just spotting with the lamp then you are doing nothing wrong. Sounds like officer was up his own backside with an axe to grind totally agree, make an official complaint. Personally I would have jumped down his throat with the comment about tempting to take a shot, Sometimes you have to push it as a serving friend told me there are "idiots" in all walks of life! Well actually it wasn't idiots but the swear filter and all that Edited November 24, 2013 by kent Quote Link to comment Share on other sites More sharing options...
r1steele Posted November 24, 2013 Report Share Posted November 24, 2013 Every time we go lamping we spot from the road and like you we stop lamping if other vehicles are about, which is hardly difficult at night as one can see their lights from miles away. Personally I would speak with a senior officer at the police station to find out if it had been logged and if it had I would make a complaint as you were not lamping in the strict sense of the word but shining a light from the road into the adjacent fields and were not inconveniencing anyone or committing any offense. +1 Definitely make an official complaint. You weren't breaking any laws and he needs a fair bit more education as to what is and isn't legal. Just because he says it would be tempting to take a shot means ****** all, you weren't tempted to take a shot so that's that. His opinions count for nothing, he should be applying the law not his own personal feelings. Quote Link to comment Share on other sites More sharing options...
_martin_ Posted November 24, 2013 Report Share Posted November 24, 2013 and if we had it was classed as a distraction to motorists/offence Better tell the farmers not to check their stock from the road then. Another idiot abusing his position. Report him. Quote Link to comment Share on other sites More sharing options...
simon1979 Posted November 24, 2013 Report Share Posted November 24, 2013 Cant see how its a problem shining a lamp across a field, wouldnt effect passing traffic. I do it a similer thing my self, but i do switch when a car go by, im gussing your only on a minor road so not much traffic anyway Quote Link to comment Share on other sites More sharing options...
Dave-G Posted November 24, 2013 Report Share Posted November 24, 2013 I'd be straight onto my FEO about that, before he gets it from general whatever to point out that you were spotting - not lamping and that the gun was in it's slip and you offered to show it but 'said officer' declined to establish that very important fact. Quote Link to comment Share on other sites More sharing options...
Robby22 Posted November 25, 2013 Author Report Share Posted November 25, 2013 Thanks for the response guys, I thought as much! Think il be getting touch with police! Thanks Robby22 Quote Link to comment Share on other sites More sharing options...
JonathanL Posted November 25, 2013 Report Share Posted November 25, 2013 Discharing a firearm near a highway is only an offence if it is done within 50 feet of the centre of a highway (which must incorporate a carriageway) and in doing that you injure, intrerrupt or endanger a user of the highway. It must be actual injury, interruption or endangerment not just a liklihood of. It is perfectly lawful to shoot even whilst standing in the centre of a highway as long as you have persmission to do it. Highways Act 1980 section161(2)(b) J. Quote Link to comment Share on other sites More sharing options...
DNS Posted November 25, 2013 Report Share Posted November 25, 2013 Personally I would stop short of making a complaint. A polite note to your FEO noting the conversation, setting out the facts as you see them and reinforcing the 'rifle in sleeve, bolt and magazine removed' good practice would be a good idea, in my opinion. The officer's recollection of your conversation will very probably be documented, it makes sense to get your side set out also. Quote Link to comment Share on other sites More sharing options...
kent Posted November 25, 2013 Report Share Posted November 25, 2013 Personally I would stop short of making a complaint. A polite note to your FEO noting the conversation, setting out the facts as you see them and reinforcing the 'rifle in sleeve, bolt and magazine removed' good practice would be a good idea, in my opinion. The officer's recollection of your conversation will very probably be documented, it makes sense to get your side set out also. Great, and they never make anything up do they - ask a chief whip! Why no official complaint? Politeness demands politeness, rude pomposity deserves investigation IMO. Please remember they serve us not oppress us Quote Link to comment Share on other sites More sharing options...
bostonmick Posted November 25, 2013 Report Share Posted November 25, 2013 I doubt you will hear anything about it,after all what were you doing putting a beam of light across the fields something I have done loads of times when checking to see where my horses are,after all if I was parked outside a bank with my gun in the boot does that mean I am going to rob them.i would say he was just giving it large. Quote Link to comment Share on other sites More sharing options...
Cranfield Posted November 25, 2013 Report Share Posted November 25, 2013 With rural crime as rife as it is, I would guess that most people living in the countryside would report a vehicle shining lights into a field from the road. We have coursers spotting hares like this and some people have been reported shooting from the road. I don't think the act is illegal , but its one of those things that probably best not to do if you can avoid it, as it will surely be misunderstood. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted November 25, 2013 Report Share Posted November 25, 2013 It's to cause a distraction to other users of the public highway that is illegal. Not just the shooting from the highway. You can quite legally stand on the road and discharge a firearm rifle or shotgun. So long as there is no distraction to other users caused by doing so. REALLY! Quote Link to comment Share on other sites More sharing options...
spandit Posted November 25, 2013 Report Share Posted November 25, 2013 It is perfectly lawful to shoot even whilst standing in the centre of a highway as long as you have persmission to do it. Highways Act 1980 section161(2)(b) J. How does one get permission from a public road? REALLY! Yes, really. But you edited out some of his context Quote Link to comment Share on other sites More sharing options...
JonathanL Posted November 25, 2013 Report Share Posted November 25, 2013 How does one get permission from a public road? By having permission from whomever owns it to shoot vermin, perhaps? J. Quote Link to comment Share on other sites More sharing options...
The Essex Hunter Posted November 25, 2013 Report Share Posted November 25, 2013 I lamp from the side of a quite busy road and just stand a few yards in from the head land so I am over 50 feet....making sure I never shine along the roads edge... Sitting in your truck on the hard standing and shining a lamp out the passenger side across the field is what the hare coursers do so if you were on the highway as sorts then he might have a point.... However the side swipe comment was uncalled for and I would ring and ask what he mentioned to be explained... Don't sweat on his quip... TEH Quote Link to comment Share on other sites More sharing options...
joe soapy Posted November 25, 2013 Report Share Posted November 25, 2013 We used to travel miles lamping from the pickup. The bit they get excited about is not being seated with belt on. Tis a waste of time now that all the deadstock has to go to knackerman, and not much left for the foxes to live on Quote Link to comment Share on other sites More sharing options...
Kes Posted November 26, 2013 Report Share Posted November 26, 2013 I would support Charlie T's view - go in an inquire mention that you were not shooting and section 161 (2) of the Highways Act 1980 and ask what were you doing that could be construed as wrong ? I would be wary of shining a light from a highway to check for vermin. It isnt illegal or even dangerous unless there is significant traffic and it causes a distraction but its not an offence. I think the constable was just ignorant and thinking on his feet, so it may be wise to avoid a formal complaint and ask the sergeant on the desk if he could make sure the constable is set straight. If there is no report made by the constable I would stick with this but if a report has been made, read it and complain if any misrepresentation of the truth has been made. Quote Link to comment Share on other sites More sharing options...
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