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The fifty feet from centre of the highway rule


Dave-G
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That fifty feet rule - does it apply to adults and all firearms? It's the law bit I'm seeking rather than best practice or recommendations please chaps.

 

I ask because I occasionally feel the "optimum" place to shoot from is alongside a road or lane, and I'm sure many other shooters must find themselves in a similar location occasionally. What say you guys?

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22.17 Under section 161 of the Highways Act

1980, it is an offence for any person, without

lawful authority or excuse, to discharge any

firearm within fifty feet of the centre of any

highway which comprises a carriageway, if in

consequence, any user of the highway is

injured, interrupted or endangered. For these

purposes a carriageway means a highway

(other than a cycle track) over which the

public have a right of way for the passage of

vehicles. The Highways Act does not apply in

Scotland but Procurators Fiscal may use

common law offences of “culpable and

reckless conduct†and “reckless

endangerment†in situations in which the

1980 Act would be contravened in England

and Wales.

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basically you're fine as long as you use common sense

Yep, it's that simple;

 

" if in consequence, any user of the highway is

injured, interrupted or endangered."

 

That says to me, don't shoot if there is a car in your vicinity, a possible court case/loss of SGC, ain't worth it for a pheasant.

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22.17 Under section 161 of the Highways Act

1980, it is an offence for any person, without

lawful authority or excuse, to discharge any

firearm within fifty feet of the centre of any

highway which comprises a carriageway, if in

consequence, any user of the highway is

injured, interrupted or endangered. For these

purposes a carriageway means a highway

(other than a cycle track) over which the

public have a right of way for the passage of

vehicles. The Highways Act does not apply in

Scotland but Procurators Fiscal may use

common law offences of “culpable and

reckless conduct†and “reckless

endangerment†in situations in which the

1980 Act would be contravened in England

and Wales.

 

I have to say this Sam you may be a chocolate fireguard at shooting rooks, but your skills at finding the legislation etc are appreciated. :lol:

 

:yes: D2D

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Interesting this as i was wondering the same last night. On way home from work along a popular A road i saw back of landrover open next to road, landy was next to hedge and i saw the decoys on flappers in the rape field (Hide was field, NOT road side, of the hedge).

 

If it was 50 feet from the road it was very close. He was obviously firing in the opposite direction to the road. I could see no danger could come of it but it made me curious for future reference if it was too close. My thoughts in this instance were that it was perfectly safe due to the direction of the hide/gun etc but from a noise perspective? Could a passing car hear it and be alarmed by it? Does that count as 'interrupted'?

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Interesting this as i was wondering the same last night. On way home from work along a popular A road i saw back of landrover open next to road, landy was next to hedge and i saw the decoys on flappers in the rape field (Hide was field, NOT road side, of the hedge).

 

If it was 50 feet from the road it was very close. He was obviously firing in the opposite direction to the road. I could see no danger could come of it but it made me curious for future reference if it was too close. My thoughts in this instance were that it was perfectly safe due to the direction of the hide/gun etc but from a noise perspective? Could a passing car hear it and be alarmed by it? Does that count as 'interrupted'?

:good: Probably depends who the motorist is, if it's an anti-gun cop, or a local magistrate, you could well be in the brown stuff. They could claim that the shock may have caused them to have an accident, a very grey area methinks.

If the road user was an old dear on a push-bike who fell off with shock, you can probably wave goodbye to your SGC. Especially if she was related to the aforementioned! :blush:

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I've shot close to roads before and not had an issue, one particular place we are careful to make sure it's 50feet or more. That's not a lot of distance and there is a footpath behind the hedge, and a road beside it. Sometimes you can hear people "look, here comes another one BLAM yay he got that one" etc.

 

Bit of added pressure :blush:

 

Apart from blatant "not on the actual permission land" cases, this legislation has not yet been tested (source: BASC) so it's common sense really. Can't be a massive issue if it's never come up before.

Edited by pin
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Thanks chaps.

 

One particular piece of land I'm thinking of shooting out the car window has an access lane to the farmers field, another smallholding and a footpath. The owners of each would happily see the other fried in oil and I would'nt want to be caught in the middle.

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What about if you have a public footpath in the middle of your shoot?

 

Question was about highways, footpaths are a different shooting match - if you'll pardon the pun.

 

So long as you take suitable care you can shoot on and over footpaths, something you couldn't do with a road. I don't know many shooters who don't have public footpaths / rights of way on their land, just something you get used to.

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I have a number of foot paths criss crossing my permission (1,700 arable) I asked my FLo (Essex) and he stated that a footpath is a public place, so therefor possession of a firearm that is not unloded and in a secure slip is an offence. :lol:

 

I steer well clear of footpaths,

Not correct, according to BASC it is legal to shoot from a footpath. If you wish to take your example to the extreme, an open clay shoot is a public place.

The law states "without lawful authority or reasonable excuse", lawful authority is a SGC or FAC, reasonable excuse is defined as having the sporting rights either or one side of the footpath. The Highways act does not apply to footpaths, therefore the 50 foot rule does not apply either, but if you still believe it to be illegal, stand one foot to the side of the footpath, problem sorted!

Edited by bob300w
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I have a number of foot paths criss crossing my permission (1,700 arable) I asked my FLo (Essex) and he stated that a footpath is a public place, so therefor possession of a firearm that is not unloded and in a secure slip is an offence. :yes:

 

I steer well clear of footpaths,

 

 

That's the same opinion as my FEO. It is just that, an opinion, and it wont stand in court. I've shot off of many footpaths. You just have to be aware that a non shooting person could be alarmed by a man with a gun. Be gentle on them and break or slip the gun when they approach, and greet them politely as they pass. I've never had any trouble that way, but I guess there's always one nutter who's going to ruin it eventually :hmm:

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