CityCyclingEdinburgh Forum » Debate!

The Scottish Outdoor Access Code aka 'Right to Roam'

(7 posts)

  1. LaidBack
    Member

    Living rurally this seems relevant as a basis for discussion. Not having a car or a dog makes me an outlier though.

    http://www.thenational.scot/comment/24992848.rhoda-meek-right-roam

    Those basics include the fact that your vehicle does not have the “right to roam”. Your feet do. Your horse does. Even your bike does.

    Posted 3 weeks ago #
  2. fimm
    Member

    Can't read the article, so I will just say that the Scottish Outdoor Access Code gives you a Right of Responsible Access, not a "right to roam".

    And yes, access rights do not apply to "any form of motorised recreation or passage".

    Posted 3 weeks ago #
  3. acsimpson
    Member

    I'm sure I've asked this before but motorised vehicles presumably includes any bike with a motor over 250 watts. Does it also include pedelecs too as they are only defined under the road traffic laws?

    Posted 3 weeks ago #
  4. ejstubbs
    Member

    From a document on the Outdoor Access Scotland web site dated February 2016:

    The Land Reform (Scotland) Act 2003, Section 9 (Conduct excluded from access rights) states -
    (f) being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person)

    Pre-existing roads legislation and regulations provide precise definitions on what are termed “Electrically-Assisted Pedal Cycles” (EAPCs), particularly for use when determining if an EAPC is not a ‘motor vehicle’ in terms of the roads legislation. These criteria may be useful when needing to distinguish between those electric bikes that could be used on all paths without any real problem, and those faster/heavier types that might create practical problems.

    Schedule 2 of the Land Reform (Scotland) Act 2003 does not include any provisions to modify any of this pre-existing roads legislation, so the two areas of civil and criminal law co-exist.

    Given...EAPCs which comply with [roads legislation] criteria are specifically not a ‘motor vehicle’ under roads legislation, it is generally taken as valid that – if compliant with these criteria - EAPCs are similarly treated as not being a ‘motorised vehicle’ under the Land Reform (Scotland) Act.

    There is a reference in the briefing paper to an 'advert', presumably intended to clarify this for the general population. I can't say I've ever seen any such advert - but then again I have so far worked under the same assumption as outlined in the briefing paper (which I only unearthed today) and I have to date never been challenged while exercising my rights of responsible access on my EAPC-compliant eMTB.

    Posted 3 weeks ago #
  5. chdot
    Admin

    @fimm

    “Scottish Outdoor Access Code gives you a Right of Responsible Access, not a "right to roam". “

    Yes

    Unfortunately it has become useful/ignorant ‘common parlance’.

    Unlike those in England and Wales, where Guardian analysis from last year found that less than half of the land is “open access”, Scotland’s national parks are fully open to everyone because of its right to roam law.

    https://www.theguardian.com/uk-news/2025/mar/11/galloway-national-park-scotland-campaign-controversy-naturescot-ngnp-gnpa

    Posted 2 weeks ago #
  6. fimm
    Member

    I wrote to The Guardian asking them to stop calling it "right to roam"!

    Posted 2 weeks ago #
  7. chdot
    Admin

    Slightly related -

    Initially launching with 15 spaces, from Cornwall to Scotland, the plan is to expand to other sites in the Rewilding Britain network. As part of the initiative, £1 from every CampWild membership will be donated to Rewilding Britain. “Every membership will directly contribute to rewilding efforts, ensuring that the very places we explore continue to thrive for generations to come,” said Backhouse.

    https://www.theguardian.com/travel/2025/mar/11/new-scheme-to-offer-campers-unprecedented-access-to-wild-spaces-across-britain

    Posted 2 weeks ago #

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