 Poster: A snowHead
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Does anyone have any experience regarding the law and sliding down a hill in a field?
I have a field with a hill near my house and a public footpath runs through it. Ignoring the fact that I may trash my bases and I'll have to trudge up it it is there any reason why I can't go for a slide?
I know it is not illegal to cycle along a footpath except under local bylaw or you can be sued for criminal damage by the landowner.
By the way the field is grazing for horses so no crops or furrows 
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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I was stopped for using a motorised skateboard on a public footpath and considered it a fair cop (despite there being no notice banning them). Park-keepers tend to be a law unto themselves.
Then again, you wouldn't want to ski into a pedestrian. Or would you?
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You need to Login to know who's really who.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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tiffin, I think you could probably be pulled up for the same offence under S72 of the Highways Act 1835. This states that:
"If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon; every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding level 2 on the standard scale], over and above the damages occasioned thereby."
if one argued that your skis were, in fact, a "sledge". It is quite clear that footpaths are only for walkers (although case law has allowed pushchairs, wheelchairs etc. I'm not aware it has ever been tested for use of skis - for obvious reasons!)
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Tiger2, Yeah I saw that one, presumably designed to stop horses/cattle muddying up or blocking the path.
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tiffin, I agree. And, indeed, "damages" have to be claimed by the landowner for illegal use of the footpath. However, just be aware that the offence also carries a fixed penalty fine of £60. The chances of you ever being fined are probably small but that wasn't the subject of your OP. As with many aspects of the interpretation of the law it is not until they are tested through the courts do you ever get a definitive answer.
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So it's legal to sledge on a road, but not pull a toddler on a sledge on the pavement?
Funnily enough we used to go sledging on a steep road, and compact the snow and make it so icy all the car owners had to leave their cars at the bottom of the hill 
Sledging on the pavement was a PITA because of all the dropped kerbs.
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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Tiger2, I don't see how you could really argue that skis are a "sledge", nor do you "lead or drive" them.
I think it is almost certainly legal to ski on a footpath, so long as you are not causing a danger to others.
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alex_heney, while I agree that the term "sledge" probably didn't mean a ten quid moulded plastic affair in 1835 when the Act was drafted subsequent Acts and guidance as well as case law refers specifically to footpaths being for the sole use of "walkers". I'm not sure you could argue that a skier was a walker [check spelling  ] but it would be fun trying!
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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kevindonkleywood, if it was only a muddy puddle then tiffin wouldn't want to ski down it.
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You know it makes sense.
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That quote from S72 explicitly refers to a footpath by the side of the road, so is not applicable to paths through fields.
Just go and do it! Don't worry about any legalities.
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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Tiger2, I thought the fixed penalty was applicable only to footways rather than footpaths
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Poster: A snowHead
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thinking more about this....
technically, you'll actually be in the sky above the footpath.
still don't see any reason why you can't just go for it.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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thinking more about this....
technically, you'll actually be in the sky above the footpath.
still don't see any reason why you can't just go for it. in fact... what has happened to the world, if you have to ask the question in the first place!!!!!!?
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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IMHO footpaths (whether through a field or not) are highways - hence the relative legislation being the Highways Act. As far as I know there is no such thing as a "footway" (unless you can point me to the necessary definitions).
Don't get me wrong - I think tiffin should just go and do it (as, indeed, I think he does too). It was merely the pedantry of whether or not it was legal that drew me in. (After all, I was accused of not being pedantic enough when I made my second post on the forum.)
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You need to Login to know who's really who.
You need to Login to know who's really who.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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So if its definitely a 'highway' you would now have to prove that skiing is not a 'pedestrian' form of locomotion? 
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You'll need to Register first of course.
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Surely no differnt to using a skateboard or roller skates?
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| tiffin wrote: |
I know it is not illegal to cycle along a footpath except under local bylaw or you can be sued for criminal damage by the landowner.
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And while we're being pedantic, the action taken by the landowner would be a civil action to recoup any financial losses caused by your trespass, not a prosecution for criminal damage.
I ride my bike on loads of footpaths locally and have had very little issue. What confrontation I have had has been from ill-informed 'Sunday walkers' (never get further than half a mile from the car park/pub/cafe). I may well have ridden past other landowners without knowing about it but of the three I do know about and see regularly, one will go out of his way to hold the gate open for me if he sees me coming down the path, one gives me a cheery wave when I pass and the last completely blanks me. Mind you, he completely blanks me if I'm running or walking too.
Anyway, back to skiing - I've been skiing down a footpath today that runs down a hill through four fields. My wife and kids (and loads more) were sledging in the bottom field. So was the family that owns the land.
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Earlier, I drove past a man who was happily pootling along the pavement, on long skinny skis. Barlow Moor Road. M21. Looked a lot safer (& more fun) than any other mode of transport round here today!
(post with nowt really to do with the OP, but, well, wth?!)
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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Higs, while nothing to do with the OP, riding your bike on a footpath is, no question, illegal and you could be subject to a fixed penalty fine as well as damage claims from the landowner. Thus your "Sunday walkers" are not "ill informed".
Riding along a bridleway is OK though.
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You're wrong Tiger2, it's a civil matter where no fixed penalty applies.
"It is important to note that most legislation relating to 'cycling on footpaths' actually relates to the riding of cycles on a 'footway set aside for the use of pedestrians' which runs alongside a road. For example, the 'fixed penalties' brought in a few years ago do NOT apply to country footpaths where there is no road."
http://www.bikeforall.net/content/cycling_and_the_law.php
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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Why not just ask the owner of the field if you can ski on a bit away from the footpath?
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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davkt,
...and offer to make a donation to charity. That makes it pretty hard for them to refuse without looking a t**t.
Bear in mind though that if the field is used for horses they probably don't want the snow packing down and making any slippier. Horses are expensive things to get vet treatment for.
adrian
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Horses almost certainly won't be out in the snow if the hill is steep enough to ski on. Horses are keen to break themselves at the best of times, without steep potentially slippery ground!
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You know it makes sense.
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| Tiger2 wrote: |
Higs, while nothing to do with the OP, riding your bike on a footpath is, no question, illegal and you could be subject to a fixed penalty fine as well as damage claims from the landowner. Thus your "Sunday walkers" are not "ill informed".
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Rot.
You are as ill-informed as a Sunday walker.
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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to the OP, if you are really worried about this ....i suggest you seek counselling .
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Poster: A snowHead
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Thinking by Winners:
"It doesn't say I can't so I will."
Thinking by Losers:
"It doesn't say I can, so I won't."
JFDI
[/whitegold]
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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tiffin, Quite obviously - you don't have a freeriders mentality - if you did you would just go for it 
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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tiffin, Quite obviously - you don't have a freeriders mentality - if you did you would just go for it
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FAQ
's bylaw that makes it illegal not to at least attempt to ski down it.