Land Reform Act (Scotland)

[rommel]

I was just reading the Reform Act 2003 and noticed "Motorised Recreation" was excluded from access rights.Can we interpret this as including motor homes.

 

[AndyC]

I was just reading the Reform Act 2003 and noticed "Motorised Recreation" was excluded from access rights.Can we interpret this as including motor homes.

Yes I believe so. The Land Reform Act specifically excludes:

"being in or with a motorised vehicle or vessel (other than one constructed or adapted for use by a person who has a disability, being used by that person)"

AndyC

 

[Deleted member 4053]

Section 9 states:

Conduct excluded from access rights

The conduct which is within this section is—

(a) being on or crossing land in breach of an interdict or other order of a court;

(b) being on or crossing land for the purpose of doing anything which is an offence or a breach of an interdict or other order of a court;

(c) hunting, shooting or fishing;

(d) being on or crossing land while responsible for a dog or other animal which is not under proper control;

(e) being on or crossing land for the purpose of taking away, for commercial purposes or for profit, anything in or on the land;

(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);

(g) being, for any of the purposes set out in section 1(3) above, on land which is a golf course.

Seems s.9(f) would includes motor homes.

Wee-z
Adele

 

[AndyC]

Effectively it means that you don't have a right of access with a motorhome, so you are in the same position that applies in England where access and staying overnight depends on the permission of the land owner.

AndyC

 

[jogguk]

Section 9 states:

Conduct excluded from access rights

The conduct which is within this section is—

(a) being on or crossing land in breach of an interdict or other order of a court;

(b) being on or crossing land for the purpose of doing anything which is an offence or a breach of an interdict or other order of a court;

(c) hunting, shooting or fishing;

(d) being on or crossing land while responsible for a dog or other animal which is not under proper control;

(e) being on or crossing land for the purpose of taking away, for commercial purposes or for profit, anything in or on the land;

(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);

(g) being, for any of the purposes set out in section 1(3) above, on land which is a golf course.

Seems s.9(f) would includes motor homes.

Wee-z
Adele

Unless your disabled and have a suitably equipped motorhome Does not need to be the driver

 

[Channa]

Unless your disabled and have a suitably equipped motorhome Does not need to be the driver

Indeed, and of course a person can be registered disabled and not require adaptation.

How does the law stand here ? Is the legislation ( correctly IMHO) aimed at providing access to the disabled, or more concerned that the vehicle has been adapted in some shape.

I would hope tha tin spirit it is the former

Channa

 

[scooter]

Lets dont over complicate things to be allowed the same access rights as people in tents the vehicle must display a current tax disc which is classified disabled.
When i talk with local police who check local camping spots up and down Scotland i always make sure that they are aware of the exemption in the scottish act ,which provides motorised access for disabled people .
Another thing to be aware of is that this act of the scottish parliment over rides any previous local bylaw regarding camping within the provisions of the act.
so most no camping signs are now illegal in Scotland,but you will notice local authorities have changed the signs and replaced them with No over night parking ,so if they cant get you one way they get you another.
Private signs made by Joe public are illegal and you have the right to camp anywhere within the provision of the act.
So if your vehicle is tax class disabled you do have more parking right to camp ,it is a good idea to print out a copy of the act which includes the clause for disabled people,then if challenged a copy of the law in black and white is a great tool to have.

 

[Channa]

Lets dont over complicate things to be allowed the same access rights as people in tents the vehicle must display a current tax disc which is classified disabled.
When i talk with local police who check local camping spots up and down Scotland i always make sure that they are aware of the exemption in the scottish act ,which provides motorised access for disabled people .
.

This surprises me slightly, On the assumption that most people would tax the familiy car Disabled category I wasnt aware a second vehicle could be taxed in the same manner ?

Are you suggesting this is possible ?

If so how ?

Regards

Channa

 

[scooter]

This surprises me slightly, On the assumption that most people would tax the familiy car Disabled category I wasnt aware a second vehicle could be taxed in the same manner ?

Are you suggesting this is possible ?

If so how ?

Regards

Channa

No you cant have tax exemption on more than one vehicle but if the disabled person decides to put it on their motorhome or perhaps they dont have the luxury of choice.
Myself and plenty others who have disabled road tax on motorhomes then do have undisputable evidence on the windsreen that the vehicle is used for a disabled person,
Its the only way that really proves that the vehicle is adapted or meets the needs of a disabled person to allow them camping rights.
a blue badge proves that a person is disabled but does'nt prove that the vehicle is adapted for their needs as it can be used in any vehicle,but would go a long way in showing that the person is in fact disabled,i shown the tax on the windscreen to a warden that was with a police officer who regularly patrol together at loch Rannoch, he then pulled a folder out of the car and checked the Scotland act ,they were then satisfied we wer'nt breaking the law by camping in our van,I suppose if the wife had shown her blue badge instead i think they would have accepted that as evidence of her disability and entitlement.
In that area they embrace peoples right to camp there are signs everywhere informing you of your rights and responsibilitys of non vehicular camping,this is not the same in other regions ,but if you show them a copy of your rights most are not keen to go against disabled rights.
Can i say something i believe things in Scotland were much better for motorhomes before the new land act,all it did was give freedom to mucky road side camping people to do what they like and leave their filthy rubbish up and down the country,the authoritys cant catch or do much about them ,so what do they do well put up no overnight parking signs so they cant park their cars to camp,and the innocent people including ourselfs suffer because of the actions of others.