Public Rights of Way >> Reporting Obstructions
Forestry Commission Scotland's Ae Line Trail at 7Stanes
Obstructions on bridleways and byways such as barbed wire, farm implements, buildings or fallen trees are illegal and should be removed by the landowner. It is the duty of the Local Highway Authority - usually the Public Rights of Way (PRoW) Department - to ensure that they are removed.
If you encounter such obstructions then use the IMBA PRoW Problem Report Form (PDF). Fill this in and send it to your local authority PRoW Department, and ask them for a timescale when action will be taken. Use this link to locate the appropriate council office.
You should also report the obstruction on the CTC's website Clear That Trail which lets you register the problem, and upload photographs if you have them. This will automatically generate a second report to the local authority from CTC, which should help things along. Remember to go back to Clear That Trail to report when the problem has been fixed, so that councils which fix problems quickly may be properly recognized.
If nothing has happened after a month, then contact the PRoW Department again and inform them that if no action is taken, then you may have to consider making a "Section 63" request. Section 63 of the 2000 Countryside and Rights of Way Act is an extremely powerful tool, and starts a process which, if not acted on, will result in a magistrates order requiring the Local Authority to take action to get the obstruction removed.
This process requires a series of specific Magistrates Court Process forms to be used. Generally speaking, once Form 1 is received by the Local Authority, then they will take action and the problem will be sorted. However, we are aware of certain renegade local authorities who will try to get cost awards against users. For the majority of local authorities this is a very slim risk, but do make absolutely sure of your facts before putting the Form 1 in the post box!
For any further advice - please contact the IMBA office.
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