There are now several laws which are designed
to tackle the problem of illegal unauthorised access, these in brief are;
the Countryside and Rights of Way (CROW) Act 2000 which can lead to
prosecution under ‘damaging operations’; the Road Traffic Act 1988
which covers non road legal machines as an offence; and Police Reform Act
2002, which gives wide ranging powers to the police to seize machines
which are causing ‘alarm, distress, or annoyance to members of the
public’.
There is no easy answer to the problem of illegal
access, the best approach would seem to be a combination of measures.
Physical works such as fencing, bollards and signs can completely remove
the problem but this is not always desirable or possible as it can be
expensive and aesthetically unpopular. More subtle methods involve the
empowerment of the local community to act as wardens for a site, reporting
any misuse rather than direct intervention. This build up of data can be
very useful to the police if prosecutions are brought.
The police themselves can be used to target persistent
abusers on sites that have suffered repeated problems. Just such a scheme
was set up in Dover called Operation Freedown on an area of chalk
grassland designated as a Site of Special Scientific Interest. Undercover
officers were used to collate information on illegal motor bike use.
Having gathered intelligence, offenders were identified and arrested. This
drastic measure involved a lot of police time and money, but gave a clear
signal to all that this behaviour will not be tolerated. A significant
drop in the number of bikes using the site since the arrests would seem to
indicate that the operation has been a success. This approach has now been
expanded to the rest of East Kent. With further arrests occurring in Duke’s
Meadow, Harbledown another black spot.
The obvious solution is to provide sites for bikes to
use located in areas that would not disturb people and wildlife. These
facilities do exist, but it tends to be a different, less well equipped
user who is causing the problem. The bikes tend to be ridden by teenagers
and are often illegal machines, which can be a real hazard to the user
themselves.
With a combined effort the minority of users who spoil
it for everyone else can be acted upon and stopped. Encouragement should
be given to users to join legitimate groups such as Trail Riders
Fellowship and The Green Lane Association, which make use of legally
entitled routes. In this way the countryside can be enjoyed by all, and
not tainted by the few.
Jason Adams,
Ashford Countryside Officer
