Continued reluctance to discuss the issue of biking on military land could leave responsible cyclists excluded from the debate
South-east England may not be blessed with the type of angular geography enjoyed by mountain bikers in Wales, Scotland and northern England, but with acres of army land as a substitute you'll rarely hear riders complaining.
All that may be about to change though, with the announcement by the Ministry of Defence (MoD) that it could soon start using existing historic legislation to prosecute cyclists who stray into the depths of its training estates.
Aldershot, known as the "home of the British army", is a prime example of south-eastern urban sprawl, where mountain biking might scarcely exist were it not for the miles of surrounding military land.
Like many other MoD sites nationwide, the sport thrives here despite having long been illegal. The local bylaws, drawn up in 1976, state:
"? no person when on the military lands shall ? ride a ? bicycle ? otherwise than on a carriageway of a road suitably constructed and made up for use by vehicular traffic ?"
Anyone caught breaking this law by a training area marshall or MoD police officer could face prosecution, a �500 fine and the unthinkable prospect of having their bike confiscated.
With so much at stake it seems crazy that anyone would risk it, but the truth is riders have never really seen it as a cause for concern. In fact, since the Aldershot and district bylaws were introduced 35 years ago, not a single rider has been prosecuted under the legislation.
The legality of riding on army land remains a hot topic on mountain biking web forums, with many threads reaching the conclusion it's best to just keep quiet and carry on.
Some have even expressed high hopes for the future, believing a national review of the bylaws, currently being carried out by the MoD, could be a sign things are changing for the better.
The truth may therefore come as something of a disappointment. Far from warming to the idea of riders using its land, the MoD sees mountain biking as a growing problem and is considering greater enforcement of its anti-cycling laws.
"Military training is being squeezed," explained a inistry spokesman.
"The MoD holds its estate for one reason ? military training ? and this must be enabled as part of any balance with public access. It is not anticipated that cyclists will be given an open right of access across this part of the estate.
Aside from disruption to training, there have been instances of cyclists injuring themselves off road and as landowner we have a duty of care to anyone on our property. We therefore try to remove that risk by application of the byelaw excluding cycling from off road areas.
There are cases in other areas where prosecutions have occurred or injunctions have been taken out."
I flagged down a pair of riders at Aldershot (let's call them Adam and Matt), who were surprised to hear of the MoD's stance:
"We've been riding here for 10 years and nobody has ever asked us to leave, which shows we're not getting in anyone's way," said Matt. "The land is open to the general public and loads of people come down here to walk their dogs or go for an afternoon stroll; I don't see how what we're doing is any more disruptive."
"Mountain biking obviously has its risks," said Adam, "but we should be allowed to ride off road responsibly and at our own risk. If the laws are being reviewed, now would be the perfect time to make these changes."
However, the issue may not be as straightforward as they think. Environmental factors are another important consideration, as conservation of much of the land is protected by law, both as a Site of Special Scientific Interest (SSSI) and Special Protection Area (SPA).
The rise in popularity of "North Shore" style riding in recent years has inspired some riders to modify the landscape in ever more dramatic ways. The discipline, which originates from the north shores of Canada, involves incorporating elaborate man-made obstacles into the trails ? a trend which the MoD says is a step too far:
"We have found that a number of biking 'courses' have been created on the estate without our knowledge or approval," continued the MoD spokesman. "This not only increases our risk under our duty of care, but will almost always be an offence under the habitat regulations, which protect the SSSI and SPA status of the training areas.
"Removal of such courses and rectification of any damage is required by SSSI legislation and is at a cost to the MoD."
This news will be frustrating for the majority of bikers, who are more than happy to ride without tearing gaping holes in their surroundings. Riders here feel they have established themselves as part of an accepted culture and that the future should include them in some way; a view not entirely shared by the MoD:
"With an estimated population of some 5 million people within a 30-minute radius of our Home Counties training areas, the sites suffer from extremely high levels of public access pressure," said the spokesman.
"If the current level of infringements, damage and disruption continues it is likely additional resources will be found to manage access in a more appropriate fashion."
So, it's naive to think keeping quiet will simply make the issue disappear. The MoD is acutely aware of the status quo, sees it as unacceptable and is ready to take action; not just at Aldershot, but across the whole Home Counties region.
Reckless riding and environmentally damaging practices unfortunately speak for themselves, whereas little has been said in support of the moderate military land mountain biker. Continued reluctance to discuss the issue could leave responsible cyclists excluded from the debate altogether, so maybe it's time to stand up and be counted.
Source: http://www.guardian.co.uk/environment/bike-blog/2011/jan/24/cycling-military-land
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