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  1. #11
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    Re: Open roads proposal

    Quote Originally Posted by AndyRAC
    From memory - when I went to the Jim Clark in 1999, I remember being told that once the 'road closer' car had been through, it was illegal to set foot once the road, and you were actually breaking the law. I presume this is still the case
    As far as I understand the law, it states that it is illegal to walk on the road once closed (it closes at the set time whether or not the road closer car has passed!).

    I am not sure of the law of standing on the road.

    But it only applies up to the highway boundary - so they can't stop you walking behind the fence/hedge or across fields etc, where the Land Reform (Scotland) Act applies.
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  2. #12
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    Re: Open roads proposal

    Yeah, that's what most people were doing - walking across fields; it was the Langton stage actually.

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  3. #13
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    Re: Open roads proposal

    And it's important to remember that the highway boundary extends all the way to the fence / wall alongside the road, most roads in the UK are fenced. Not sure what the situation is with unfenced roads, perhaps it's only the road surface itself?
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  4. #14
    Senior Member Langdale Forest's Avatar
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    Quote Originally Posted by J4MIE View Post
    As far as I understand the law, it states that it is illegal to walk on the road once closed (it closes at the set time whether or not the road closer car has passed!).

    I am not sure of the law of standing on the road.

    But it only applies up to the highway boundary - so they can't stop you walking behind the fence/hedge or across fields etc, where the Land Reform (Scotland) Act applies.
    So could you theoretically be prosecuted for walking across a live stage?

  5. #15
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    Taken from the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996



    (7) If any person without the consent of the Council knowingly and without reasonable excuse enters or remains upon any public road which is closed to him, or drives or causes or permits to be driven a vehicle upon any public road or part of a public road which is closed to that vehicle under this section, or fails to comply with any condition subject to which the Council have given their consent under this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (8)In proceedings for an offence under subsection (7) above, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
    Fine of up to Ł2500.

    But if there isn't a sign up making you aware the road is closed.....
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  6. #16
    Senior Member MrJan's Avatar
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  7. #17
    Senior Member steveaki13's Avatar
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    I wonder how exactly this would play out in practice? I would personally love to have more events to see.
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  8. #18
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    Quote Originally Posted by Langdale Forest View Post
    So could you theoretically be prosecuted for walking across a live stage?
    Two people were prosecuted on the Isle of Man for crossing the TT Course when the road was closed.
    http://www.energyfm.net/cms/news_story_320517.html
    The Manx legislation doesn't permit walking or standing on a closed road unless you are a signed-on official with the authority to be there. Race & rally marshals are empowered as Special Constables to enforce the road closure order.
    Last edited by Steve Boyd; 21st July 2014 at 11:42.

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