Riding the Towpath

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RoA

Member
Hello all.

I imagine there are a few members who spend time commuting or enjoying the gentle climbs that come with riding the canal and river towpaths. I do a bit of cycling between locks as it can be easier than hopping on and off the boat. Being as my main pastime now is cruising my boat around the inland waterways. And to a point I have sort of retired from a whole multitude of other pastimes including dog walking, horse riding, cycling, rambling, fishing and bird watching. I also used to enjoy swimming, but that’s not a pastime I would recommend for our canals and rivers. Especially after coming to realise - in some cases witness - what ends up in them! In case you're wondering about whether horses should even be on the towpath – the towpath was after all constructed for horses to tow boats!

Contrary to what you might think, boating can provide some good exercise even if its only winding up and down the paddle gear and opening and closing lock gates. I can always incorporate any willing volunteers for a day as junior lock slave. ;-) I might well bump into some of you (not literally I hope) as you enjoy a day out doing your own thing along the rivers and canals. I'm not being a killjoy when I say, if you are a cyclist (I have experienced a few 'close encounters' of the wrong kind) please let us know in good time when your passing. I had a recent experience of a cyclist on a narrow bit of towpath going between me and the boat at a good lick. Unfortunately the front wheel of the bike was written off when it hit one of my steel mooring pins. I was just about to attach a mooring line to it. Luckily no one was hurt at the time. And the bike missed my paintwork!!

But this year I have come to the assistance of, a pensioner who fell in while walking his dogs. A fellow boater who tripped and fell into a lock. (its easy going in but its hard work getting yourself out) One cyclist who was down with a broken collar bone and dislocated shoulder. (had to stop his mate from trying to lift him up, poor beggar passed out from the pain) Plus another cyclist who came off on some gravel, with the usual effects of gravel rash. Bruised and battered and with the aid of a few items from the first aid kit he was able to continue on his way. Every year I seem to render some assistance to a few people, who have either tripped, fallen or crashed.

However, now you have a feel for the towpath. I’m going to tell you about a worrying item that should be on the watch list of all towpath cyclists. But first a bit of background. Most people will have heard of British Waterways, a name that was pretty explanatory about what BW is or was. Most people however will not know that things changed a year ago. When British Waterways metamorphosed into a charity. This was brought about in the main due to what was described at the time - as the governments 'bonfire of the quangos'. The old BW was judged at the time to be a quango ripe for burning.

So now we have a whole new 'charity' that's in control of much of the inland waterways. The name of the new charity is the Canal and River Trust. Now under their guise as a charity, certain worrying changes are taking place. Most of the changes relate to boaters. However there are some changes that should raise some concerns with non boating waterways users.

The Transitional Order creating the Canal And River Trust specifically grants to the new Charity (exceptionally and it should be pointed out contrary to House of Lords advice) the power to draft secondary legislation which includes the power to draft bye-laws.

At one time you might have enjoyed a day out walking along the towpath. Taking the kids for a walk or dog walking, horse riding, cycling, rambling, fishing or even doing a bit of bird watching. Doing any one of those activities in the future might just turn you into a criminal unless you have purchased in advance a licence or permit.

Up until recently (unbeknown to many cyclists and others) you needed to get prior authority to ride a cycle along the towpath. That requirement was removed and many of us thought that that was a step in the right direction. However, it seems that it was a general bit of tidying up being done of the old requirements. Prior to the introduction of a much more stringent environment.

In what has been described as a bizarre action. The transition from quango to charity also included the right for the charity to create a whole by-laws. A 'draft copy' of the proposed new bylaws is in circulation. The effect of the introduction of the new bylaws if instituted would be draconian. If you for instance took a shortcut and walked along the towpath to get to a bridge over the canal. You could be breaking the law unless you had 'due authority' purchased from the new charity. This would presumably be a licence, because you would have to produce it on demand to a lawful officer. Not having the authority, permit or licence would on prosecution render you a criminal.

You can find a copy of the draft regulations to download here.
http://noproblem.org.uk/blog/links/draftbyelaws.pdf

Most of the draft regulations as you might expect concern vessels upon the waterways. However the proposed regulations start to address what can be done upon the towpath as well.

In conjunction with regulation 1, 3, 4, 5, 6, 7 and 8. For instance, section 56 and 57 concern horse riders and cyclists. Section 62 and 63 concerns dog walkers. Section 76 swimmers and section 77 water skiing, parachutes, wet bikes etc. 79 covers models such as aircraft and boats. Sections 80-81 cover fishing and 82 camping.

Section 7 makes it clear that there will be permit, permissions, licences and approvals that a charge can be levied for such permit, permissions, licences and approvals.

Recently the charity has been building up the numbers its enforcement team. There are various numbers being bandied around. The latest of which is 50 individuals. So that would give each enforcer around 50 miles of canal and river towpath to monitor. Obviously there are many towpath hotspots that attract visitors. These would probably provide the 'honey pot sites' (a phrase that has been used to describe various locations on the waterways) where criminals cyclists could be caught. So while its free to ride the roads, soon it will - if the charity have their way - that cyclists will require a licence.

The proposed changes will have to be ratified through parliament and the minister for the waterways will have to give his or her consent. Last time they tried to get the powers as a quango it was turned down. Now as a charity seeking to raise revenue it might just go through on the nod. The latest info is that the draft regulations are being reviewed. So it might not be to long before the change is sought.

regards all.

Mick
 
Wasn't there something years ago about bcu, permits and canals? Im sure it was so largely ignored that it was binned.

Cheers for headsup though. Guess it will be discussed in great detail by all parties and then implemented before realising it's unworkable and the charity will have wasted a load of money so will ask the government/public for more before starting the whole process again!
 

robotron

Well-Known Member
Are the draft rules you've linked to still relevant or applicable? They're dated 2010 and make reference to British Waterways, not the new Canal and River Trust.

Assuming they are then looking at point 57 in particular:
No one shall use a pedal cycle (including a cycle with supplementary power assistance) on a towpath without the consent of BW (which may be given specifically or generally and subject to conditions) unless legally entitled to do so.
Isn't this exactly as the current rules, i.e you need a permit (which is free) or you can't ride on the towpath?

I didn't see anything in there about permits being charged for, please correct me if I'm wrong though as I haven't read the whole document in depth.

Personally I'd be happier if there were officials who enforced some of the rules, as long as they enforce them fairly and don't become power mad. That way the towpaths round here might not have as much dog mess and litter on them, or be frequented in certain areas by mini-moto riders. Certain areas of the canal have been neglected for so long that they could probably do with a certain level of "supervision".

Hopefully the powers that be will see sense and keep the canals as the open to all network that they are, and police them in a sensitive and fair manner.

It'd be a shame to lose or restrict a great asset that benefits us all and is an important part of our heritage. Who knows, they might even start investing in them and fix some of the dodgy towpaths!
Fingers crossed.
 

Gravity Aided

Legendary Member
Location
Land of Lincoln
Good luck with that. Those canals are an integral part of Britain's National Heritage, and it would be a shame to see them go into waste and neglect, or Charitable Funding. So much of that has happened over here in the US that folks are starting to question what the government actually does, anymore. Some parts of the American canal system near me are well preserved, due to the canal being a linear state park, but most of the Illinois-Michigan and Hennepin Canals are somewhat neglected. Even the towpath trails aren't all that great on the Hennepin in places. The canals have not really been used for freight since the mid-1930's. Will endeavor to get some pictures of the canals when the leaves turn.
 
OP
OP
RoA

RoA

Member
Are the draft rules you've linked to still relevant or applicable? They're dated 2010 and make reference to British Waterways, not the new Canal and River Trust.

Assuming they are then looking at point 57 in particular:
No one shall use a pedal cycle (including a cycle with supplementary power assistance) on a towpath without the consent of BW (which may be given specifically or generally and subject to conditions) unless legally entitled to do so.
Isn't this exactly as the current rules, i.e you need a permit (which is free) or you can't ride on the towpath?

I didn't see anything in there about permits being charged for, please correct me if I'm wrong though as I haven't read the whole document in depth.

Personally I'd be happier if there were officials who enforced some of the rules, as long as they enforce them fairly and don't become power mad. That way the towpaths round here might not have as much dog mess and litter on them, or be frequented in certain areas by mini-moto riders. Certain areas of the canal have been neglected for so long that they could probably do with a certain level of "supervision".

Hopefully the powers that be will see sense and keep the canals as the open to all network that they are, and police them in a sensitive and fair manner.

The name British waterways / Canal and River Trust are interchangeable and the draft was published in 2010 for consultation. CaRT admit that the regulations have since been updated. But CaRT refuse to put them out for further consultation. The old requirement for a free permit to ride the towpath has been removed. I wonder if the new permit will be free?

However the Canal and River Trust is now a charity. Like the railway franchises (which are not charities) CaRT get a grant from government to help support and maintain the infrastructure. Unlike the railways the grant not an open ended deal, it has a finite time to run. Now that CaRT has to raise charitable donations to replace the (£93 million) grant from government. It has a need to take fees for all the services it provides. Soon to ride, walk, run or cycle on the towpath will require a licence. The big change however from the original British Waterways byelaws. It will be a criminal offence not to have in your possession a permit, authority or licence. The officials to enforce the rules are being recruited, the numbers vary. But some 50 individuals is the number currently being touted. They are called 'enforcement officers' and have already started patrolling the towpaths. The number of persons is estimated by CaRT at 10 million foot fall and around 300 million visits per year.

Imagine riding your bike on the towpath. being stopped by an enforcement officer. Not having a licence, permit or authority. He then reports you. You get taken to court by the canal and river trust and it costs you £76,000 and you also get a criminal conviction.

You might think that this is a bit over the top. The Canal and River Trust has recently demonstrated an interesting way of doing business. It has recently taken a boater to court who was late in getting a Boat Safety Certificate issued (a bit like an MOT for a car). because the cost of repairs were very prohibitively expensive, he sold the boat and purchased a replacement. Although he had paid for his licence for the original boat in advance - CaRT still took him to the high court, not a magistrates court, or even a county court which could have dealt with the matter. They employed a high ranking chamber of barristers. His sin was not having a licence issued by CaRT - which he could not get until his boat had repairs had been done so that it would pass the tests. Even though CaRT was in receipt of the licence money. The cost of court because he was guilty by default were awarded against him. To the tune of £76,000. So now he has been made homeless. He is also disabled and partially sighted when an explosion threw acid into his eyes.

http://www.thisiswiltshire.co.uk/news/10625333.Trust_attempts_to_recover___76k_from_man/

A very nice charitable organisation is the Canal and River Trust. They are asking the public to be their 'friends' and to support them with regular charitable donations paid on a direct debit from your bank account. The majority of the Trust directors earn more than the prime minister, and get a bonus of up to 12% of their salary. Its nice work if you can get it!
 

robotron

Well-Known Member
Whilst I'd agree with the sentiment about the charity directors being overpaid, I don't share your concerns for the limiting of access to the canal to the general public, or at least the access to the canal round here (Leeds Liverpool canal).

The design and route of the canal in my opinion would make it almost impossible to restrict access, and in some places, it's one of the major footpaths from one end of certain small towns to the other and is the norm. Some people even live right next to it, are they to be told they can't leave their houses without permits?

Also, it's a brave man who'd ask some of the youths round here to see their permits... :smile:

I'm sure that there are some canals in the UK which could be more easily policed, and I'm sure such a law is possible in theory, but I just can't see it being introduced in practise.

I know the story you quoted is a scary thought of the big organisation vs the little guy, but fining someone for walking home from work or the shops? I can't see it.

Obviously this is just my opinion, and based on nothing more than an overly optimistic view of human nature. I'd hate to be proven wrong.

What I can see happening though is that the canal condition will become more rundown and unsafe as money dries up, and areas cordoned off for health and safety reasons. That is a real possibility..
 

MarkF

Guru
Location
Yorkshire
Agree with "robotron", Any permit inspectors would need to be confident swimmers and wear water proof clothing! ^_^ I use the canal towpath every day, as do 100's of Aire Valley commuters. I have always been aware that cyclists need a permit, but I don't have one, neither does anybody else (AFAIK) and in over 10 years of cycling on the canal I have never seen a BW employee other than lock keepers or the occasional maintenance guy. In fact, there was a Canal & River Trust set up at Saltaire last Sat/Sun giving out "advice" to towpath users, I only wanted a free luminous ankle band but Iistened to the advice so as not to appear rude, no mention was made of permits.
 
Recurrent situation for permits for towpath - this from the C&RT website

The Canal & River Trust welcomes considerate cyclists to its towpaths and you don't need a permit to use your bike on any of our towpaths.
 

Globalti

Legendary Member
One day we will be able to fill all the canals with crushed cars and ride along the top of them.

Oh, wait... what about the boats?
 
OP
OP
RoA

RoA

Member
Assuming they are then looking at point 57 in particular: No one shall use a pedal cycle (including a cycle with supplementary power assistance) on a towpath without the consent of BW (which may be given specifically or generally and subject to conditions) unless legally entitled to do so. Isn't this exactly as the current rules, i.e you need a permit (which is free) or you can't ride on the towpath?

You cant read 57 in isolation. it's qualifying detail for the penalties highlighted elsewhere. The problem is that many have failed to see the elephant in the room. It could involve a 'criminal conviction' not to have a permit. Its not a trespass as it might be anywhere else. Now imagine adding that on your CV! So there you are, cycling the towpath - You have an accidental collision with a fisherman who has a permit - his fishing licence. Who will automatically be to blame.

The house of commons turned down the rule change to criminality to use the towpath last time. Now, its a change of government, who have already given the nod to the charity being able to set it's own by-laws. CaRT (who replaced BW) now refuse to divulge the latest draft version of the rule changes.
 
OP
OP
RoA

RoA

Member
Agree with "robotron", Any permit inspectors would need to be confident swimmers and wear water proof clothing!

Pushing someone in the canal has a very very significant penalty associated with it, which can depending on the circumstances be measured in years.

Simon Brass drowned after being pushed into the water close to Manchester's Canal Street
Paul Creedy, 20, Kieron Murray, 22, and Leah Garner, 21 were jailed for ten years
Jack Smith 19, will spend nine years in a young offender's institute
A fifth boy, now aged 15, was sentenced to five years and eight months


Read more: http://www.dailymail.co.uk/news/art...one-threw-Manchester-canal.html#ixzz2hMYCyLJs
 
D

Deleted member 26715

Guest
RoA you had me & I was concerned until you quoted the the Daily Snail now I know it's just a hoax.

Alan...
 

robotron

Well-Known Member
Pushing someone in the canal has a very very significant penalty associated with it, which can depending on the circumstances be measured in years.
Snip...
I don't think MarkF was being entirely serious..

On a serious note though, how would this theoretical situation be policed?

Let's assume for the sake of argument that these permits are at introduced and someone (but not me, honest) is cycling along the canal without a permit and gets stopped by a canal enforcement warden.

They say "show me your permit" and the cyclist simply says no and cycles on. Can the warden:
Stop them?
Arrest them?
Take down a description and report them to the police?

Assuming that they do the latter, would the police do anything about it? Would it be a criminal or civil matter? Is it actually enforceable?

How about this situation - Lots of houses actually back onto the canal. Will home owners need a permit to leave their house and walk onto the towpath to get across the road?
How about postmen or delivery people, or meter readers? Would they need permits to do their job?

What about kids playing out? "Don't go near the canal son, you haven't got a permit"

I appreciate your concern RoA but I can't see it being in the slightest bit enforceable.

p.s - Apologies for the overuse of question marks in the above.
 

jowwy

Can't spell, Can't Punctuate....Sue Me
Having worked for british waterways and the canal trust, i can say that permits will not be needed and were stopped a very very long time ago, because as you quite rightly state its unenforcable.
 
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