National Access Forum - 5 February 2025

National Access Forum – 65th meeting on Wednesday 5th February 2025, 10:30 – 13:20

Hybrid meeting – In-person at Battleby and Virtual via MS Teams

1. Welcome, introductions and apologies – Richard Barron – 10:30 – 10:45
    
2. Minutes of previous meetings, action points and matters arising – Richard Barron – 10:45 – 10:55

AP 63/2: NatureScot reps to discuss format options with NatureScot CEO/Chair for input and agreement – on-going

AP 63/4: NAFSec to distribute BHS training dates when available – discharged

AP 64/1: NAF members to send suggestions for SOAC at twenty years to NAFSec – discharged

AP 64/2: NAF members to highlight any gaps in the current SOAC related supporting guidance to NAFSec – discharged

AP 64/3: NAF members to send any suggestions about updates that could be made to the SOAC website to NAFSec – discharged

AP 64/4: NatureScot to bring further plans for SOAC at twenty years to Feb 2025 NAF meeting – discharged – see item 4

AP 64/5: NAFSec to share updated aims of Resources for Access sub-group with NAF members for feedback/approval/agreement – discharged

AP 64/6: NAFSec set up meeting of sub-group end of November 2024 to look at the first draft of fires guidance – discharged

AP 64/7: NAF members to send any good images relating to recreational fires/BBQs to NAFSec – discharged

AP 64/8: NAF members who wish to be involved in the PLCs/CPs sub-group to send suitable dates for a meeting to NAFSec – discharged

AP 64/9: NAFSec to set up first meeting of PLCs/CPs sub-group – discharged

AP 64/10: Scotways to send blog to NAFSec, for NAFSec to add relevant links in minutes/make available to members – on-going

3. Corresponding members – Nick Cole – 10:55 – 11:15
    
4. SOAC – 20 Years of Access Rights in 2025 – Dougie Pollok/Rhiannon Law – 11:15 – 11:35   
    
5. SOAC Supporting Guidance Review Programme – Caroline Fyfe – 11:35 – 11:55

Comfort Break – 11:55 – 12:05

6. Resources for access update – Gavin Corbett – 12:05 – 12:25
    
7. Fires sub-group update – Bridget Jones – 12:25 – 12:40
      
8. Private level crossings – Sue Hilder – 12:40 – 13:00
    
9. Forthcoming meetings and agenda items – 13:00 – 13:10

• NAF meeting – 11th June 2025 – TBC/Online potentially Stirling
• NAF meeting – 17th September 2025 – Venue TBC
• Standing items – guidance review programme

10. A.O.B. – 13:10 – 13:20

• NAF/LAF meeting 2025 – Ali Tait
• Annual Ranger Survey – Ali Tait

Close 13:20

Summary of main topics - National Access Forum, hybrid, 5th February 2025

SOAC at 20 Years

Rhiannon Law (NatureScot) updated the forum on upcoming activities relating to the 20-year anniversary of the Scottish Outdoor Access Code. A collaborative, year-long approach has been planned and is already underway. Activities include: press release, brand toolkit for partners and external organisations, anniversary theme graphics and influencer work as well as on-going social media messaging. Rhiannon would like feedback from anyone using these resources and requests examples of the templates in use. Also aiming to have lots of audience generated content to share to highlight rights and responsibilities.

NatureScot has also made some funding available for SOAC anniversary projects. NatureScot has received submissions and approved proposals from a range of groups e.g. LAs, RSPB and DMBinS. 

The SOAC website is also going to be refreshed to reflect current activities and make it more useful/engaging. There will also be new content for land managers – new sign templates and quick links. 

NatureScot podcast – Make Space for Nature – is also available, featuring NatureScot and Ramblers on 20 years of access rights and responsibilities. 

SOAC Supporting Guidance Review Programme

Following the September 2024 NAF meeting, where Caroline Fyfe (NatureScot) reported that about 60 SOAC related guidance documents had been identified, the process of updating has begun. So far, three pieces of guidance have been updated, with any comments from forum members to be sent to Caroline Fyfe (directly at [email protected] or through NAFSec) by the end of February:

• Local Access Forums – a guide to good practice
• Deer stalking and public access – Guidance on stalking communication
• Commercial access to the outdoors in Scotland – local management

A new guidance note on foraging has also been drafted. Other pieces of guidance are being refreshed (please refer to paper – Review of Outdoor Access Guidance) – as well as Harper Macleod being commissioned to look at A Brief Guide to Laws Relevant to Outdoor Access in Scotland and SOAC Annex 1. A three-year review cycle was agreed for the SOAC related guidance. 

The forum was also updated on e-bike guidance for riders; the guidance has been developed following research into e-MTBs.

Resources for Access

A few members of the sub-group met with Cabinet Secretary for Rural Affairs, Land Reform and Islands, on January 9th 2025 to discuss issues relating to resources for access. The meeting was productive with actions being agreed to take forward. It was recognised that there is a need for better understanding of how resourcing is being used in LAs. 

The sub-group then met on 21st January and discussed upcoming opportunities including RTIF and the Visitor Levy. The sub-group wants to identify gaps in funding/resourcing/capacity for 2025/26; would be helpful to work with SOAN and COSLA.

Fires Guidance

Two meetings of the sub-group have been held so far. Guidance is currently being drafted, and will go to forum members for feedback, before re-drafting with the aim of publishing the guidance in time for the 2025 season. Linked considerations include legal advice from Harper McLeod, CNPA fires incoming byelaw (if approved by CNPA board and Scottish Ministers) and UK fire danger rating system. 

Private Level Crossings and Core Paths

Following the September meeting of the forum, a sub-group was set up, including representatives from Network Rail, with the aim of achieving appropriate use of PLCs and agreement on how PLCs are managed. The sub-group had two productive meetings. The sub-group tried to keep discussion free of specific cases and work began on a protocol that would allow process to go on while specific cases were on-going. Following development in Dalwhinnie case, Network Rail has withdrawn from the sub-group as they do not feel comfortable to attend meetings. The forum was disappointed to hear that Network Rail has withdrawn and would like to encourage them back to the sub-group, highlighting that the aim of the sub-group is to provide practical solutions, not to solve legal issues. The Forum agreed that Richard Barron (NAF Convenor) would write to Cabinet Secretary for Transport, regarding this issue.

Future NAF meetings – 11th June; 17th September. Online on MS Teams and in-person at Battleby.

For more information or comment on any of the above topics, please contact the NAF Secretary – Ali Tait ([email protected]; 01463 701662). Further information can be found on the National Access Forum pages. 
 

E-Bike Guidance – Riders

Intro

E-bikes, and e-mountain bikes, known legally as electric assist pedal cycles (EAPC) have grown massively over the last few years with over XXX,XXX sold in the UK in 2023. This guidance is to help e-bike riders make responsible choices when using our fantastic access rights, as described in the Scottish Outdoor Access Code. We hope it will help the mountain bike community be known for our responsible use of the countryside, our trails, and our interactions with other users and land managers/owners who are working on the land. 

E-bikes & Access Laws in Scotland

Access rights in Scotland apply to e-bikes if they are classified as a bicycle under the Highway code. The UK Government webpage states ‘Where you can ride: If a bike meets the EAPC requirements it’s classed as a normal pedal bike. This means you can ride it on cycle paths and anywhere else pedal bikes are allowed.’ 

EAPC Requirements: Under 14s, 3 restrictions for e-bikes to be considered as a normal pedal bike

The following is from the UK Government website:

You can ride an electric bike if you’re 14 or over, as long as it meets certain requirements.

These electric bikes are known as ‘electrically assisted pedal cycles’ (EAPCs). You do not need a licence to ride one and it does not need to be registered, taxed or insured.

An EAPC must have pedals that can be used to propel it.
It must show either:

• the power output
• the manufacturer of the motor

It must also show either:

• the battery’s voltage
• the maximum speed of the bike

Its electric motor:

• must have a maximum power output of 250 watts
• should not be able to propel the bike when it’s travelling more than 15.5mph

An EAPC can have more than 2 wheels (for example, a tricycle).

Types of e-motorcycles that access rights do not apply (non EAPCs/chipped/modified)

When e-bikes don’t meet the requirements defined then access rights do not apply as they will be classified as a motor vehicle.

If an e-bike has been modified, often referred to as ‘chipped’, and this has resulted in an increase in speed or an increase in the power output then access rights do not apply. If a rider was to be involved in an accident when using a modified motor then they may be prosecuted under the road traffic act, the same as if they were using a motorcycle in the countryside.

There can be confusion, particularly, when the mainstream media describe electric motorcycles as e-bikes. 

One of the easiest ways to differentiate between an e-bike and an e-motorcycle is the use of a throttle on an e-motorcycle. They can often look different as the silhouettes of the two bikes below show.

Scottish Outdoor Access Code – Principles and Further Advice

Everyone accessing the outdoors must follow the key principles of the Scottish Outdoor Access Code (SOAC).

As an e-bike is considered in the same way as a ‘normal’ bike it is important that all e-bikers know and understand the principles and key points of SOAC as detailed in the ‘Do The Ride Thing’ guidance. 

This e-bike guidance doesn’t duplicate the rights and responsibilities of riders in different situations that ‘Do The Ride Thing’ details - both should be read and understood together.   

E-Bike Specific Responsible Riding Advice

Other Riders & Other Users – Moving faster than expected  

One of the best (in our opinion) things about an e-bike, and what differentiates an e-bike from a normal bike, is the ease and speed that you can travel uphill.

When riding uphill, particularly on narrow trails or paths, and when in large groups it is important that riders get ready to slow down and stop if necessary when approaching, give a ring of a bell or a friendly greeting, and if other riders/path users step aside then a simple ‘thanks, enjoy your day’ will help everyone enjoy their day on the trails.  

Being Prepared for a Ride

An obvious difference of an e-bike is that it relies on a battery to assist your pedalling. Before riding it is recommended that you do the following:

• Plan the length of your ride and calculate the risk of your battery running out of power.
• Consider your exit routes and what would happen if your battery did die (or you had a mechanical/accident)
• If you are planning more remote, or a longer distance ride, then consider bringing a battery extender.
• When riding in a group of e-bikers, consider that you may all have different battery life and this will also be affected by the weight of the rider, the type of e-bike and battery, and the mode (boost, trail, eco) that each rider chooses to use. It is also worth doing a check around the group of battery levels (has someone forgotten to charge the night before!) ahead of setting off rather than being left ‘a man down’ in a remote area.

Fragile and Remote Terrain

E-bikes allow the opportunity for riders to quickly, and with less physical effort, access more remote areas and paths. 

There is a concern that riders with less experience of the potential rapidly changing weather conditions, the fragility of mountain paths, and the fact that any accident may become more serious in remote terrain will lead to increased call outs to mountain rescue, an unfair burden on the NHS, and real and sustained damage to our precious wild places.

These concerns are not being evidenced in mountain rescue statistics, or impact on the ground, however there are people who feel that bikes, in general, should not have access rights in these areas. To help protect our access rights it is important that we mountain bikers can demonstrate that we enjoy, but also respect and care for our environment to ensure it is sustained for the future. We all need to be safe and properly prepared when biking in our wilder places.

A key consideration when going into more remote areas with an e-bike is the weight of carrying your bike. Many upland paths and remote areas will have sections where it is not possible to ride and you will need to walk and carry your bike over obstacles. 

In advance of your ride you may wish to try to find a YouTube (or other) video that shows you the path/route and the type and level of riding that you will be undertaking. 

Scotland's wild areas are open to responsible access and it is important that we are safe and properly prepared when biking in our wilder places. We should also recognise that there may be an accumulative impact of riding on paths that aren’t designed for bikes. Take care not to always follow bike tracks particularly if they evade cross drains and other path water management features but learn the skills to handle your bike over these features. If in doubt, there is no har/shame in walking sections of paths. 

For full guidance on riding in remote areas including kit list see Into the Wild. 

Impact of e-bikes on trails 

E-bikes can (generally) help riders travel further and faster, helping riders cover more trails in a shorter space of time. The ability to do more laps of trails, increasing the number of wheels on trails, is likely to have a direct impact on the wear and tear of trails. This will lead to an increase in maintenance costs for trail centre managers and Trails Associations who help maintain trails with land managers and owners.

If you do ride a specific location, please consider donating or volunteering with your local trails association. It really does help if you can put something back to the trails you love to ride, to increase the sustainability and enjoyability of our trail network. The ‘Take Care of Your Trails’ campaign ran annually in Spring by IMBA Europe (but started in Scotland!) is a great opportunity to understand the different trails associations and the public dig sessions they run.

If you ride across Scotland, please consider donating to the Scottish Trail Fund and the trustees of the Scottish Cycling Foundation, who with the support of DMBinS, will help distribute this money to groups across Scotland who need it.

At trail centres, please always pay for parking. It really doesn't cost that much and the revenue collected from parking, does go towards the trail maintenance in that destination.

Further Advice & Information

Do The Ride Thing – Riding Close to Home
Do The Ride Thing – Riding at Trail Centres
Do The Ride Thing – Into the Wild
A Shared Forest – Guidance and film on MTB & Horses. Film features Reece Wilson and Jessie-May Morgan
INSERT VIDEO ‘Scotland, Yours to Ride Responsibly’
 

Purpose

This paper updates the Forum on NatureScot’s review of guidance on the Outdoor Access Scotland website.

Action

The Forum is asked to confirm if they are content to endorse the updated guidance:

• Local Access Forum – a guide to good practice
• Deer stalking and public access – guidance on stalking communication
• Commercial access to the outdoors in Scotland – local management

The Forum is asked to confirm if they are content to endorse the new guidance (produced in response to a comment at the last NAF meeting):

• Foraging in Scotland

The Forum is asked to confirm they are content with a 3 year review cycle for guidance and to allow for minor updates as required.

The Forum is asked to note progress with updating other guidance, particularly:

• Using Inland Water Responsibly – guidance for all water users
• Outdoor events in Scotland – guidance for organisers and land managers
• A Brief Guide to Laws relevant to Outdoor Access in Scotland

Background

NatureScot provided a paper for the NAF meeting in September 2024 that outlined plans for reviewing and updating guidance on the Outdoor Access Scotland website.

We proposed liaising with the organisations that were involved in producing each guidance document, and seeking input and endorsement from NAF on the National Access Forum guidance documents and any others of relevance.

It’s proposed that there is a rolling programme of reviewing guidance, with a review date set 3 years from publication and an option to make minor updates such as weblink changes as required.

Guidance review – progress

The table in Annex 1 provides a summary of progress with updating existing guidance and producing new guidance.

All guidance updates have involved: 

• correcting broken web links
• updating organisation names
• adding a review date (3 years from the latest version being published)

All guidance going forward will be published as html pages.  As well as complying with accessibility best practice, this will enable updates to be made easier and quicker.

Guidance endorsement by NAF – process

We are seeking NAF’s endorsement of the guidance documents embedded in Annex 1, following which they will be uploaded to the Outdoor Access Scotland website. If any NAF members are not happy to endorse a guidance document at the meeting, written comments of requested changes can be made and/or a sub-group can be convened to reach consensus.  The guidance would then be brought back to the next NAF meeting for endorsement.  

NatureScot
January 2025 
 

Annex 1. Progress with updating guidance 

New guidance 

Guidance updates led by Paths for All (PfA)