# Motorhomes and the Scottish Land Reform Act 2003



## 89126 (May 14, 2005)

We are planning a trip to Scotland next week and have just been looking at the Scottish Land Reform Act with regards wild camping with a Motorhome. 

Nowhere does it state that this form of recreation is excluded from the legislation.

I know that SNH have stated that Motorised activities are excluded from the Act but this is purely in the context of driving your vehicle off road e.g. quads, 4 wheel drives, motorbikes etc..

It also does not give an exhaustive list of recreational activities that are included in the code and as such wild camping in a motorhome would encompass many of the listed activities. Plus if you are camping in a motorhome you are not actually engaging in a motorised activity. 

So as long as you exercise your activity responsibly (see the code for terms) then it is OK to wild camp with a motorhome. 

So we shall be printing off a copy of the Code and will enjoy a nice couple of weeks in the wilds of Scotland!


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## 96962 (Dec 16, 2005)

hmmm: Well I have my own views on 'wildcamping'. I think common sense needs to be applied.

Whilst away on Arran last week, my view of Lochranza castle was spoilt by some inconsiderate sod 'wildcamping' in front of it. I daresay they had wonderful views themselves but didn't seem to have much regard for others views of their big ugly white van smack bang in the middle of the landscape.

discretion and consideration must be the watchwords. I seem to see more and more people not applying those rules, and, if there's a campsite nearby use it. 

The campsite owner we spoke to said more and more motorhomes are wildcamping at the bottom of his land (without realizing it) for a few days and then coming in for one night to use the facilties before moving out again. They spend nothing in the local area, bugger up the views and then sod off. Personally I'm with him and totally against this kind of goldfish tourism, after all if you don't put anything back the things you go to see won't be there one day.


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## 96523 (Oct 14, 2005)

*Wild camping*

Totally agree with you Crackle there is no such thing as a free lunch and from what we can see it is obvious that the increase in wildcamping means less bread for the sites. More and more pitches are being blocked by longterm resident vans to let the camp site owners make a living. This makes the sites dead as there are so few people around quite apart from making the numbers of available pitches fall.
Getting something for nothing is a bit of a national disease and we fear that in the case of motor homes unless we pay our just dues we will all pay for not doing so as seems to be the case in Southern Spain.
Pamal


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## Guest (Apr 15, 2007)

drmclark said:


> Nowhere does it state that this form of recreation is excluded from the legislation.
> 
> I know that SNH have stated that Motorised activities are excluded from the Act but this is purely in the context of driving your vehicle off road e.g. quads, 4 wheel drives, motorbikes etc..
> 
> It also does not give an exhaustive list of recreational activities that are included in the code and as such wild camping in a motorhome would encompass many of the listed activities. Plus if you are camping in a motorhome you are not actually engaging in a motorised activity.


Not sure you are right there. The Code is guidance, it is the Land Reform (Scotland) Act 2003 which is definitive.

Section 9(f) of the Land Reform (Scotland) Act 2003 excludes from access rights "being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person);"

This is reinforced by the requirement in S2 for persons to exercise the rights responsibly.

Why not consult SNH and the local authorities for the areas you wish to visit before you go? You could ask them specific questions about why your intended actions might be unlawful. They can then either show that your intentions would be legal or otherwise.

Graham


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## 89126 (May 14, 2005)

Yes, this is in the context of using a vehicle to cross land and does not exclude peaceful enjoyment of the countryside from a motorhome (I dont anticipate going off road in it!!) . Either way, wild camping in a motorhome is not explicitly excluded from the Act and given that wild camping per se is included and wild camping in a motorhome can fulfill many of the types of recreation that the act is trying to encourage, as long as the code is followed, then it would be difficult to deny. The fact that there is actually no civil or criminal enforcement of the act is another matter!

I'm not sure where the other two posters are coming from - they obviously are ignorant of the french experience and policy on Aires De Services and rural development.

I choose to wild camp to get away from it all - including the hoards in camp sites!



GJH said:


> drmclark said:
> 
> 
> > Nowhere does it state that this form of recreation is excluded from the legislation.
> ...


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## 96962 (Dec 16, 2005)

drmclark said:


> I'm not sure where the other two posters are coming from - they obviously are ignorant of the french experience and policy on Aires De Services and rural development.


Not ignorant and have used them and have even 'wildcamped' on occasion.

I suspect however you are trying to interpret the Act to suit your needs and my point was, do so by all means but don't use it as an excuse to be inconsiderate to others. The Act refers to responsible use. This isn't France or Germany and the same legislation doesn't apply nor do the same facilities. Now whether they should is an entirely different matter.

Also I rather suspect the Act refers to 'wildcamping' as most would recognise it and not sitting parked up in relative luxury supping a glass of wine whilst you enjoy 'your' nice view.


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## Guest (Apr 15, 2007)

drmclark said:


> Yes, this is in the context of using a vehicle to cross land and does not exclude peaceful enjoyment of the countryside from a motorhome (I dont anticipate going off road in it!!) . Either way, wild camping in a motorhome is not explicitly excluded from the Act and given that wild camping per se is included and wild camping in a motorhome can fulfill many of the types of recreation that the act is trying to encourage, as long as the code is followed, then it would be difficult to deny. The fact that there is actually no civil or criminal enforcement of the act is another matter!


You might be interested in what the Cairngorms National Park Authority told me - see Here

Also, I notice that you didn't comment on my suggestion that you might contact SNH and/or local authorities for definitive advice. Any reason not to do so?

Graham


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