just out of interest

[RicW 67]

The position with regard to shooting near highways is pretty clear, but what about navigable inland waterways? There's almost always a towpath one side, so I assume that counts as a footpath, but suppose you have a single permission through which a canal runs. Can you legally shoot across the canal, provided there are no boats near the line of fire? What is the situation with regard to game birds in season? Come to think of it, can you shoot from a boat in the way you shoot from a car?

 

All sorts of questions come to mind, so any answers will be appreciated.

 

Ric

[waidmann 105]

we have a canal running as a boundry to our shoot. we treat it as a "highway" in the sense of the law. beaters go along the tow path( if walking guns with dog the gun broken/unloaded).we do not shoot over the canal.

i'm sure you could shoot from a boat IF no body was in any way disturbed by it. but i would not shoot from the car on a public road either.

i have not looked into these matters so i may be wrong.

a good post which may give a lot of us to think about

cheers,

waidmann.

[Deker 3,491]

The position with regard to shooting near highways is pretty clear, but what about navigable inland waterways? There's almost always a towpath one side, so I assume that counts as a footpath, but suppose you have a single permission through which a canal runs. Can you legally shoot across the canal, provided there are no boats near the line of fire? What is the situation with regard to game birds in season? Come to think of it, can you shoot from a boat in the way you shoot from a car?

 

All sorts of questions come to mind, so any answers will be appreciated.

 

Ric

 

 

There are no problems about shooting over water, a river, canal, stream, lake or the sea (the sea has some interesting rules of ownership so lets not go too far down that route), etc, etc, (assuming of course where your bullet/shot is going to land is still on your land, remember I said lets not go to the seaside) and you can certainly shoot from a boat.

 

However, there are restrictions about shooting lead shot over waterways (NOT RIFLE BULLETS).

 

No problem with Game Birds as such but there are lead issues again with waterfowl!!

 

Obviously if the river, canal whatever had a towpath etc for vehicles, issues would revert back to the 50ft rule!

 

161

2. If a person without lawful authority or excuse;

 

(a) lights any fire on or over a highway which consists of or comprises a carriageway; or

 

( discharges any firearm or firework within 50 feet of the centre of such a highway, and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

 

Highways Act 1980 section 161 (2)

 

For the purposes of this law, (Section 161 (2) of the Highway Act 1980) a highway is restricted to a public right of way for the passage of vehicles and does NOT include footpaths, cycle tracks or bridleways.

Edited February 17, 2010 by Deker

[waidmann 105]

as inmy post surely the canal itself would be seen as a public highway?

atb

[Deker 3,491]

as inmy post surely the canal itself would be seen as a public highway?

atb

 

 

Only if a car drove down it!!! Never heard a boat called a "Vehicle"!

 

I stand to be corrected if someone can produce a different bit of legislation!

 

[shottyscotty 3]

if you look on the basc website it says that as long as your not annoying anybody or endangering anybody you are ok.

[garyw 0]

DEKER.seaside-seagulls-whitby rings a few bells for me

lots of fun was it a dream?

[waidmann 105]

a boat being a means of transportation and the canal being open to the public i would say it is a highway(waterway) and would underly the highway laws.

i know that our shoot TREATS it as a highway.

at the end of the day if people are walikg/using it shooting on or near it will/can cause bother that none of us need whether driven,ridden,sailed or flown if someone complains..................... well we all know the rig marol.

[Deker 3,491]

a boat being a means of transportation and the canal being open to the public i would say it is a highway(waterway) and would underly the highway laws.

i know that our shoot TREATS it as a highway.

at the end of the day if people are walikg/using it shooting on or near it will/can cause bother that none of us need whether driven,ridden,sailed or flown if someone complains..................... well we all know the rig marol.

 

 

You are absolutely correct with safety and annoyance, no arguement at all, but it isn't a Highway or you would not be able to shoot from a boat, assuming your boat is floating (and not in dry dock) then it doesn't matter what direction you shoot in you are shooting over water (highway by your definition).

 

The only thing that could potentially cause a problem is the canal owners own rules or bylaws, there is absolutely nothing on the statute books that I am aware of, to stop you legally shooting over a canal!!

 

I would be happy to learn something new if someone can show me such a law, hell, I don't actually remember the last time I did it, but I sure as heck don't want to get screwed by some law I've never heard of!!

 

Cheers!!

[waidmann 105]

my sentiments exactly

i tend to be carefull with stuff i don't know much about(and thats a fair bit of stuff ).

as mentioned the problem has never been relevant as the canal is a boundry to the shoot,we don't shoot feather over it.

an interesting thread which seems could do with clarification.

i'll see if i can find anything.

atb

[murphymax 9]

my sentiments exactly

i tend to be carefull with stuff i don't know much about(and thats a fair bit of stuff ).

as mentioned the problem has never been relevant as the canal is a boundry to the shoot,we don't shoot feather over it.

an interesting thread which seems could do with clarification.

i'll see if i can find anything.

atb

While your looking see what the rules are about shooting from a helicopter over your permission, sick of missing High birds, thougt about the flying thing to get nearer the birds LOL

But not sure if i would end up being a target with some of the numpties where i shoot

Edited February 18, 2010 by murphymax

[waidmann 105]

will do bud( never thought of that )

[waidmann 105]

sorry to disapoint but i can find no law or legislation relating to shooting from hot air balloons.

i'll have another look later about the canal thing though.

atb

[RicW 67]

Well, I've just had a look at the "British Waterways" site, about shooting rights. Apparently, the towpath is a "Public Right of Way". There is no specific law that you cannot shoot over a "Right of Way" but there several common law offences. Basically, if you scare people, upset people, not to mention shoot people, you can be done bigtime. It seems to me, at the moment, that Deker got it about right. Treat a canal as a public footpath, be discreet in your behaviour, and don't upset the antis. I'm still not clear about shooting from a boat though. There seem to be quite different rules for shooting over, ie salt marshes or inland lakes, and shooting over waterways.

 

Ric

[waidmann 105]

thanks for that ric.

very helpfull. one would think that basc would have something about canals/waterways.

as for shooting from a boat:

its common practice on the lakes when fowling,i'm not sure if you need special permission or not. then again a canal may be a different kettle of.... never mind.

yours in sport

michael