The right of way is simply that. You have the right to move from one point to another along it. There is no right to stop and conduct other activities.
That said, all this to me is a non-issue. If you use the extent of the AZ to set up well out of everyone else’s way, you’ll probably not be disturbed. You could probably find somewhere in the AZ where a ranger wouldn’t even notice you.
Take a handheld. SOTA qualification is easy from the WB summits even just with a rubber duck. Frustrating as it might be, it’s probably better for the programme overall just to take down any erected aerials and complete the activation on a handheld. We’re probably well within our rights to challenge the rangers, who it looks like are exceeding their authority - but - and it’s a big but - a disgruntled ranger may then take the issue back to head office, who then have a committee meeting amongst a load of people that have no idea what we do, resulting in a blanket ban from all NT/NE (etc) sites. Which would be disastrous!
You do have a right to stop and conduct other activities - although what they actually are can only be decided by a court.
A footpath can be used for the purpose of passing and repassing and for purposes reasonably incidental thereto (Rights Of Way, 3rd edition p27) . Such activities can include a picnic, resting, taking photographs and painting a picture. admiring the scenery and so on. You might assume that this would also include pausing to use a transceiver.
However, there have a been two or three cases where a user of a Public Right Of Way.(PROW) has exceeded his right using a footpath. One case involved someone walking up and down a footpath shouting and waving a flag to disturb grouse and interfere with a shooting party. This was held to be tresspass as he was not using the footpath as it was intended.( Harrison v Duke of Rutland (1893) ). Similarily in HIckman v Maisey (1909) Maisey a journalist, was walking back and forth along the path for “an hour and a half” taking notes of racing horses being trained on adjoining land. Again the court held he had exceeded his right in using the footpath. The Court of Appeal held that Maisey had exceeded his right and was a trespasser. Lord Just Smith summarised his view of the public’s right :- “If a man, while using a highway for passage, sat down for time to rest himself, to call that a trespass would be unreasonable, Similarly if a man took a sketch from a highway, I should say that no reasonable purpose would treat that as an act of tresspass”.
You would have to decide whether using a footpath to access a high point of land in order to use a radio, and then moving on after having rested or used the radio for an hour or so is a reasonable use of a ROW.
Indeed. As with other aspects, it can be interpreted in very different ways. Which is exactly why I would encourage use of the AZ and/or operating style that is unlikely to attract attention from well-meaning volunteers/staff.
I looked up the bylaws for SSSI’s. There’s nothing specific to stop you operating a radio transceiver [e.g. mobile phone, VHF HT] but …
2.35. Erecting, occupying or using any tent, shed, caravan or other structure for the purpose of camping elsewhere than in an area indicated by a notice as being available for camping. 2.36. Flying any kite. 2.37. Erecting any post, rail, fence, pole, booth, stand, building or other structure.
2.41. Engaging in any event or activity which is causing or likely to cause damage or disturbance to the features of special scientific interest
I interpret them to mean:
2.35 no tents and tarps.
2.36 no kite antennas
2.37 probably aimed at permanent objects rather than a pole you erect for a few hours and take away with you, but a ranger could object to any antenna / support not carried on your person.
2.41 could be used to stop virtually any activity - but common sense would suggest operating a rig is no more disturbing to wildlife than walking about / talking aloud.
I think the real issue is that activators in England are used to having almost unobstructed access to SOTA summits and when access is limited then it comes as a real shock. Hams in many countries will be used to there being many private summits where there is no access and will be wondering what the fuss is about.
I’ll be activating Stiperstones G/WB-003 tomorrow. I’ll bet anyone good money that I won’t get intercepted by a warden. I’ll bet my house that if I do speak with one, I won’t be instructed to cease my activity.
I also found new model byelaws for SSSI’s - not sure when these are to be implemented
This includes
3.32 Using any camera or any apparatus for the transmission, reception, reproduction, or
amplification of any sound, speech or images by electrical or mechanical means, in
circumstances that may disturb the features of special scientific interest [specify
features] or the places used for shelter, reproduction or protection by the features
of special scientific interest [specify features]
. 2m walking mobile!