From 20 October, the new regulations that will govern the Forestry Law will come into force, which regulates, among other things, access to the mountain with motor vehicles.
It is paradoxical that at a time of profound renewal in the off-road motorcycle sector, where new brands proliferate and there are more models than ever offered on the market, the persecution of the amateur is also setting historical highs.
Lovers of the motorbike do not ask for a radical liberation of access, but a regulated access that allows us to enjoy the motorbike and the mountains, always within a framework of respect and good sense on the part of the user.
At Trialworld we work on this aspect through our Trial School, which organises two monthly events previously authorised by the environmental and local authorities so that all fans can enjoy trial in a framework of camaraderie and training.
HOW DOES THE NEW FORESTRY LAW AFFECT US?
It doesn’t really change much for motor vehicle users, but there are two issues to keep in mind:
1º – Penalties, in principle, driving outside the roads indicated on the map of the National Road Network will be considered a minor offence (Fines from €100 to €1,000)
2nd – It leaves to each Community the possibility of being able to extend the circulation of motor vehicles to other roads.
Legislative Summary:
121/000128 Draft Law amending Law 43/2003 of 21 November 2003 on Forestry.
CHAPTER V
Access to the mountains»
Sixty-six. Article 54a is worded as follows:
‘Article 54a. Public access.
- Public access to forests will be regulated by the Public Administrations
Competent.
- The Autonomous Communities shall define the conditions under which motor vehicles may be allowed to circulate on forest tracks located outside the road network and through forest land, outside the existing roads for this purpose.
- Under no circumstances may traffic be restricted in the rights of way for agroforestry management and the surveillance and firefighting work of the competent Public Administrations.
- Access by persons not involved in monitoring, extinguishing and management may be restricted in the areas of high fire risk referred to in Article 48, where the risk of fire so requires, and this shall be made public in a visible manner.’
Seventy-four. Points (a), (c), (c) are redrafted. g), h), j), k), l), n), (o), and p)
- (k) Transit or stay on roads or forest areas where there is an express prohibition
in this sense, or in breach of the conditions established in this regard, as well as the circulation of motor vehicles crossing terrain outside roads, paths, tracks or any infrastructure used for this purpose, except when expressly authorized.
- Minor infractions include:
- a) The offences typified in paragraphs a) to n) / In our case K / of the previous article when the facts constituting the infringement have not caused damage to the forest or when, if there is damage, it has replacement costs of less than 10,000 euros or the period for its repair or restoration does not exceed six months.
Article 74. Amount of penalties.
The offences described in this title shall be punishable by the following fines:
- (a) Minor offences, from €100 to €1,000.
Source: AMVER
