.
I mentioned it in my previous post talking about the areas for trial practice. In 1995, Law 9/1995 of 27 July 1995 on motorised access to the natural environment (DOGC 2082 of 2-8-95) was approved, and in 1998 Decree 166/1998 of 8 July 1998 on theregulation of motorised access to the natural environment (DOGC 2680, 07.14.78).
The increase in the circulation of motor vehicles in recent years has led to a considerable increase in human pressure on natural areas. The power and manoeuvrability of the vehicles and, on the other hand, the progressive access of the population to places that until recently had been preserved from human action, inhabited by animal species and plant communities of natural interest, they constituted a threat that sometimes endangered the environment. Maintenance of ecological balance and conservation of natural systems and adversely affected the rights and quality of life of rural people.
Aware of this, the Government of the Generalitat of Catalonia promulgated Decree 59/1989 of 13 March 1989, which regulated motorised traffic for the protection of the natural environment, which replaced and in turn complemented the measures previously established by the Order of the Department of Agriculture, Livestock and Fisheries of 9 July 1987. which regulated the practice of motorized sports events and competitions in rural areas.
The regulatory measures established by Decree 59/1989 were insufficient to reconcile the practice of motorised traffic with the conservation of Catalonia’s natural heritage. Further measures to protect the natural environment were needed.
A first step in this direction was the regulation of motorized traffic in areas of natural interest, established by the rules of the Plan of Areas of Natural Interest, approved by the Decree 328/1992, of 14 December, which it was necessary to specify and extend to all natural areas and agricultural and forestry land in Catalonia.
The Act is divided into four chapters:
The Chapter I It contains the general provisions relating to the purpose of the Act, to its scope of application and to the principles of coordination, collaboration and mutual respect that must govern the actions of the different public administrations, which have competences related to the matter regulated by this Law.
. Chapter II is made up of two sections containing, respectively,general rules for the circulation of vehicles and specific rules for motorized traffic in groups.
Sports competitions are the subject of Chapter III, which is divided into three sections, which define the roads on which competitions may be held, the general traffic conditions applicable to this type of sporting activity and the system of administrative authorisations.
This Law closes with Chapter IV dedicated to discipline, of which it should be noted the provision for the immobilization of vehicles if, as a result of using them, in breach of the precepts of the Law, a serious risk to people, goods and natural ecosystems could arise.
However, this regulation created more problems than it solved.
Despite the fact that the new legislation opened several doors that guaranteed the practice of motor sports in the natural environment, the confusion of the same law and the lack of communication between the different members involved in these activities, are some of the reasons why the Law has not solved the issue.
I would go so far as to say that it is more of a political problem than an environmental problem.
It wasn’t about giving “coffee to everyone”, it was about knowing how to regulate, regulate, normalize, organize or legalize, even think, but not prohibit.
In the 60s, especially in the 70s and 80s and up to the present day, countless trials have been organized, there have been a lot of excursions on all the peaks of our beloved Pyrenees, also in mountains
emblematic cities of Catalonia: Montserrat, Montseny, Cadí, etc. And there has yet to be someone to prove that the deterioration of these mountains is the fault of trial bikes.
Martí Boada, geographer, naturalist and doctor of environmental sciences, carried out a Environmental study about a specific area of Catalonia to know and know the impact that trial bikes could cause on the environment. I’m not going to dwell on the results of the report, but we’re not as “bad” or as much of a demeanor/erode as they would have us believe.
We are the first ones interested in leaving the natural environment in better conditions than we found it, since it is our “modus vivendi” even if the “misnamed” ecologists want us to see otherwise, with an attitude that borders on the limits of individual freedom.
Nature can be loved from many aspects and we do it by “trialing” it with the trial bike.
What’s wrong with wanting to go out with our children to educate them with respect for nature?
Like other collectives… We want places (areas) where we can practice trials, And with this I am not saying that we are cornered in “ghettos”, landfills or quarries, we have the right to enjoy nature, the mountains and our forests, in this case with a trial bike and always with respect.
Hasn’t anyone yet realized that to prohibit is to go back to the past?
My concern for the future of the sport of trial increased with the approval, on July 27, 1995, of this Law 9/1995 regulating motorized access to the natural environment.
. From that moment on, the practice of trial became practically illegal, and its practitioners began to be persecuted by rural agents.
In this way, Catalonia, home to the main trial motorcycle factories of all time (Bultaco, Montesa, Ossa, Gas Gas, Sherco, Merlin, Xispa, etc.) and cradle of great champions of the specialty (Jordi Tarrés, Toni Bou, Adam Raga, Laia Sanz, etc.), saw how, in practice, this sport was prohibited, limiting it to trial areas that are scarce. small, with difficulties in receiving administrative permits and, in any case, limited in number and area.
I know We will hardly get any change in the legislation, But I think that, at least the politicians, our rulers, have to Hear about our problem And perhaps, in some cases, it will help them to have a more open mind, when these issues have to be discussed, or at least to know it, since I think that for many of them it is something they know almost nothing about.
On December 27, 2009, the Omnibus Law came into force. This is a law enacted to adapt Spanish legislation to Directive 2006/123/EC, which seeks to eliminate bureaucratic obstacles in the service sector.
The The Omnibus Law amended 47 state laws in sectors such as energy, transportation, communications, agriculture and health. It entailed the modification of 116 decree-laws and regional and municipal regulations and eliminated 16 prior authorization regimes, another 32 replaced by prior notifications, and eliminated 111 requirements.
From then on, the Catalan government, in the section on motorized access to the natural environment, removed obstacles to being able to ride a motorcycle through natural spaces. Vehicles could pass on tracks and paths less than four metres wide – until then it was forbidden – and competitions could also be held on protected land as long as the relevant authorisation was available.
The specialty of the Enduro benefitedbut trial, The changes that occurred with this Omnibus Law were insufficient and, although we all know that these laws are necessary to regulate inappropriate actions in the mountains or anywhere else, this regulation should not be based solely on prohibitions.
I am not an expert in law because, like any law or regulation, it is exposed to various interpretations. The only thing I know is that if you are “caught” doing trials, you will be sanctioned. For my part, and as long as “the wallet and the body” hold up, I will do everything possible so that the trial continues to be practiced in as natural a setting as possible.
David has provided the means to channel any comments, but if you want to make it more personalized, you will always find me at bonaigua@bonaigua-trial.com
Lots of zeros!
Victor Martin
“Bonaiguá”
