rabthecairnterrier wrote:The LandReform Act 2004 includes responsible wild camping along with the other statutory access rights. "Wild" camping means lightweight low impact camping for short periods in areas well away from and out of sight of houses and roads. The only exception is a small and tightly defined area on the East side of Loch Lomond which was exempted becasue of pressure of numbers and associated anti-social behaviour. The definition of wild camping does not include roadside car-based camping - therefore Coire Gabhaill fine, Clachaig not.
Morally I agree with you 100% legally I don't think you have that quite right re:roadside camping. The Scottish Outdoor Access Code advises that access rights apply wherever people camp in the prescribed fashion (lightweight, low numbers, short periods of time) and that you can "help landowners" by not camping near roads, historic structures etc.
Whilst roadside camping does not fit in with many people's view of what wild camping should be I'm not sure there is actually any legal basis to say that someone can not park up on a public highway and enjoy responsible access to the land by camping by their car. Whether they roll up with a ton of booze is neither here nor there, it is their conduct upon which they will be judged.
Whilst the Scottish Outdoor Access Code should be read in relation to the Land Reform Act 2003 , it is not a codified statement of law in itself and may be only be used evidentially to test whether or someone has reasonably exercised their right to responsible land access.
Now, you or I may well decide to repsect the wishes of the landowner or manager by not camping in a specific place where there has been trouble in the past.
However, unless covered by the explicit exemptions such as houses, gardens or adjecent to buildings, to say camping is banned in a certain place, or a particular style of camping or type of person camping is banned is simply not true. It is the conduct of the participants that will be used to judge whether or not they have acccessed the land responsibly.