Cycling Cecilia cork tree trail

[Flowta]

My point exactly - Sanparks management should not be wasting the court time with this.

 

They are seeking a criminal prosecution - I wouldn't pay the fine, but go and speak to the control prosecutor and tell them you will be appearing and that you will call THEIR/ Sanparks rangers as witnesses who have allowed/ turned a blind eye to the riding there and are now suddenly prosecuting people.

 

Your only real problem here is waiting at Wynberg court for the best part of the morning.

 

Sanparks management should be made to wait at court too - as punishment for them.

 

Sorry if I am irritated - but if this is where Sanparks management are focusing their efforts its a joke.

 

Agree 100% with you here

[Oneman]

One thing that I notice in this thread is that the newbies and those with minimal posts are all advocating rouge riding and have a "I can do what I want" attitude, and everyone that's been around for longer is saying the opposite.

So essentially, Hubbers are better people.  Even Deon.

  

 

The other way to look at it is that new riders have absolutely no clue what is allowed, and with poor communication from TMNP the only way they'll get clued in is by coming across the Hub at some point. While the folks on the Hub are so used to all of these things, and have read every single post just to make sure that they stay on the right trails.

 

Ignorance is not a defence, I know - but maybe let's get off the high 29er.

 

Btw I agree - Hubbers are better people. After a couple of drinks And especially on a Friday.

[Hackster]

I have a problem with the 'there was no sign telling me I couldn't ride there' defence.

 

It's faulty logic.

 

It implies that every single path* across the whole of Table Mountain National Park must be marked with a 'no riding here' sign.

 

*Besides the ones that you are allowed to ride, those don't need to have a sign.

 

UYCS Unless a path/area within Table Mountain National Park is marked MTB-friendly, you must assume you're not allowed to ride it.

 

What I do find interesting within this whole debate is that MTBers are getting close to being the largest user group on some parts of the mountain these days, if they aren't already.

[Mntboy]

One thing that I notice in this thread is that the newbies and those with minimal posts are all advocating rouge riding and have a "I can do what I want" attitude, and everyone that's been around for longer is saying the opposite.

So essentially, Hubbers are better people. Even Deon.

[emoji14]h34r:

Do you know where the day permit purchase area is for Rhodes Memorial/Front of the Mountain in Cape Town itself?

 

Rogue riding is obviously not ok but neither is the poor communications from Parks. Unfortunately it's lead to a bit of a piss poor attitude by some who would sooner just ride than pay or even find out where they can pay. This is partly Parks' fault because of the comms issue (for those that know of the need for permits) but we also need to look at our own attitudes (to not be as lazy as not to pay whether for an activity card or day permit) but to inform our fellow bikers and get them to help tow the line so to speak.

[Mntboy]

6 weeks ago by a SANP field ranger, in uniform, at the Southern Cross end of the trail

Can't wait for my day in court, can you imagine a clear thinking magistrate upholding a R2500 fine for cycling in an area where there is obvious confusion about whether it is open or not

I hope you have loads of credible witnesses that includes field rangers to prove your defense of 'There's confusion about if mountain biking is allowed on this stretch of government property'. Otherwise be prepared to have to pay the admission of guilt fine and receive a criminal record.

[tubed]

I hope you have loads of credible witnesses that includes field rangers to prove your defense of 'There's confusion about if mountain biking is allowed on this stretch of government property'. Otherwise be prepared to have to pay the admission of guilt fine and receive a criminal record.

 

I put it to you that...: " the burden of proof beyond reasonable doubt is on the State" not on the accused.

 

As I say - a monumental waste of time.

[Toby Adams]

Agreed, but not all cyclists are aware of this, and assume it's business as usual in terms of previously being allowed.

 

That being said, if they are on thehub, it is more than likely that they may have seen these warnings

I have been charged with "cycling where is not allowed to cycle" and instructed to appear in court on 07 August 2015 at Wynberg Magistrates court no 10 at 09h00.

I will be there!

Edited June 22, 2015 by Toby Adams

[Mntboy]

I put it to you that...: " the burden of proof beyond reasonable doubt is on the State" not on the accused.

 

As I say - a monumental waste of time.

In this case the accused seems intent on proving the state's case for them. The reasonable man principle applies and I am pretty sure the OP is going to have to pay the fine.

 

The OP is very definitely wasting his time.

[DJR]

This is going to be an interesting one!

Edited June 22, 2015 by DJR

[tubed]

In this case the accused seems intent on proving the state's case for them. The reasonable man principle applies and I am pretty sure the OP is going to have to pay the fine.

 

The OP is very definitely wasting his time.

 

intrigued - let's see

[Headshot]

Not really, there isn't *that* much confusion.

Until signage goes up indicating that cycling is allowed we need to stay away.

 

The announcements were made by Rob Vogel. Many, including me missed the fact that it was open, but not actually open because the signage had not changed yet. ( how bizarre is this really - temp signs could have been put up immediately)This was weeks ago and still nothing.

 

Now word has got out - the only good news to come out of recent interactions with SANP was bound to spread like wild fire. Now we have no Tokai and officials wasting money ticketing people riding a trail that has been ridden for years by a few cyclists without any problems. I have been riding that trail for 20 years on and off. Now because its been legalized although actually not because a sign has not been changed, we have rangers ticketing people.

 

Vintage SANP shooting themselves in the foot. 

[Headshot]

Agree 100% with you here

 

You may well find that the ticket is simply thrown out of court by the prosecutor. I doubt it has legal validity.

 

I would argue that there is no confusion. There is an email from the area manager confirming that the trail would be opened on a trial basis. That includes the jeep track from the neck to the start of the single track. In fact SANP even requested cyclists park at the neck and not at Southern Cross. So much for following through from their side. 

[Trance Dance]

So back in 2012 I went through this. I cycled up signal hill from above the military bases. Got to the top, tar road and turned right and ended up on a single track. No signage at all. After some lekker single track I was stopped by two rangers. The senior ranger issued me with a fine of R500 in San parks green paper

 

Two months later in went to court. Not actual court, i saw a magistrate who dismissed the case. She laughed and made a joke that San parks issues fines on green pape.

 

Hope your experience is as easy as mine was!

[Headshot]

I would imagine it'd be trespassing. 

No, imagine again,  not trespassing. Its a statutory offence in terms of the National Environmental Management Act, although exactly which section or regulation I don't know.

[wolver]

Day permits can be purchased at the SANPARKS office in Burg Street in Town

 

Really would make life easier for everyone if they sold them at the Kloof Nek/Cableway office and Rhodes Mem!

[marko35s]

You may well find that the ticket is simply thrown out of court by the prosecutor. I doubt it has legal validity.

 

I would argue that there is no confusion. There is an email from the area manager confirming that the trail would be opened on a trial basis. That includes the jeep track from the neck to the start of the single track. In fact SANP even requested cyclists park at the neck and not at Southern Cross. So much for following through from their side. 

There was also an email saying cyclists would be fined.