As soon as the old man came out of the trees, I knew he wasn't a hiker. He wasn't dressed for a hike -- his clothes were more the around-the-house variety -- and he had no backpack and no dog.
Something told me we were in trouble.
After an afternoon of digging, we were at the sweet moment when our new jump was almost ready to test. It needed only a few small alterations, but the feeling I got from this guy told me we weren't going to hit it that day. There was only one reason an old man would venture by himself to this spot, and we all knew what it was. Still, we offered a friendly greeting as he approached, hoping that our instincts were off.
"What are you guys making here?" he asked.
"Bike jump," I said. "Just tuning up the trail a bit."
"I see," he said, taking in the obstacle for a moment. "I own this land."
Silence. None of us had a reply, but we nodded to acknowledge the statement. We had known there were houses in the area, and that some of the land the trail crossed could be private property. But it seemed unlikely that we would ever come face-to-face with any landowners so deep in the valley.
Felony or misdemeanor?
"I've been trying to keep people off this trail for years after my home was burglarized by a mountain biker," he said.
"Well ..." I began. But there were too many curiosities with that sentence for me to address at once. After a minute, I explained that we weren't part of a criminal enterprise -- a readily apparent fact since two of us had our small children along with us, who gripped half-sized shovels and stared at the old man as we talked. Between the kids and our high-end downhill bikes, we didn't resemble a street gang.
"But this is an illegal trail," he said. "Even on the areas that aren't my land, the Forestry Service wouldn't approve of you building stuff like this," he said, gesturing to a tabletop. We had built that one too. I didn't mention that.
"I know what you're saying," I said. "But we're not here to hurt anyone or complicate things for land owners. We're just looking to have some fun with these bikes."
He seemed to consider this for a moment. In that instant it occurred to me that maybe -- just maybe -- he might not do the predictable thing and ask us to leave. I imagined he might realize that we, a group of 30-year-old men with shovels, children and jobs waiting for us on Monday, were not criminals, but just guys who wanted to enjoy the simple pleasures of sculpting dirt and riding bikes for an afternoon.
"I'm going to need to take some pictures of this to send to the Sheriff's office," he began, snapping me out of my fantasy. "They've been very interested in everything that's happened around here since that mountain biker broke into my house. And they definitely wouldn't approve of ..."
But by then we were already gathering up shovels and children's coats for the walk back to the truck. He seemed to feel somewhat guilty about asking us to leave -- he kept trying to make suggestions about other ways we could route the trail around his property as we packed -- but the result was the same regardless: Another trail had been compromised.
Game over.
Still, that wasn't the most depressing thing about the encounter. The truth is, people will still ride the trail, though you won't catch us digging at that spot again. The most depressing part was the reaction of the kids. They seemed confused and saddened by the encounter, and if you've ever tried to articulate liability law to a six-year-old, you'll know that our explanations were not helpful.
In the end, I wasn't sure whether I should resent the old man or the system that supports his logic. When someone files a lawsuit against a landowner because they crashed their bike on a jump -- or slipped on a sidewalk or fell down some steps or whatever -- it's a deflection of responsibility that should appall everyone. Yet it happens routinely. There's a reason personal injury attorneys can afford all those billboards and daytime TV ads.
I don't know the answer to this problem. But I do know that when building jumps and berms for bicycles in the wilderness commonly amounts to a crime, something has gone profoundly wrong with the way the world works -- something more complicated than an 800-word essay can address.
Luckily, I don't need to dwell on this point, because my friends and our kids still have other places to dig. But if we spot an out-of-place old man walking up any of those trails, we'll save ourselves the effort and gather the shovels first.
they want to save money yet they hire people to knock down some jumps and trails, they want us to ride more and become fit and reduce carbon emmisions (ill admit most DHers get lifts but not all) yet we have no where to ride .. we get moaned at if we ride on the road and fined if we go on the path :S we just cant win
still though if your riding area is demolished look on the brightside and realise you can re-build whatever you want now
unfortunately the waiver you signed gives no legal protection to the land owner in the case of a serious accident or fatality on their land
under UK law you cannot waive your rights to bring a legal action against a land owner just by signing a liability waiver - its literally worthless if it goes to court
what a waiver does is act as a first warning, and is commonly used to highlight potential dangers, but is just one part of a wider strategy to protect a landowner which ultimately must include expensive liability insurance
and you will find in the UK, that an accident involving serious permanent consequences like a spinal injury will go to court, where the liability insurance is basically used to fund the legal defence against the claimant, with no set outcome (i.e. you can still lose!)
this is why so many landowners, when they take legal advice, will refuse to host any kind of activities on their land that could encourage an accident - and another consideration is that they are responsible for their land, and denying that they knew that DJs or FR trails had been built on a remote corner of their land is no legal defence either...
I'd look at getting personal accident insurance if you are doing lots of extreme riding, its well worth the £20-30 a month to make sure you are covered for life if you go down hard and don't get up again
The best way to work these things is to MAKE SURE YOU'RE NOT BUILDING ON PRIVATE PROPERTY first, then if the land is public 1) make sure the FS will never find it, or 2) make sure the FS is OK with it. Doing the manual labor on a trail isn't easy, but we're still willing to do it, so why aren't so many people willing to see if all their work will go to shit beforehand by checking the legalities? You may not agree with the rules, but they also protect you too.
We know the risks of our sport and we should be the only ones liable for our actions. Landowners are just people kind enough to share their property with others.
In NZ it's a mission to find land to build on that isnt owned by anyone because we're such a small country. My trails are on private property where we've talked with the landowner to get permission to build there, and i'm grateful he's allowed us to use it. There's no way i'd ever stoop so low as sueing him just for being a good person.
No mountain biker should think this way, and any that do shouldnt be riding bikes at all, because it just kills the sport and they way people view us. You know the risks, you should be accepting that it's your own fault what may go wrong mid air or an the trail.
Im glad that sueing isn't common in New Zealand, if everyone went around sueing each other like they do in America we'd have nowhere to ride...
It's hard to say what you would or wouldn't do when you are put into a life changing situation whether or not you put yourself there. Maybe you can, but not sure I can.
Also, I don't think all lawyers are slime. We need lawyers to interpret the law. I admit that some are probably slime though. Maybe it's our laws that allow them to be slimy.
Listen, I was that kid doing stair gaps in downtown lipping off the security guards. I'm not condoning the system nor did I magically create it. Just pointing something out. It's a good thing that you know the risks and respect landowners enough to let them know what you're doing on their land. Even better if they are okay with it.
if you're paralyzed and can't support your family...you can't put niceness in a lunch box"
If youre paralyzed because of a crash while mountain biking that was not the result of a booby trap and you sue somebody because you can't support your family then YOU ARE THE LOWEST OF THE LOW.
Inherent risk people... learn to live with it or sell your gear and cover yourself in bubble wrap.
Btw, for all you legal sharks out there... in North America, if you injure yourself while trespassing then you have no legal recourse unless you can prove malice.
within months of the accident we had a legal action against the bike park, this went on for nearly 3 years and cost over GBP£20,000 in legal fees for our solicitors to fight against
many dubious claims were made about the cause of his accident, and we had to fight each of these claims in turn, until they eventually accepted he made a mistake on his bike, and received nothing
I can actually understand his point of view, because he was in his mid 20's and had a family and no way to support them, he accepted an offer from a "no win, no fee" solicitor to take up his case
however, the bike park in question was a "not for profit" facility built by unpaid volunteers with materials and tools paid for by bike industry sponsors, so we were surprised about the legal action as there was literally no money to chase...
my own experience of this case meant I soon went out and purchased personal accident insurance which would provide a lifetime income in case I suffered a similar accident on my freeride mountain bike
Anyways, nice to hear you packed up and left, build on someones land you know next time.
when i read you article (spot on btw ) was thinking the typical, well he rode away on a mountain bike.... so he must be a mountain biker...
i guess the old saying of "just cos you ride, dont mean your cool" comes in
we're very lucky to have a spot where the locals an dog walkers actualy like us!! (crazy as it seems) we pick up litter all around the wood, we get kids to wear helmets , we cut the under growth an nettles off the foot trails in summer when it gets real thick
its council land but theres been bikes ridden there since people rode bike in the woods!! one young 14yr old came out years ago an said his dad sent him there cos he used to ride cyclo-X there in the 70's!!!!!
This just goes to show that all it takes is one dumbass to ruin something great we have going. It just makes you sit back and wonder what the hell happened to "trust."
I'm really sorry to hear about this, but at the same time, I can't wait to read and watch what bigger, better dig is coming in the future. You'll find something!
ask him if you can buy that proberty- so YOU can build YOUR TRAIL! what would you do if he goes to your bike and start taking the bike apart?? same thing - the bike is your PROPERTY. you will react just like him!!!!
There is a lack of respect for others on display here and might be a big reason why landowners are unwilling to work with Mountain bikers.
It is not our god given right to go out in the woods and carve out a trail. Having a mountain bike does not mean you are steward of nature either.
If you want a dirt jump build so bad, build it in your backyard... its not like would be any different than out in the middle of nowhere.
The truth is, I don't expect landowners to yield to the public when it comes to their land, and I regret that some people took that message from the essay. I just find it unfortunate that so many owners resist having trails on their land because of peripheral issues such as liability, vandalism, litter and, in this case, theft.
As for the rerouting discussion, it was a bit of a dead end, unfortunately. The trail follows a shelf that has a sheer drop on one side and a steep slope on the other, so a reroute is impossible (and as it is, the trail doesn't come within a quarter mile of his home -- I had never seen the place before, in fact.) Ironically, he seemed to be throwing his neighbors under the bus with many of his suggested reroutes. Had a re-route been possible, I think we all would have been glad to discuss the matter.
IF these kinds of messages still arent getting through to some, they should go read IMBA's guide to building a sustainable trail. it is clearly written if you want a trail to last, you have to make sure that the property owner (whomever it is) is OK with the trails being built.
it is as simble as that!
Anyways I used IMBA studies and Personal College thesis' on the effect of the environment, personal stories of people who encountered good and bad hikers and the health benefit of building/riding.
On the topic of environment: It was proven in multiple studies that horses cause the most erosion, followed by a tie between hikers and bikers on average. *there are instances where hiker or biker can cause more than the other* So on the issue of erosion, that can be dismissed.
Personal Stories: yeah, I'm sure on PB there are a few of those riders who have given a bad name to us. Anyways, groups like IMBA and NICA are helping to educate bikers and young fledgling bikers such as the ones on high school teams on how to be polite to other trail users. Without those we might have a major problem in the future of angrier and more aggrresive land owners and protectors.
Finally we all know the benefits of riding bikes on our health...
to conclude, my teacher was still highly opposed to me being on public trails... cough cough illegal cough cough. We're in an uphill battle but we need to play their, the land owners, game to get any form of leeway on building.
i know everyone says oh i wont sue them if i hurt my self but think about it think how much you love the sport if you f*ck up and become unable to bike your gona be mad and the only person you can take it out on is the land owner im not saying everyone is going to sue them or act this way im just saying your not always thinking through this kind of shit when your realizing wow im never gona be able to bike again or go play golf with the guys or go take my son out and teach him how to play baseball or bike your gona be mad and who knows what youll do
But I can't say I am surprised that private land owners are wary of illegal trail building when the legal system in the US allows this sort of thing:
www.huffingtonpost.com/mobileweb/2011/12/29/hiroyuki-joho-sued_n_1175172.html
Sadly the rest of the world is laughing at you America, again.
We have also been building really big jumps, ladders and even wall rides when cops have come walking up. They look around and say "Wow!!.... you guys hit all these?"
US "Yup"
Cop "This place is sick. I have known about this place and i ride mountain bikes to but i cant do any of this stuff. You guys are insane."
Then he watched us and went back to his car and left. Nothing happend to our trail and its still there. So it all depends on the person who catches you building
@enorbz, I really don't know what you meant by that. I consider myself "green" and know PLENTY of other bikers that do as well. How hypocritical would I be if I said I love riding my bike in nature but didn't care about nature!? Construction of sustainable trails is the best way to ensure we have epic places to ride in the future. I hope you have some sort of appreciation and respect for your local trails and the land they are built on.
There is no such thing as a "secret" trail. Eventually they all become public knowledge and more people join our sport every day.
Permission is always a more worthwhile goal than forgiveness. It garners respect and improves our collective reputation.
Join IMBA and/or an IMBA affiliated group. Having literally tens of thousands of people backing your cause really makes a difference.
If Forest Service land, there can be many random people wandering the land. FS timber specialists, rangers, recreation officers, and random people, (exploring hunting spots for example or loggers). We have permission to build from the Gov't and people still call in complaints about "illegal trails near their hunting spots."
I hate to say it, but the messages the author sent to his kids was, "if we can get away with it, it is OK to do." Hopefully the author explained to his children that "Daddy didn't think this through very well."
Would people who own city sized lots enjoy strangers dumping lumber on their lawns and building miniature golf courses? That is an extreme example, but the end result/sentiment would be the same.
But I would never tell the kids that getting away with something makes it OK. I simply explained to them that we didn't realize it was someone else's land (which was true.) One somewhat humorous thing that I left out of the story is that the spot we were digging at turned out to be roughly 15 feet from the public land boundary. Unfortunately, it's a bit difficult to make out those borders around here.
I want to hear more about how he knew it was a mountain biker that broke into his house. Reading that sentence it just seemed like he considered all mountain bikers vandals and theives, But im sure there is more to it than that.
But that really does suck I would love to have the freedom of building a trail that I knew would never be touched by someone.
Maybe it will happen someday.
So, 2012 is here and the scene here is bleak as ever.
With few real trail builders left and only haters and THE MAN to battle, I fear 2012 may be the worst year yet!
We formed a nonprofit society,talked to landowners,city ,fvrd ,and raised money to do what we love. trailbuilding ,riding.
Made maps gpsed,and sold them,worked with tourism officials, landowners(not everyone was happy)but then some just want you to leave so they have their paradise alone nimby.
At the end of the day,years of work trailbuilding,and it's going to stay.
maybe one day you will travel to Abbotsford BC and see what we have done,it's the future.
Mr.G
I don't know why can't we mountainbikers(dh, fr xc everything) can get more sponsoration, and i mean now trails. But football the first for sure..... Please big mans Mountan Biking is a very good and important SPORT too...
I don't know why can't we mountainbikers(dh, fr xc everything) can get more sponsoration, and i mean now trails. But football the first for sure..... Please big mans Mountan Biking is a very good and important SPORT too...
The shit thing is how frustrating it is when I can't go because it's shooting season. This time last year the land owner didn't know we were there (or hadn't spoken to us yet anyway) and we went all the time, but now he knows we go there, we have restrictions on when we can ride.
Your investment: a few hours with a shovel= several hundred bucks.
My investment: 4 years of college, 20 years full time in the workplace as a professional. Used cars, used bikes up until a few years ago. No fancy vacations. Thousands of hours of manual labour=approx 2 million. It is not your right to use my property, but I have allowed it. Now you demand it!!!?????
I laughed (sadly) at that. It's shit, both people not being able to understand we just want to have a bit of fun, and also riders suing landowners when they wanker themselves? Wtf? That's not what riding bikes is about.
So yes, i feel your pain when it comes to your stokeness of trail buildin being shot down in cold blood
on to the next one...
Walking away from all that work is pretty much all you can do, I offered a guy a 12 pack once, unfortunately with no luck.
There reasoning was you have a skate park why do you need piles of dirt?