On 28th December Cairngorm Mountain Scotland Ltd (CMSL) issued this sledging policy on their website and a similar statement on their facebook page. It epitomises everything that is wrong with the current management Cairn Gorm and is unlawful.
The statement appeared to have prompted by the bedlam at the patch of snow that has been created by snow making machines near the Day Lodge. Clearly allowing sledges onto this small area when skiers are using it is not sensible.
But controlling sledging where people are skiing is not the same as trying to ban sledging from the entire ski area. Indeed, with the most of the ski area likely to be inaccessible to downhill skiers for most of this season due to the run down of ski infrastructure and closure of the funicular, there are more places than usual where it would be safe for people to go sledging.
A number of people commenting on the Cairngorm Mountain facebook page remarked on the lack of enterprise and legality of the policy:
CMSL’s lack of enterprise
It is probable that the snow making at Cairn Gorm this year has been so unsuccessful so far that there is not even space to create a cordoned off sledge run down the side of the snow patch that is called the beginners ski area. But having spent so much on creating the snow, charging sledgers to use it outside of skiing hours (9.30-3.30) might have brought in some much needed income and more importantly let a few more people enjoy what little snow there was.
There are good examples of this from abroad, where sledges come out onto the pistes once the ski lifts shut or where lifts are kept open for sledgers – and nearer at home:
In a letter to the Strathy this week Alan Brattey – who has contributed many posts to parkswatch – pointed out that CMSL are once again missing an opportunity to use Coire na Ciste:
For a company that claims to take health and safety so seriously – but remember the exposed ring main (see here for example) – this should be the obvious option for keeping sledgers and skiers apart!
An unlawful attempt to ban sledging
Under access rights you have a right to undertake informal recreation in Scotland’s ski areas. The ski companies can create rules for people who use the lifts – you enter a contract when you buy a ticket – but not for those that don’t.
That is not to say anyone can sledge (or walk) down the centre of a busy ski slope: ruining another person’s recreation could be construed as a breach of peace or, if the person risked causing a serious accident, culpable and reckless conduct a very serious offence. Most people appreciate this, even if they don’t know the law, and everything works pretty well through common sense: sledgers come out after the lifts have closed and ski tourers, if the only way to access the hill is up a piste, stick to the edges. Such practices are perfectly in line with the Scottish Outdoor Access Code, where part of the responsibilities involve respecting the rights of other recreational users. They are therefore within access rights.
CMSL therefore has no right to ban sledging from the ski area as they claim. Unfortunately, having got away with the unlawful closure of the ski road during the Covid pandemic, CMSL now pay scant regard to the law before issuing their edicts. Recreational organisations and everyone who enjoys visiting Cairn Gorm should start demanding CMSL retract their sledging policy otherwise walkers, mountaineers and ski tourers could be next.
The actual patch of artificially created snow raises some interesting legal questions. Technically, CMSL could probably apply to have it exempt from access rights – just like other temporary attractions in the countryside – on the basis that they paid to have it created and need to recover their expenses. Most people, however, would accept “rules” for this patch of snow if they were reasonable and CMSL were seen to be catering for the needs of the public. The risk to CMSL now is that the messages they are issuing are so clearly unreasonable and not in the public interest that people just stop listening. That would make the task of managing what is left of the Cairngorm Mountain business far more difficult.
I doubt if CSML could succeed in a claim that their patch of artificially created snow should be exempt from access rights. This is not a facility in the normal sense and is no different than a nearby patch of snow created by natural forces, possibly aided by the presence of nearby snow fences. In legal terms it is no different to paths or tracks created elsewhere in the hills by landowners – access rights apply to those places, irrespective of whether anyone is paying construction or maintenance costs. But CSML can simply erect notices or deploy staff to REQUEST persons wanting to sledge to avoid particular patches or areas of snow where there could be interference with other snowsport activities, or serious risk. The tragic death of a young person who sledged through a snow bridge and into the Cas burn before drowning under the ice below, many years ago, is an important reminder of the danger of sledging in the lower part of Coire Cas.
And so it goes on….
Until outdoor enthusiasts have influence in the Scottish government, HIE will be allowed to continue to fritter away tax payers’ money and reduce Cairngorm to a summer only tourist attraction for coach parties.
Being pedantic… If I carry my sledge into the middle of the white lady… Make sure nobody is coming, I can sledge away. If I am sledging, and a skier approaches from above… They need to respect my rights to be there. It would be rude to do it but that’s the way the access legislation goes. It’s like fishing and canoeing.
Ski is more dangerous than sledging .. and also any other winter sport.
I think snow is free and there is for to anyone to be use it …and dont use the H&S excuse…I was shocked when I got a email to let me know that sledging in no longer allowed…..
when ski ⛷️ is dangerous.
Family go to Cairngorm to enjoy ,sking sledging and snowboarding. If not you would lose costumers …
In early December 2021 CMSL placed a video on their fb page in which the CEO told prospective customers that staff were working hard to enable everyone to have a wonderful snowsports season at CairnGorm. That ignores the fact that sledging is a snowsport that people enjoy on snow and something that CMSL were foolishly trying to ban when it’s clear that they have no legal right to do so. Perhaps they should consider working hard to create something that their customers want .i.e. a Sledge Park.
In that same video the CEO said that she didn’t want their social media and fb platforms to be used as negative forums. Perhaps she’s had time now to reflect on that ill advised comment and come to realise that it isn’t about what she wants but rather it is all about what the customer wants. It’s a customer service business after all…isn’t it? There are 10’s of 1000’s of people who no longer patronise the Cairngorm business. There’s a lot of negativity towards Cairngorm which is unlikely to diminish unless and until customers are placed front and centre of everything done on the hill
Another wodge of comments…..that might have upset the New “Permanent” CEO……deleted of the Cairngorm FB Page this morning !! But not before people, who have to get out of bed at a reasonable time, were able to chortle over them, whilst contemplating Breakfast !!
I find myself rather bemused by the concern of Cairngorm Mountain over the prevention of accidents to sledgers as, sorting out some of my old files on the Cairngorms just now, I find myself looking at notes from a paper to a conference of skiing accidents in Aviemore in 1984 presented by the local GP. He discussed how 6000 skiers had been hospitalised from accidents on Cairngorm in the previous 20 years! I wonder how many since then?