On Thu, 20 Jan 2005 22:05:31 -0000, "Pete Foster"
<
[email protected]> wrote:
>I'm suprised that nobody has mentioned this already.
>
>Alun Michael has spoken:
>
20 January 2005
GOVERNMENT ACTS TO GIVE CLARITY TO USERS OF 'GREEN LANES'
Inappropriate use of public rights of way by mechanically propelled
vehicles will be curtailed via legislation, Rural Affairs Minister
Alun Michael confirmed today.
The Minister's confirmation follows a Defra consultation on proposals
to address widespread concern about the use of ancient, and often
fragile, tracks by motor bikes, quad bikes and 4x4s.
In particular, views were sought on the existing principle that
permits use by modern motor vehicles on the basis that the routes were
once used by horse-drawn carriages.
The Government's response to the consultation is published today,
alongside the results of a Defra research report on the use of byways
open to all traffic by motor vehicles.
Alun Michael said:
"We need a rights of way network that responds to the needs of the
21st century, not a network based solely on historic use patterns. The
pressures of modern day use are very different to those a hundred or
more years ago and new legislation is needed to reflect these changes.
"It is not right that future use for leisure purposes by four wheel
drive vehicles, quad bikes and motorbikes is established because
horses or horse drawn vehicles used a route long before motorised
vehicles were commonplace. At present, other considerations - like the
environmental impact, the effect on local people, or the effect on
other users - cannot be taken into account.
"I have never sought to restrict existing use of the established
rights of way vehicular network and I am pleased that the findings of
the Defra research report support this view.
"There is a place in our countryside for all users of rights of way,
whether on foot or on four wheels, but the use must be responsible,
sustainable and appropriate.
"Our proposals will give clarity to users to enable that to happen,
but new legislation alone will not deliver the solution. We need to
work at effecting cultural change amongst all user groups, make better
use of existing and legal powers, and offer better guidance on
management of vehicular traffic on rights of way, to ensure that the
rights of way network is safeguarded for the enjoyment of everyone."
A public right of way can be established through historical
documentary sources, on the basis of long public use of a route, or
through express dedication. Following a recent House of Lords ruling
[Bakewell Management Limited v Brandwood and Others (April 2004)]
there may also be instances where more recent illegal vehicular use
may give rise to vehicular rights.
The consultation response 'The Government's framework for action',
centres on:
New guidance to promote the better enforcement of existing powers,
including Road Traffic powers, to manage vehicle use;
An update to the publication 'Making the Best of Byways' providing
robust advice on managing the different traffic on vehicular rights of
way;
Legislation to limit the basis on which new rights of way may be
acquired for mechanically propelled vehicles, and
An end to the situation whereby historic use by horse-drawn vehicles,
dedications made before the existence of the internal combustion
engine, or illegal use, can give rise to a right of use by modern
mechanically propelled vehicles. This will provide greater certainty
about the public vehicular rights that exist by making it no longer
possible (with some exceptions) to establish a 'byway open to all
traffic' on the evidence of past use by non-mechanically propelled
vehicles.
The Minister confirmed that he wants the measures to become law as
soon as a legislative opportunity is available. The new legislation
will ensure that future use by non-mechanically propelled vehicles can
be used only to establish a 'restricted byway', a new category of
right of way introduced by the Countryside and Rights of Way Act 2000,
which excludes rights for mechanically propelled vehicles.
The statement also deals with the approach to the technical
regulations to implement the provisions in the Countryside and Rights
of Way Act 2000 to redesignate roads used as public paths to
restricted byways.
The full response, 'The Government's framework for action', and the
Defra research report are published online at
www.defra.gov.uk/wildlife-countryside/cl/mpv/index.htm.
Notes for editors
1. Public rights of way include:
footpaths, which give right of way on foot only;
bridleways, which give right of way to horse riders, those leading a
horse, cyclists and pedestrians. The latter two must give way to the
former;
roads used as public paths, which are highways other than a public
path, used mainly for the purposes for which footpaths or bridleways
are used.
restricted byways, which give right of way on foot, horseback, to
those leading a horse, and to vehicles which are not mechanically
propelled, including cycles; and
byways open to all traffic, which give public right of way for
vehicular traffic and all other kinds of traffic, but are used mainly
for the purposes for which footpaths and bridleways are used
2. The category known as 'roads used as public paths' does not
explicitly identify whether vehicular rights are available. Local
authorities were required by the Countryside Act 1968, and then the
Wildlife and Countryside Act 1981, to reclassify each RUPP as either a
byway open to all traffic, bridleway or footpath, according to the
rights which could be proved to exist. However, this exercise has not
been completed in the majority of cases, and to end uncertainty RUPPs
will be replaced by the new category of restricted byways, which
provide clarity on the precise rights available.
3. New proposals to curtail the recording of certain vehicular rights
were put forward in the consultation paper, Use of mechanically
propelled vehicles on rights of way published in December 2003, which
suggested that the current approach was an inappropriate and
unsustainable basis on which to record rights. Defra received over
fourteen thousand formal responses, letter and emails commenting on
the consultation proposals.
4. The Defra research report on motor vehicles on byways open to all
traffic looked at the use of byways open to all traffic in England to
assess the implications of use of the network and its management.
5. Copies of the consultation response The Government's framework for
action, and the Defra research report on motor vehicles on motor
vehicles on byways open to all traffic in England are available from
Defra publications, Admail 6000, London SW1A 2XX. Tel: 08459 556000.
