Use of mechanically propelled vehicles on rights of way
Consultation and Framework
The
Government carried out a review of policy on the use of mechanically propelled vehicles
on rights of way and published a consultation paper on the use of mechanically
propelled vehicles on Rights of Way in December 2003.
An analysis of responses to the consultation was published in "The Government's framework for action" in January 2005. A Defra research project was also published on the existing use of byways open to all traffic by motor vehicles:
- Report of a research project on motor vehicles on byways open to all traffic
(44 KB) - January 2005
Legislation
Paragraph 5, Schedule 7 of the CROW Act both widens and strengthens the offence of driving mechanically propelled vehicles elsewhere than on roads (section 34 Road Traffic Act 1988):
- The offence is extended to cover restricted byways;
- The phrase "mechanically propelled vehicle" has been inserted into section 34 to replace the term "motor vehicle". This means that those categories of vehicle that fall outside the legal definition of a "motor vehicle", such as unregistered or unlicensed scramblers and quad bikes, are now covered by section 34; and
- The onus is now clearly on the person charged under section 34 to prove that there are public vehicular rights of way over a way recorded as footpath bridleway or restricted byway.
These changes all came into force on 30 January 2001 and in "The Government's framework for action" set out the Government's decision to legislate further to:
(i) limit the basis on which new rights of way may be acquired for mechanically propelled vehicles, and end the situation whereby historic use by non mechanically propelled vehicles, such as horse-drawn vehicles can give rise to a right of use by modern mechanically propelled vehicles;
(ii) ensure that a long period of illegal mechanically propelled vehicular use over a footpath, bridleway or any other land does not give rise to public vehicular rights.
This legislation was taken forward through the Natural Environment and Rural Communities Bill. Further information and guidance is available on Rights of Way & the Natural Environment and Rural Communities Act 2006 page.
Guidance on managing motor vehicles use on rights of way 
In the "Framework for Action", the Government set out its policy proposals on the use of motor vehicles on rights of way and the wider countryside. These included a commitment to produce the following guidance:
- Regulating the use of motor vehicles on public rights of way and off road
(475 KB) - December 2005
A guide setting out the range of existing powers available to the police and local authorities and encouraging a better understanding and use of these powers including the use of traffic regulation orders.
This guidance is a first step to provide information on getting the most out of existing legislation, and to encourage the formation of local partnerships to tackle abuse. While is aimed at illegal use of public rights of way, the anti-social and environmentally damaging use of motor vehicles away from public highways both in the countryside and in urban areas is also addressed.
The powers currently available to the police and local authorities are an important tool in tackling illegal and inappropriate motor vehicle use, but there are additional ways in which the local community, together with the police and local authorities, and of course the relevant motoring clubs, can work to provide solutions. Defra is aware of areas where the police, local authorities and the clubs are working together to reduce the level of illegal off road use. A key part of their approach is through education and the provision of supervised designated sites.
- Making the best of byways (1.5 MB, note large file size) - December 2005
An updated version of the guidance originally published in 1997, this guide aims to provide practical advice, mainly to local highway authorities, on managing byways open to all traffic and other unsurfaced vehicular routes and including examples of best practice, sustainable and best value solutions and technical advice on surfacing.
Powers for National Parks to make traffic regulation orders
From the 1st October 2007 National Park Authorities have the powers to make traffic regulation orders on certain classes of roads within a National Park. These new powers are set out in Section 72 of the Natural Environment and Rural Communities Act 2006 and are part of a package of measures introduced to control excessive or inappropriate use of mechanically propelled vehicles away from the ordinary road network.
- Guidance for National Park Authorities making Traffic Regulation Orders under section 22BB Road Traffic Regulation Act 1984 [991 KB]
- The Regulations and Commencement order can be found at www.opsi.gov.uk/si/si2007/20072542.htm
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Page last modified:
17 December 2007
Page published: 20 January 2005