** Important **
Some of the Statutory Instruments promised during NERC took effect on 2nd May 2006.
Effect in England
..........................
All RUPPs have ceased to exist. They are now all transformed to Restricted Byways (no exceptions - even if a BOAT order is outstanding).
NERC makes a big effect over most new RBs, dual-recorded
Footpaths/Bridleways, and unrecorded roads; to extinguish MPV rights with
immediate effect.
It is an offence under RTA88 to drive an MPV over a new RB or a FP/BW.
As before, there is a defence of showing that public MPV rights exist - but
that is now considerably harder to prove as most MPV rights will have been extinguished by NERC.
These changes do not affect BOATs or UCRs (shown as ORPA on OS
maps)
As well informed GLASS affiliated club members you all know that, right?? I didn't and I carefully searched for it just a few days ago. How Joe Public might know I have no idea!!
As it is a de-facto offence to drive/ride a new RB with a motor, as its
always been for a FP or BW, the only advice can be not to do it. Unless you have VERY good evidence both that MPV rights existed AND that they were protected from NERCs extinguishment effects.
Effect in Wales
--------------------
None. The Welsh Assembly has yet to pass the Statutory Instruments
giving the effects as per England. No firm date known, probably within a
month or two.
It remains an offence under RTA88 to drive on footpaths/bridleways, this
can be defended with good evidence of Vehicle rights. It remains the case as before that driving on a RUPP may or may not be an offence, to be prosecuted it must be shown that veh rights do not exist. No NERC
extinguishments have yet taken place.
For comparison, Welsh Highway Authorities must have their Registers of
DMMOs (claims) available online 1st July 2006. (was 1st Jan in England)
Effect in Scotland, Ireland, Man, etc
-----------------------------------------------
None.
Acronyms -
BOAT - Byway Open to All Traffic - assures MPV rights (unless restricted) BW - Bridleway DMMO - Definitive Map Modification Order (a claim for footpath or byway etc)
FP - Footpath
MPV - Mechanically Propelled Vehicle - car,4x4,motorbike,quad NERC - Natural Environment and Rural Communities Act 2006 RB - Restricted Byway, rights assured only up to non-mechanised vehicles RTA88 - Road Traffic Act 1988, regulating use of roads RUPP - Road Used as a Public Path, actual rights uncertain
Ross Kennedy
-- GLASS RoW officer
http://www.glass-uk.org
Stefan
