Use of mechanically propelled vehicles on rights of way

Greg Masters

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Not read the details yet, but you can find the results of the Defra Consultation here

:eek:

Greg
 
Trailriding.........is the end nigh???Read this

The Government is to crack down on motor bikes, quad bikes and 4x4s using footpaths, it was announced today.

Rural Affairs Minister Alun Michael confirmed today that inappropriate use of public rights of way by mechanically propelled vehicles will be curtailed via legislation.

The Minister's confirmation follows a Defra consultation on proposals to address widespread concern about the use of ancient, tracks by motorbikes, quad bikes and 4x4s. 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.

Mr 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.”

He went on: “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 department’s 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.”
 
I'm currently looking for a XR400 for green laning, should I keep looking and buy one or give in, surley they wont stop it altogether will they!!
 
andy_mullin said:
I'm currently looking for a XR400 for green laning, should I keep looking and buy one or give in, surley they wont stop it altogether will they!!

There's a difference between making it illegal and stopping it.

;)
 
It's my understanding that existing byways are not affected.

What we are really seeing is a clarification of the regulations and greater legislation to prevent illegal and improper use.


The TRF (Trail Riders Fellowship) welcomes the announcement by Alun Michael, Rural Affairs Minister, that inappropriate use of the public rights of way network by mechanically propelled vehicles will be curtailed by legislation, and looks forward to working constructively with the Minister in determining what is inappropriate.

The TRF has a long established policy of supporting lawful and responsible use of green lanes by trail motorcyclists. The Minister’s conclusions reinforce the TRF’s willingness to be a major partner in delivering an improved rights of way network for all. The government’s Framework for Action acknowledges that mechanically propelled vehicles should continue to have a place using and enjoying the rights of way network.

The TRF believes that the detailed analysis of responses to the consultation that commenced over a year ago is a fair one which recreational motor vehicle users can go forward with. The notice that the Minister serves on users that the link between historic horse and cart use will be broken is noted as a clear indication that 21st century activity should not have to rely on 18th and 19th century resources alone. The TRF expects that the true historical status of all old roads will be confirmed fairly and without bias.

The TRF supports Alun Michael’s comment when launching the framework report that "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”.

Geoff Wilson, Chairman of the TRF, said in response “Trail riders and drivers for too long have had to rely on arcane law and precedent to sustain their activity. Now they can look forward to having a 21st century resource available to them that is there by design, and yet which reflects the legacy of old roads that history has left us with that are not just footpaths and bridleways.”

The TRF also welcomes the onus that Alun Michael has placed on better management, better use of existing legislation and cultural changes amongst some user groups to help deliver his framework for action.

Referring to the analysis of responses and representations made to the Minister Geoff Wilson acknowledges that “interest groups from all side of the debate have clearly had their say in large measure.”

The TRF hopes that the organisations that sought draconian measures against trail riding and driving will now respond in a positive way to the Minister’s invitation to work constructively with Government to refine, improve and better deliver his proposals.

The TRF is concerned that the increased flexibility that the Minister intends to grant to highway authorities in the application of Traffic Regulation Orders (TRO) will be used objectively and without prejudice. Where traffic regulation has been shown to be necessary, trail motorcyclists have been keen to support it and promote it, but inappropriate application by county councils only engenders mistrust and resentment.

~ Ends ~


Notes for Editors:
Alun Michael, Minister for Rural Affairs said: "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.”

Quote:
“There is a place for mechanically propelled vehicles in the countryside.”

Quote:
“Many byways are used by motor vehicles, apparently for recreation, without any detriment to the character of the way or the enjoyment and safety of other users.”

Quote:
“Byways open to all traffic are an important resource for people with disabilities.”

Quote:
“Where recreation is concerned, motor vehicles do not have to be confined to existing public rights of way. A co-coordinated approach is needed to ensure that opportunities for sustainable routes to accommodate vehicular use and managed provision of sites for off road recreation are properly considered, where appropriate.”
(This strongly supports the call by GLASS (Green Lane Association) for better provision of off-road sites to remove the macho element of a very few users of byways)

Speaking on Radio 4’s Farming Today 24/1/05 Alun Michael said; “Clarification of which routes could be used for trail bikes, quad bikes and off road 4x4 vehicles would be to the benefit of all concerned with the issue.”

The consultation confirmed that ONLY 1.85% of RoW (Right of Way) have PUBLIC vehicle rights. Onto that minute proportion is crammed ALL 4x4s ALL trail riders, as well as cyclists, equestrians, walkers, sporting interests, forestry access, residential access, and land access.

DEFRA evidence showed:-
Over 60% of traffic on BOAT’s (Byway Open to All Traffic) is residential access, land management, hunting, shooting and fishing. That the average vehicle passage per day is 5; thus the average BOAT usage by recreational vehicles is 2 per day.
Most antipathy is reserved for recreational users rather than land access vehicles. This is not surprising following the expensive high profile campaigns waged by the likes of Janet Street Porter, some national papers, the RA and the CLBA.





There is evidence of use by the mobility limited.

10% of the BOATs were obstructed.

8% were closed by TRO, 4% permanently.

7% of BOAT’s were tarred or concreted - effectively destroying the nature of it as a BOAT.

Only 20% of BOAT’s are well drained.

On most byways traffic is very light.

TRO’s work best on a case by case implementation -blanket bans do not work.

TRO’s are ineffective against 62% of users, some of which are the heavier vehicles i.e. land access and residential access.

There is no evidence of widespread damage to byways.

There is evidence of benefit of use by recreational motor vehicles.


An example of the highly orchestrated campaign by the CLBA, (which had such remarkably little effect on the Minister) were the figures of letters direct to the Minister about his Proposals.

FOR AGAINST

Car users 2 157

Landowners 12 5

CLBA's 'Postcard' 4233 0

Others 534 893
 


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