Hi Paul
Your last statement is not correct. Post NERC all RUPP's are now restricted byways, even if there is an application pending. If you drive it, you are personally responsible for proving that vehicular use is allowed. Just because a RUPP has an application pending doesn't mean it's legal to drive at all. We have had this discussion locally with Suffolk, Essex and Cambridgeshire Borough Council RoW's. There are varying interpretations by RoW depts and even within, but NERC wording is clear. Just because an application has been made it does not make a RUPP pre NERC, Restricted Byway now legal to drive until application is decided. Proof of legality is up to individual irrespective of whether an application is pending or not.
Given this Glass, Lara, TRF etc should be advising all drivers/riders of this.
Cheers
Steve