Right heres goes!!
Its not been tried in law as yet, but if its on the LOS and on the DM as something as something else it had NOT lost it right to be driven. As I and others understand it NERCa can not change a UCR (its a very long story and others and me are still working on it). This is why the GAP is still open, like others I know. I know of quite a few ROADS (ie RBs) that are listed on the DM but are also on the LOS and are still open to be driven/ridden. Some of this info came from a ROW office.
This why I tell people to get a copy of the LOS in the area that they live, as theres lots out there that are NOT on the DM.
Also you can STILL use pre 1930 evidence to get a ROW upgraded to allow motor vehicle use. But can not use horse and cart as use. This will only work for NEW (new found) roads.
I still drive where I belive I have a right to drive, untill someone tells me otherwise.
Paul