Jump to content

Restricted Byways


Recommended Posts

Seems Wiltshire Council have been busy

Driving home from work today and two byways on the A360 out of Salisbury towards A303 have now got " Restricted Byway " signs which were not there last week

I dont know what these mean,but assume i cant drive them anymore :( (restricted to bobblehats?)

I also read today that Paul de Borde (GLASS rep) recons we have about 5 years greenlaning left, and some people arnt helping with the "were going to get banned anyway,so what the hell" attitude.

This may speed the process up even further!

Happy Mondays...

Link to comment
Share on other sites

Seems Wiltshire Council have been busy

Driving home from work today and two byways on the A360 out of Salisbury towards A303 have now got " Restricted Byway " signs which were not there last week

I dont know what these mean,but assume i cant drive them anymore :( (restricted to bobblehats?)

Thats about it, you can not drive them unless you have a legal right to IE have a house at the end of/on it. Or the land owners permission.

I also read today that Paul de Borde (GLASS rep) recons we have about 5 years greenlaning left, and some people arnt helping with the "were going to get banned anyway,so what the hell" attitude.

This may speed the process up even further!

Happy Mondays...

Not at all, "we" have till 2026 (I think) to get all the lanes on the DM. After that they will be lost. But have you had a look at the list of streets for you area? You will be suprsied to find lots of "new" lanes that you can drive. I know of quite a few RB (former RUPPS) that are still driven ;). I for one will still driving Green Lanes in 20-30 years time.

Paul

Link to comment
Share on other sites

Not at all, "we" have till 2026 (I think) to get all the lanes on the DM. After that they will be lost. But have you had a look at the list of streets for you area? You will be suprsied to find lots of "new" lanes that you can drive. I know of quite a few RB (former RUPPS) that are still driven ;). I for one will still driving Green Lanes in 20-30 years time.

Paul

I was under the impression that 2026 is now completely irrelevant as the NERC act has halted the general reclassification procedure. All routes have effectively been classified overnight to their 'current' DMS (Definitive Map and Statement) or LoS (List of Streets) status, any RUPPs becoming Restricted Byways (RB). The only RoW in flux are those reclassifications actually being worked on at the enactment date (not those that are on file but have yet to be started). Generally therefore any route shown on the DMS and not a BOAT is at best a RB and illegal to drive.

As I posted some time ago, an oddity is when a route appears on the DMS as a bridleway (or under) but is on the Council's LoS as a UCR - the route has still technically been lost to motor vehicle use unless one of a few exemptions can be proved. The main relevant exemptions can roughly be seen as:

1) created specifically for mpv (mechanically propelled vehicle)

2) main use being by mpv

3) extensive use by mpvs for the previous five years

I am currently in discussion with DEFRA as to whether any exemption has to be proved before mpv rights are granted or has to be disproved before mpv rights are lost ... Fundamentally the former means we must not drive until allowed to do so, the latter means we drive until we are told we can't. NERC has created a massive can of worms, especially if the former is the case and part of a major highway also happens to have historic footpath rights ...

For further details try

http://www.defra.gov.uk/wildlife-countryside/cl/nerc06.htm and/or http://www.defra.gov.uk/wildlife-countrysi...l/nercflow2.pdf

AndyG

Link to comment
Share on other sites

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

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We use cookies to ensure you get the best experience. By using our website you agree to our Cookie Policy