dottythe90 Posted May 3, 2006 Share Posted May 3, 2006 From the GLASS website. Ever helpful DEFRA issued a press release on BANK HOLIDAY MONDAY giving less than 24 hours notice of the changeover of RUPPs to Restricted Byways. Anyone got any photos of laning trips on RUPP's from the last legal day - Monday 1st May ? 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). How Joe Public might know all this I have no idea, most RBs will continue to be signposted 'RUPP', 'Right of Way', 'Cart Road', or not signed at all for some time. As it is a de-facto offence to drive/ride a new RB with a motor, as it's 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 yet. 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 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. Quote Link to comment Share on other sites More sharing options...
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