Black Tuesday

[dottythe90]

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.

[minivin]

pish, that's killed a few tracks around me then

[dottythe90]

pish, that's killed a few tracks around me then

Wilts, Berks, & South Oxon are not as badly affected as some areas - at least there's still plenty of BOATs here. Other counties have had virtually all the drivable lanes wiped out.

[minivin]

Aiy, only problem is the likes of the RUPP's that go from one main road, over the hill to another main road like a couple I know going from the A36 to the Devizes road near Wilton, no reason what so ever for anyone to walk them as you go from death valley (as it's known in South Newton) up on top of the hill to a main road, you'd then have to walk half a mile to a minor road down into the next valley by the main road. Such routes I suspect will just disappear

[dottythe90]

Aiy, only problem is the likes of the RUPP's that go from one main road, over the hill to another main road like a couple I know going from the A36 to the Devizes road near Wilton, no reason what so ever for anyone to walk them as you go from death valley (as it's known in South Newton) up on top of the hill to a main road, you'd then have to walk half a mile to a minor road down into the next valley by the main road. Such routes I suspect will just disappear

Your right - many RUPPs will simply become overgrown and/or blend back into the landscape

[darthdicky]

Looks like most of the ones I know on Exmoor are off limits now then, or have many of them been reclassified so they're still drivable?

Richard

[honitonhobbit]

Darth

Most for the upgrade requests went in post Jan 05 so say goodbyes to Bury Lane/Dyehouse Corner, OxDrove, Louisa Gate, Battleton Brake and many many others.

[Buzz]

Sad day . Unfortunatley we knew it was coming, but that still doesn't detract from the fact that this is discrimination against vehicle users of public rights of way. Their the government, which means they can do what they want, even if that means ignoring the findings of the independent assesment that they commissioned.

This independent report found that recreational use of public rights of way, by mechanically propelled vehicles, wasn't causing noticable damage to the rights of way network, but hey why let that get in the way of their quest to satisfiy the ramblers. So they've ignored the report and focused on anything that will help them ban vehicles from RUPP's, same thing this labour government with most things really, ignore the people that the legislation will affect and press on reguardless because obviously they know best. Idiots.

So now we are banned from all RUPP's, Banned from any applications for BOAT's and back dated to Jan 2005! and are probably the only group of people in the country that are presumed guilty of an offence until we prove our innocence when challenged on a BOAT.

This country's a JOKE! Ramblers are Satan's children.

Buzz.

[Guest diesel_jim]

simple answer.....

cheap trail bike, remove numberplates (or cover them)

ride anywhere and everywhere. footpaths,bridleways, byways,RUPPS,BOATS,UCR's. the whole lot! B)

[02GF74]

I wonder what the motivation behind this was? Did the RA get the ball rolli9ng and being a bigger group, have more clout i.e. reaqd more potential votes?

Anyways, forgive my ignorance but how are the tracks that are out of bounds marked on map (white roads?)

also since I don't plan to update my maps (too many), how would I or anyone else know which tracks are not accessble, and if caught (by whom?) how can it be proved that I did not know of the change- the only place it has been mentioned is on the froums - I have not received any letters from anyone? Are there going to be signs put up etc:?

[dottythe90]

I wonder what the motivation behind this was? Did the RA get the ball rolli9ng and being a bigger group, have more clout i.e. reaqd more potential votes?

Anyways, forgive my ignorance but how are the tracks that are out of bounds marked on map (white roads?)

also since I don't plan to update my maps (too many), how would I or anyone else know which tracks are not accessble, and if caught (by whom?) how can it be proved that I did not know of the change- the only place it has been mentioned is on the froums - I have not received any letters from anyone? Are there going to be signs put up etc:?

RUPPs were marked with a red dash, dot on OS maps. The Restricted Byway symbol will be the same. Identifying dual status routes that are now RB's is more difficult as they may be marked as ORPA's (white road with red dots on it. The only way to definately tell is to consult the local definitive map (either online if you're lucky, or a trip to the County Council offices if you're not.

Councils will ultimately change all the signage from RUPP to RB, but it will take years. As to proving ignorance of the changes, I'm afraid its irrelevent. Ignorance is no defence under the law.

[tombraider110]

half the byways on the isle of wight have the wrong signs on anyway. 1 end is byway and the other is a bridelway so what do we do . we think it is all a big plan to kick all of us off every thing in the long run?

[bobzilla7]

half the byways on the isle of wight have the wrong signs on anyway. 1 end is byway and the other is a bridelway so what do we do . we think it is all a big plan to kick all of us off every thing in the long run?

Yes, I suspect they will try to ban us from byways and URCs in the not too distant future as they just don't want us out there.

[Exmoor Beast]

Exmoor will be interesting to watch. Nearly all the RUPPs are used by Hunt followers several days a week and I can't see them thinking twice about still driving them.

In fact I met a vitara and a Discovery piloted by tweady types a good half a mile from the nearest right of way out over Ilkerton Ridge last week. They were gone before I got close enough for a chat.

Will

[bobzilla7]

Exmoor will be interesting to watch. Nearly all the RUPPs are used by Hunt followers several days a week and I can't see them thinking twice about still driving them.

In fact I met a vitara and a Discovery piloted by tweady types a good half a mile from the nearest right of way out over Ilkerton Ridge last week. They were gone before I got close enough for a chat.

Will

Hmmm, that is interesting.

[GBMUD]

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 ?

I have had a few emails with my local ROW department (Wiltshire) over the last few weeks. This afternoon they told me this:

The legislation regarding the blanket reclassification of remaining RUPP’s as ‘restricted byways’ is under Section 47 of the CROW Act 2000, which has not yet come into force. RUPP’s do therefore still remain and this is why there is confusion about how the NERC Act will affect byway applications on RUPP’s. NERC only refers to routes which are presently footpaths, bridleways and restricted byways. It makes no mention of RUPP’s, perhaps anticipating that Section 47 of the CROW Act would be in place by the time NERC was implemented on 02/05/06, but that Section of CROW has not yet been implemented.

With regards to driving on RUPP’s, the only conclusive rights that we can say exist on RUPP’s are bridleway rights, with or without additional vehicular rights, depending upon the evidence. A person driving on a RUPP can use historical evidence as a defence, if they have a full knowledge of the evidence and can demonstrate that they believed they were using the right of way in this manner “as of right”, based upon their knowledge of the evidence.

So it looks like we can still drive RUPPs until section 47 of CROW comes into force. I plan to get out and make the best of it this week!

Chris

[dottythe90]

The legislation regarding the blanket reclassification of remaining RUPP’s as ‘restricted byways’ is under Section 47 of the CROW Act 2000, which has not yet come into force.

Thats strange - see the quote below which is from DEFRA's own press release of 01/05/06 - it appars to say that the Restricted Byway legislation from CROW came into force as of 02/05/06

A new category of right of way – “restricted byway” – to make these provisions work on the ground is used within the Act. It enables ways where vehicular rights have been acquired by non-motorised vehicles, such as horse-drawn vehicles, to be recorded as restricted byways rather than BOATs, ensuring that the future use of these ways will be consistent with their history.

Restricted byways were first introduced by the Countryside and Rights of Way Act 2000. The relevant provisions of that Act and changes to other highways legislation are also taking effect on Tuesday (2 May) in order to dovetail with the commencement of parts of the Natural Environment and Rural Communities Act 2006. Restricted byways can be used by pedestrians, horse-riders, cyclists, and those who wish to use them with a horse and cart or carriage.

However, when these provisions come into force it will be an offence under the Road Traffic Act 1988 to drive a motorised vehicle on a restricted byway except in certain circumstances.

I hope Wilts CC are correct, but they appear to contradict DEFRA

STEVE

[Guest diesel_jim]

You could do what i do whenever i recieve a letter confirming legality of RoW's (especially all the ones i got from the very useful Denise @ WCC)...

I keep a folder with my maps, and in that folder are copies of all the letters i've recieved. When i've been stopped, i pull the relavent letter and stuff it in the face of the moaning person.

works a treat with the plod, expecially in Wiltshire!!!

[GBMUD]

Thats strange - see the quote below which is from DEFRA's own press release of 01/05/06 - it appars to say that the Restricted Byway legislation from CROW came into force as of 02/05/06

I hope Wilts CC are correct, but they appear to contradict DEFRA

STEVE

I guess it hinges on this sentence:

It makes no mention of RUPP’s, perhaps anticipating that Section 47 of the CROW Act would be in place by the time NERC was implemented on 02/05/06, but that Section of CROW has not yet been implemented.

I am sure someone will tell us when section 47 is implimented.

Chris

[Bull Bar Cowboy]

Chris,

This info from wilts CC is mighty interesting, and thank you for posting it.

Just so that folk understand what section 47 of the CROW act is …………

Section 47 of the CRoW Act, which repeals section 54 of the Wildlife and Countryside Act 1981 (“the 1981 Act”), thereby relieving surveying authorities of the duty under that section to reclassify “roads used as public paths”. The commencement of section 47 effectively renders redundant the term “road used as a public path” (RUPP), by stipulating that that term is no longer to be used in definitive maps and statements to describe any way, and is instead to be replaced by the term “restricted byway” (i.e. a highway over which there will be a public right of way on foot, on horseback or leading a horse, and for non-mechanically propelled vehicles (including certain electrically assisted pedal cycles and invalid carriages)).

And here is the definitive text from the act ( although I need to look through Hansard for amendments ….. just in case),

PART II

PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC

Public rights of way and definitive maps and statements

Redesignation of roads used as public paths.

47. - (1) In the Wildlife and Countryside Act 1981 (in this Act referred to as "the 1981 Act"), section 54 (duty to reclassify roads used as public paths) shall cease to have effect.

(2) Every way which, immediately before the commencement of this section, is shown in any definitive map and statement as a road used as a public path shall be treated instead as shown as a restricted byway; and the expression "road used as a public path" shall not be used in any definitive map and statement to describe any way.

Like Jim, I keep printed copies of relevant acts in the truck ……… good reference material for some high and mighty know nothing plod ……… although to be very fair we don’t get too many of those around here.

Ian

[Exmoor Beast]

This may be of interest:

Somerset RoW improvement

Will

[dottythe90]

Chris,

This info from wilts CC is mighty interesting, and thank you for posting it.

Just so that folk understand what section 47 of the CROW act is …………

Section 47 of the CRoW Act, which repeals section 54 of the Wildlife and Countryside Act 1981 (“the 1981 Act”), thereby relieving surveying authorities of the duty under that section to reclassify “roads used as public paths”. The commencement of section 47 effectively renders redundant the term “road used as a public path” (RUPP), by stipulating that that term is no longer to be used in definitive maps and statements to describe any way, and is instead to be replaced by the term “restricted byway” (i.e. a highway over which there will be a public right of way on foot, on horseback or leading a horse, and for non-mechanically propelled vehicles (including certain electrically assisted pedal cycles and invalid carriages)).

And here is the definitive text from the act ( although I need to look through Hansard for amendments ….. just in case),

PART II

PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC

Public rights of way and definitive maps and statements

Redesignation of roads used as public paths.

47. - (1) In the Wildlife and Countryside Act 1981 (in this Act referred to as "the 1981 Act"), section 54 (duty to reclassify roads used as public paths) shall cease to have effect.

(2) Every way which, immediately before the commencement of this section, is shown in any definitive map and statement as a road used as a public path shall be treated instead as shown as a restricted byway; and the expression "road used as a public path" shall not be used in any definitive map and statement to describe any way.

Isn't section 47 of CROW what the press release from DEFRA on 01/05/06 referred to ? - the commencement of Resticted Byways as of 02/05/06

STEVE

[GBMUD]

Isn't section 47 of CROW what the press release from DEFRA on 01/05/06 referred to ? - the commencement of Resticted Byways as of 02/05/06

STEVE

No, that was NERC which, as WCC ROW said, does not mention RUPPs, only footpaths, bridleways and restricted byways (as created by CROW in 2000). At least, that is my interpretation of it.

Chris

[dottythe90]

Restricted byways were first introduced by the Countryside and Rights of Way Act 2000. The relevant provisions of that Act and changes to other highways legislation are also taking effect on Tuesday (2 May) in order to dovetail with the commencement of parts of the Natural Environment and Rural Communities Act 2006. Restricted byways can be used by pedestrians, horse-riders, cyclists, and those who wish to use them with a horse and cart or carriage.

The press release refers to provisions of the CROW Act 2000 taking effect on 02/05/06 to dovetail in with NERC.

[GBMUD]

The press release refers to provisions of the CROW Act 2000 taking effect on 02/05/06 to dovetail in with NERC.

Perhaps I have been mis-informed then.

Chris