RUPPs

[willow]

Hello to all you old/young timers in off roading
Can you tell me about the new (2nd May 2006):" roads used as public paths" act
that exclude horse drawn vehicles and 4x4s
I use the peders way all the time on horse and driving horses seems I am breaking the law or have I read this wrong
Help

[andrewk]

Originally Posted by willow

Hello to all you old/young timers in off roading
Can you tell me about the new (2nd May 2006):" roads used as public paths" act
that exclude horse drawn vehicles and 4x4s
I use the peders way all the time on horse and driving horses seems I am breaking the law or have I read this wrong
Help

You can read about the NERC Act here: http://www.defra.gov.uk/rural/rurald...ll/default.htm

All RUPPs have been recategorised as Restricted Byway (RB). RBs have rights of passage only for walkers, cyclists, horse riders and vehicles that are *not* mechanically propelled - i.e. horse drawn. Any RUPPS that did have public rights of way for motor vehicles (most of them) will have had those rights extinguished unless one of a small number of exemptions apply. You can read about that in section 67 of this document: http://www.opsi.gov.uk/acts/acts2006...0060016_en.pdf. If you want to drive an ex-RUPP in a motor vehicle, then you need definite proof both that the RUPP did have public rights for motor vehicles and also that these rights were preserved because one of the exemptions defined in the act applies.


Have fun
Andrew

[willow]

Originally Posted by andrewk

You can read about the NERC Act here: http://www.defra.gov.uk/rural/rurald...ll/default.htm

All RUPPs have been recategorised as Restricted Byway (RB). RBs have rights of passage only for walkers, cyclists, horse riders and vehicles that are *not* mechanically propelled - i.e. horse drawn. Any RUPPS that did have public rights of way for motor vehicles (most of them) will have had those rights extinguished unless one of a small number of exemptions apply. You can read about that in section 67 of this document: http://www.opsi.gov.uk/acts/acts2006...0060016_en.pdf. If you want to drive an ex-RUPP in a motor vehicle, then you need definite proof both that the RUPP did have public rights for motor vehicles and also that these rights were preserved because one of the exemptions defined in the act applies.


Have fun
Andrew

Ok... some reading to do then ...again I have driven this part of pedders way with pony and trap for a good few years... If I haddend joined this club I would have gone on blissfully unaware However it is aan old roman road so .... we will see
Thank you andrewk

[andrewk]

Originally Posted by willow

Ok... some reading to do then ...again I have driven this part of pedders way with pony and trap for a good few years

The rights available on a Restricted Byway are defined in s48 of the Countryside and Rights of Way Act 2000. Some more reading here ...... http://www.opsi.gov.uk/acts/acts2000...#pt2-pb1-l1g48

.... or to save you a bit of reading ..........

"“restricted byway rights” means—
(a)a right of way on foot,
(b)a right of way on horseback or leading a horse, and
(c)a right of way for vehicles other than mechanically propelled vehicles; and
“restricted byway” means a highway over which the public have restricted byway rights, with or without a right to drive animals of any description along the highway, but no other rights of way.
"

In case its not obvious "mechanically propelled" means propelled by an engine - so bicycles, tricycles, monocycles and anything pulled by a horse is fine on a Restricted Byway.

Cheers
Andrew

[willow]

Originally Posted by andrewk

The rights available on a Restricted Byway are defined in s48 of the Countryside and Rights of Way Act 2000. Some more reading here ...... http://www.opsi.gov.uk/acts/acts2000...#pt2-pb1-l1g48

.... or to save you a bit of reading ..........

"“restricted byway rights” means—
(a)a right of way on foot,
(b)a right of way on horseback or leading a horse, and
(c)a right of way for vehicles other than mechanically propelled vehicles; and
“restricted byway” means a highway over which the public have restricted byway rights, with or without a right to drive animals of any description along the highway, but no other rights of way.
"

In case its not obvious "mechanically propelled" means propelled by an engine - so bicycles, tricycles, monocycles and anything pulled by a horse is fine on a Restricted Byway.

Cheers
Andrew

...Ok so what about the drawn by horse bit section 26......
never mind I will be driving the same way tomorrow
....
Ok ...I have to give local farmer 2 of my turkeys .....in payment .for the walkers ...poping out of the hedge... scarring my pony... and damaging his crops
But I still get to use the pedders way
If I had been in a 4x4 I could have killed them.

Beware of walkers

[andrewk]

Originally Posted by willow

Ok so what about the drawn by horse bit section 26

I cannot see a "drawn by horse" bit in S26 of either act. Which act do you mean & which section?

Cheers
Andrew