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

[willow]

Originally Posted by andrewk

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

Cheers
Andrew

No I cant find it now I will look again when I have more time. It said something like
Restiction on motor driven or pulled by horse. Anyway the Pedders way is an
old Roman road. I am not breaking any law Thanks for the help. Interesting reading

[Terranosaurus]

Originally Posted by willow

Anyway the Pedders way is an
old Roman road. I am not breaking any law

Being an old roman road does not get you out of NERC act - if it wasn't recorded as a BOAT or higher on the definitive map before the cut off date it losts its rights regardless - I'd need to do some digging re horse drawn stuff bu I thought they were affected of the top of my head.

[andrewk]

Originally Posted by Terranosaurus

horse drawn stuff bu I thought they were affected of the top of my head.

Restricted Byways have rights for horse drawn vehicles, by definition. The CROW Act 2000 created a new right for non-mechanically propelled vehicles on former RUPPs where no right for vehicles previously existed.

Cheers
Andrew

[willow]

Originally Posted by andrewk

Restricted Byways have rights for horse drawn vehicles, by definition. The CROW Act 2000 created a new right for non-mechanically propelled vehicles on former RUPPs where no right for vehicles previously existed.

Cheers
Andrew

Thanks Andrew
All I know is the local horse drawn driving club run a driving rally twice a year on the pedders way covering most of if not all of it. There are 4x4s involved
for the transport of the horses and recovery of broken traps etc. at my end of the pedders way is Lord Melchetts land and he allows camping and horse box parking on some of his land.
Would be interesting to find out if you can take a 4x4 down it?
Thanks for your time

[andrewk]

Originally Posted by willow

Would be interesting to find out if you can take a 4x4 down it?

This copy of a letter to LARA was posted on the GLASS web forum just over 12 months ago. It seems to indicate that "much of" Peddars Way can be driven in a 4x4.

Dear LARA,

I wonder if you can help me get a message to off-road 4 x 4 users?

Much of the Peddars Way can be legally driven. For some time now we have been getting reports of large convoys of off roaders using the route. By and large the Peddars Way is free draining and has coped very well with vehicle use over the past twenty one years since the National Trail was opened, but inevitably wheel ruts have developed which make for an unpleasant walking, riding or cycling experience. I have contacted the TRF seeking help for a specific motorcycle issue.

One section of the route that has suffered greatly is at Anmer in north west Norfolk. We are currently asking 4 x4s to avoid this section whilst we attempt to repair it. Further information is available at http://www.nationaltrail.co.uk/Pedda....asp?PageId=61.

I am particularly keen to encourage people not to drive in organised groups of more than 4 as per the All Wheel Drive Code of Respect.

Anything that you can do to help this situation would be appreciated.

I look forward to hearing from you.

Tim

Tim Lidstone-Scott MCMA
National Trail Manager
The Old Courthouse
Baron's Close
Fakenham
Norfolk
NR21 8BE
Tel: 01328 850530
Mobile: 07767 330373

Email:tim.lidstone-scott@norfolk.gov.uk
www.nationaltrail.co.uk/peddarsway

You should be able to get the current position either from the National Trail manager or from the local GLASS rep ( norfolk.rep@glass-uk.org , I think).

Cheers
Andrew

[willow]

Originally Posted by andrewk

This copy of a letter to LARA was posted on the GLASS web forum just over 12 months ago. It seems to indicate that "much of" Peddars Way can be driven in a 4x4.

Dear LARA,

I wonder if you can help me get a message to off-road 4 x 4 users?

Much of the Peddars Way can be legally driven. For some time now we have been getting reports of large convoys of off roaders using the route. By and large the Peddars Way is free draining and has coped very well with vehicle use over the past twenty one years since the National Trail was opened, but inevitably wheel ruts have developed which make for an unpleasant walking, riding or cycling experience. I have contacted the TRF seeking help for a specific motorcycle issue.

One section of the route that has suffered greatly is at Anmer in north west Norfolk. We are currently asking 4 x4s to avoid this section whilst we attempt to repair it. Further information is available at http://www.nationaltrail.co.uk/Pedda....asp?PageId=61.

I am particularly keen to encourage people not to drive in organised groups of more than 4 as per the All Wheel Drive Code of Respect.

Anything that you can do to help this situation would be appreciated.

I look forward to hearing from you.

Tim

Tim Lidstone-Scott MCMA
National Trail Manager
The Old Courthouse
Baron's Close
Fakenham
Norfolk
NR21 8BE
Tel: 01328 850530
Mobile: 07767 330373

Email:tim.lidstone-scott@norfolk.gov.uk
www.nationaltrail.co.uk/peddarsway

You should be able to get the current position either from the National Trail manager or from the local GLASS rep ( norfolk.rep@glass-uk.org , I think).

Cheers
Andrew

Thank you Andrew I will get intouch with the national trail manager
he isnt far from me. I never get as far as Amner with the pony but this end of the pedders way seems ok a bit rutty from the farm use but not unpassable.
Cheers

[willow]

Well I have been onto the National Trail web site and the maps of pedders way and there are whole sections that you can not drive and they are clearly shown in red.
the first part near me is not open to 4x4s. but I can take the pony there. This would explain why I have never seen 4x4s on it.
Thanks for all your help

[zippy656]

oh well, next time run the walkers over!!

save the turkeys lol

[willow]

I very nearly did Zippy
they just laught as I shot across the field trying to get the pony back under control nearly turned the trap over.
It made a mess of the field I went and owned up to the farmer he is a good bloke and understood so a turkey or 2 is no problem. The walkers just went on thier way totally unaware of what they had done
I would like to know what they were doing in the hedge