Terranosaurus
Well-known member
- Joined
- Aug 16, 2006
- Messages
- 3,991
Don't think NERC act applies your side of the border. Will try and check.
EDIT
Just had a look at the GLASS site - not sure if you need to be a member to read THIS
The pertinent bit is
Act has now gone through in wales though I believe.
Regardless you're still probably on dodgy ground driving bridleways unless you know for absolute sure that its legal.
EDIT
Just had a look at the GLASS site - not sure if you need to be a member to read THIS
The pertinent bit is
Simplified Summary - Effect in England
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 Road Traffic Act 1988 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
The Welsh Assembly has passed the Statutory Instrument converting all RUPPs to RBs.
The WA yet to pass the NERCA extinguishing Instruments giving all the effects as per England.
No firm date known, perhaps November.
It remains an offence under RTA88 to drive on footpaths/bridleways and the new RBs, this can be defended with good evidence of Vehicle rights.
Effect in Scotland, Ireland, Man, etc
None.
Act has now gone through in wales though I believe.
Regardless you're still probably on dodgy ground driving bridleways unless you know for absolute sure that its legal.