New provisions regarding the use of rights of way by motorised vehicles came into effect on 2nd May 2006. These provisions in the Natural Environment and Rural Communities Act 2006 will significantly curtail the scope for adding further public rights of way for motor vehicles, known as “byways open to all traffic” (BOATs), to the definitive map and statement (the local highway authorities’ legal record of public rights of way).

The new provisions will extinguish – subject to certain exceptions – all unrecorded public rights of way for motor vehicles, so that they cannot then be claimed as BOATs under the fundamental legal principle ‘once a highway, always a highway’. The Act also prevents use by motor vehicles giving rise to any kind of public right of way.

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 can be used by pedestrians, horse-riders, cyclists, and those who wish to use them with a horse and cart or carriage.

However, it is now an offence under the Road Traffic Act 1988 to drive a motorised vehicle on a restricted byway except in certain circumstances (for example where someone relies on a public right of way for motor vehicles to access their land or property).

The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006, SI No.1172 can be accessed from: http://www.opsi.gov.uk/si/si2006/20061172.htm

Source: www.defra.gov.uk (accessed 03/05/06)

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