Public Rights of Way Information

Trail riding and the law

The following information is a very basic introduction to Trail Riding and the law and should be considered as guidance only. Ultimately it is your responsibility to ensure that you ride legally but we hope that the information provided here will help you to do that.

If you are already a TRF member then you can find a more detailed examination of the topics covered here in the member’s area. Alternatively, you could contact your group Rights of Way Officer.

So, what is trail riding?

Trail riding is an informal recreational activity that involves exploring un-surfaced public roads on road legal motorcycles. It is non competitive and shouldn’t be confused with motor sports such as Trials, Enduro or Motocross. Vehicular access to the countryside is strictly controlled and anyone wishing to ride trails would be well advised to familiarise themselves with basic highway law before venturing off tarmac.

Off- Road or on the Trail?

Even straying a few metres from an otherwise legal route could get you into serious trouble!

What about Rights of Way?

So where can you legally ride?

The simple answer is on public carriageways. Of course we are all familiar with the tarmac road network but many people are unaware that there is also a small but significant number of un-surfaced public carriageways in this country. It is these un-surfaced carriageways, often referred to as Green Lanes, which trail riders seek out and use.

So how do you find legal green lanes?

Green Lane is a descriptive term and has no legal meaning. There are many un-surfaced tracks and trails in rural areas that could be described as Green Lanes but these may not be legal for public use. Understanding how public vehicular highways are recorded is the key to identifying routes on the ground and staying within the law.
The two common types of un-surfaced Green Lane which do carry public vehicular rights are unsealed unclassified roads and Byways Open to All traffic.A Byway Open to All Traffic (often referred to as a BOAT) is a minor public road which carries rights for vehicular users and all other types of traffic. BOAT's are recorded in a document known as the Definitive Map & Statement. This is the official record of rights of way held by the highway authority (usually the County Council). It will also show footpaths, bridleways and restricted byways. BOATs are recorded alongside non vehicular highways because the law assumes that they are mainly used by walkers or horse riders.

In practice, the public have the same right to use motor vehicles over a way recorded as a BOAT as you are assumed to have on any tarmac road.

An unclassified road is simply a public road which does not have an A, B or C road classification. The majority of unclassified roads are normal tarmac motor roads but there are also a small number which are un-surfaced Green Lanes. These are often referred to as UCR (unclassified county road - an obsolete term) or UUCR (unsealed, unclassified county road).

All unclassified roads (tarmac or otherwise) are recorded on a document known as the List of Streets. This is the official record of all highways that are maintained at public expense and every highway authority should have one.

This is because all pubic rights of way are technically highways so in theory the List of Streets could include footpaths and bridleways. In practice though this is rarely the case but it has led some authorities to question the exact status of their unclassified roads.

It is possible for a route to appear on both the List of Streets and the Definitive Map (so called Dual Status routes). Where this occurs there is a presumption that any motoring rights which may have existed in the past would have been extinguished by recent legislative changes. However, where an unclassified road appears on the List of Street but not on the Definitive Map, it is reasonable to assume that it is a vehicular highway.
There is no offence of using a motor vehicle on an Unclassified Road and the presence or absence of a tarmac is no indication of status.

The Definitive Map, List of Streets and the Ordnance Survey

Both the Definitive Map and the List of Streets are public documents. They may be inspected free of charge at the highway authority offices and should be available on request at any reasonable time. Many authorities now publish their Definitive Map on line so it may be worth checking the relevant county council web site.

Of course there is no substitute for inspecting the original documents but other options do exist. For many years the Ordnance Survey have included public rights of way information on their popular Land Ranger and Explorer series of maps. This includes routes recorded as Byways Open to All Traffic.

Until recently, identifying Unsealed Unclassified Roads was harder but the latest Ordnance Survey maps are know beginning to show them under the heading of “Other Routes with Public Access” or ORPA.

This makes Ordnance Survey mapping an invaluable asset for Trail Riders but caution must be exercised. The status of public highways can change leaving maps out of date. Also, while the depiction of a route as an ORPA clearly implies some form of “public access” it will not in every case indicate vehicular status. Despite obtaining their information direct from highway authorities errors or omissions do occur. So, despite having an enviable reputation for accuracy, an Ordnance Survey map can only ever be considered a guide to the status of a route.

Roads Used as Public Paths (or when is a road not a road?)

Many Ordnance Survey maps and quite a few trail riders, still refer to Roads Used as Public Paths or RUPPs. This is an obsolete term. All RUPPs were reclassified as Restricted Byways by the Countryside & Rights of Way Act 2000. Restricted Byway rights include the right to use non mechanically propelled vehicles such as horse and cart but not motor vehicles.

It is possible for motoring rights to exist over a way recorded as a Restricted Byway but proving this is a challenging legal process. There is a general presumption in law that any motoring rights which existed on former RUPPs were extinguished by s67 of the Natural Environment & Rural Communities (NERC) Act 2006. Remember also, that using a motor vehicle on a Restricted Byway, without lawful authority is a specific criminal offence (see s34 RTA 1988 above).

Restrictions and Obstructions

Public highways should not normally be obstructed. In fact, the law considers anything which substantially interferes with the public’s use of a highway to be unlawful. Obstructions, natural or deliberate should always be reported to the highway authority because they have a duty to protect and assert the publics right of access. However, highway authorities also have the power to close Green Lanes for a number of reasons.

The mechanism used to do this is known as a Traffic Regulation Order or TRO. A TRO can be temporary, permanent, year round or seasonal. It can also apply to all, or just some classes of traffic.

Temporary orders are normally used for short term closure and as the title suggests they are time limited. Although they can be extended they do not usually last for more than eighteen months. A temporary TRO is still a legally enforceable closure and failure to comply is an offence. This kind of order does not require a statutory NO MOTOR VEHICLES road sign to be displayed but the regulations do require that the authority erect notices and adequate signage to inform the public that the closure is in force.

Unlike a temporary order a permanent TRO is not time limited and this kind of closure often runs indefinitely. Permanent orders may or may not affect motorcyclists but in any event they must be accompanied by a statutory road sign depicting the classes of traffic that are restricted

Summary

The unauthorised use of private land or non vehicular rights of way is a potentially serious criminal offence and when riding on the public highway you must comply with any statutory road signs or traffic restrictions.

In brief, public vehicular access is only legal on the following,

(1) Classified, tarmac roads (uncontroversial)

(2) Unclassified roads, tarmac or otherwise, where there is no compelling evidence that they are footpaths, bridleways or restricted byways (check the Definitive Map)

(3) Byways Open to All Traffic

(4) Other routes only where a public right of way for motor vehicles can be shown to exist (to the satisfaction of a court of law)

Remember that trail riding is a legitimate recreational activity but that Green Lanes are multi user routes. You will meet other vulnerable road users (children, walkers, horse riders etc) and most will not be expecting to encounter motor vehicles. Ride accordingly because the safety of other users is paramount.

http://www.defra.gov.uk/wildlife-countryside/pdf/access/crow/bestofbyways.pdf

Regulating the use of motor vehicles on public rights of way and off road

http://www.defra.gov.uk/wildlife-countryside/pdf/access/crow/regulating-motorvehicles.pdf

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