PAPER B

 

 

ENVIRONMENT AND TRANSPORT- 24 FEBRUARY 2004

 

USE OF MECHANICALLY PROPELLED VEHICLES ON RIGHTS OF WAY

 

HEAD OF SELECT COMMITTEE AND BEST VALUE SUPPORT

 

 

REASON FOR SELECT COMMITTEE CONSIDERATION

 

To agree the response to the Consultation Paper produced by Defra in relation to the use of mechanically propelled vehicles on rights of way.

 

ACTION REQUIRED BY THE SELECT COMMITTEE

 

To agree on the content of this Council’s response to Defra’s Consultation Paper.

 

BACKGROUND

 

At the meeting of the Select Committee on 26 January 2004 consideration was given to a Consultation Paper from the Department for Environment, Food and Rural Affairs (Defra) on the use of mechanically propelled vehicles on rights of way. At that meeting members discussed the seven proposals contained within the Consultation Document in the light of advice from the Council’s Rights of Way Section and the AONB Officer.

 

The seven proposals put forward by Defra in the Consultation Paper related to :-

 

  1. We will develop a strategy to disseminate and better inform the police, local authorities, the courts and others about the extensive powers and penalties already available for dealing with vehicles using rights of way illegally, anti-socially, or, in sensitive areas, harmfully.

 

As a first step, we will be issuing a departmental Circular shortly covering the use of the powers in paragraphs 6.1-7.5 below (The Powers Available – Offences Under the Road Traffic Act 1988), with particular reference to encouraging the better understanding and appropriate use of traffic regulation orders.

 

  1. We invite views on the revision of the advice and guidance on managing the different sorts of traffic on vehicular rights of way in the publication ‘Making the Best of Byways (1997)’.

 

We will also publish the results of the research project on the use of byways open to all traffic, which will be used to inform the revision of ‘Making the Best of Byways’.

 

  1. We propose to introduce legislation to provide that any future use of a footpath or bridleway that would (immediately before the commencement of the relevant new legislation) have given rise to a public right of way for vehicles shall be treated as giving rise to restricted byway rights, but no other public rights of way.

 

This will prevent any future usage giving rise to claims for public rights of way for mechanically propelled vehicles.

 

  1. We propose to introduce legislation, which will make it no longer possible to establish the existence of a byway open to all traffic by reference to historic (pre-commencement) use by, or other evidence relating to, non-mechanically propelled vehicles.

 

We propose to do this by introducing a cut-off date after which (subject to certain exceptions) any unrecorded rights of way for vehicles shall be recorded as restricted byways in the definitive map and statement.

 

We propose the cut-off date should be one year from the commencement of the new legislation.

 

Exceptions

 

We consider it should be possible to show that the public have a right of way for vehicles where the right arose

(1)        by virtue of an express dedication for mechanically propelled vehicles;

(2)        by virtue of any enactment authorising use by mechanically propelled vehicles; or

(3)        by virtue of any qualifying use by mechanically propelled vehicles. This means that applications to record byways open to all traffic can continue to be made until the end of 2025 where they are supported by evidence of lawful use by mechanically propelled vehicles.

 

  1. We propose that applications for definitive map modification orders (DMMOs) to recognise vehicular rights submitted before the end of the one-year cut off date will be processed to their conclusion. Similarly orders already in progress will be processed to final determination.

 

We propose to introduce the register of applications for DMMOs prior to commencing the relevant new legislation.

 

We do not intend to review or amend the rights attached to ways already shown in the definitive map and statement as byways open to all traffic.

 

  1. We propose that an easement conferring a private right of way for vehicles for the benefit of an owner or occupier should be recognised where (before the commencement of new legislation) a public right of way has arisen, which would before the one year cut off date have been treated as a right of way for vehicles, and is now being treated as giving rise to restricted byway rights.

 

  1. We invite views on bringing forward the 2026 cut off date under section 56 of the 2000 Act and section 54A of the Wildlife and Countryside Act 1981 for the purposes of recording byways to all traffic based on evidence of mechanically propelled vehicular use.

 

Attached as appendices to this report is the draft response from the Council’s Countryside Access Manager and the AONB Officer which were requested at the last meeting.

 

RELEVANT PLANS, POLICIES, STRATEGIES AND PERFORMANCE INDICATORS

 

The Council’s Corporate Plan includes the key objectives of protecting the Island’s physical environment, improving public transport and highways infrastructure and creating safe and crime-free communities. There is also a Rights of Way Strategy for 2001-2006 which sets out how the Council intends to develop the network.

 

CONSULTATION PROCESS

 

The Local Access Forum, which involves the main interest groups and organisations connected with rights of way, considered this issue on 5 February 2004. A representative of the Forum has been invited to attend the Select Committee.

 

FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS

 

The financial implications directly arising from the Consultation Paper are not known at this stage. Members were made aware, at the last meeting, of the legal issues arising from the use of rights of way by mechanically propelled vehicles. The proposals contained in the Consultation Paper are aimed at addressing a number of crime and disorder problems that have been raised at a national level.

 

APPENDICES ATTACHED

 

Appendix 1 – Response by the Countryside Access Manager.

Appendix 2 – Response by the AONB Officer.

 

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

 

Agenda and minutes of the Environment and Transport Select Committee on 26 January 2004

 

Contact Point :Paul Thistlewood, , F 823285, e-mail paul.thistlewood@iow.gov.uk.

 

 

 

ALISTAIR DRAIN

Head Of Select Committee And Best Value Support