ROW FAQ
Below are some of the common questions we are asked by the public. We will add to this list from time to time, however if you have a query not answered here please call the Rights of Way office on (01983) 857230
What is a public right of way?
A public right of way is a way which the public have a right to pass and re-pass. Public rights of way are split into three main categories
Footpath – has a right of passage for pedestrians only. Usual accompaniments can be pushchairs or dogs etc.
Bridleway – has a right for pedestrians, horse riders and pedal cyclists.
Byway – has a right for pedestrians, horse riders, pedal cyclists and motor vehicles.
A new category of right of way will be created following the Countryside and Rights of Way Act 2000. A Restricted Byway will have right for walkers, horse riders, and for vehicles other than mechanically propelled vehicles i.e. pedal cyclists and horse drawn vehicles.
The public have a right of passage to pass and re-pass on a public right of way. You may stop for a while – to admire the view, take a photograph, make a sketch, or sit down and rest, providing you stay on the path and do not cause a nuisance or obstruction.
Footpath – has a right of passage for pedestrians only. Usual accompaniments can be pushchairs or dogs etc.
Bridleway – has a right for pedestrians, horse riders and pedal cyclists.
Byway – has a right for pedestrians, horse riders, pedal cyclists and motor vehicles.
A new category of right of way will be created following the Countryside and Rights of Way Act 2000. A Restricted Byway will have right for walkers, horse riders, and for vehicles other than mechanically propelled vehicles i.e. pedal cyclists and horse drawn vehicles.
The public have a right of passage to pass and re-pass on a public right of way. You may stop for a while – to admire the view, take a photograph, make a sketch, or sit down and rest, providing you stay on the path and do not cause a nuisance or obstruction.
Do I need to keep my dog on a lead?
Dogs are considered a ‘usual accompaniment’ of a user of a footpath. There is no actual rule requiring that dogs must be kept on a lead whilst on a public right of way, although there is a requirement that they are kept under control and confined to the line of the path.
It is an offence for a dog to be at large in a field or enclosure where there are livestock, unless the dog is owned by the landowner, is a working gun dog, a trained sheep dog, a police dog or part of a pack of hounds. ‘At large’ is defined as not on a lead or otherwise under close control.
It is also an offence to allow a dog to chase or attack livestock. A farmer may shoot a dog which is attacking or chasing livestock without being liable to compensate the dog’s owner.
It is an offence for a dog to be at large in a field or enclosure where there are livestock, unless the dog is owned by the landowner, is a working gun dog, a trained sheep dog, a police dog or part of a pack of hounds. ‘At large’ is defined as not on a lead or otherwise under close control.
It is also an offence to allow a dog to chase or attack livestock. A farmer may shoot a dog which is attacking or chasing livestock without being liable to compensate the dog’s owner.
Bulls
It is an offence under the Wildlife & Countryside Act 1981(s 59) for an occupier of a field to cause or allow a bull to be at large in a field crossed by a public right of way. However there are exceptions to this:-
Bulls not more than 10 months old.
Bulls which are not of a recognised dairy breed and which are at large with cows or heifers.
Recognised Dairy breeds are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey, and Kerry.
Any bull over 10 months old is prohibited on its own. And any bull which is of a recognised dairy breed is prohibited even if accompanied by cows or heifers.
All employers and self employed persons are also obliged under the Health & Safety at Work Act 1974 (s 3) to not put at risk the health and safety of persons not within their employment. Guidance notes published by the Health & Safety Executive (the enforcement authority for this legislation) recommend that a sign is placed at access points to a field in which there is a bull. They also stipulate that the sign should not indicate that the bull is aggressive, threatening or dangerous and that the sign should be removed or securely covered when there is no bull in the field.
Bulls not more than 10 months old.
Bulls which are not of a recognised dairy breed and which are at large with cows or heifers.
Recognised Dairy breeds are Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey, and Kerry.
Any bull over 10 months old is prohibited on its own. And any bull which is of a recognised dairy breed is prohibited even if accompanied by cows or heifers.
All employers and self employed persons are also obliged under the Health & Safety at Work Act 1974 (s 3) to not put at risk the health and safety of persons not within their employment. Guidance notes published by the Health & Safety Executive (the enforcement authority for this legislation) recommend that a sign is placed at access points to a field in which there is a bull. They also stipulate that the sign should not indicate that the bull is aggressive, threatening or dangerous and that the sign should be removed or securely covered when there is no bull in the field.
What do I do if I find a blocked right of way?
If you discover a public right of way is blocked for any reason, please advise the rights of way office as soon as possible. The blockage could be anything that would reasonably prevent you from continuing on your journey e.g. overgrowth, collapsed furniture, fences, gates that are locked, buildings, water, walls, dangerous conditions i.e. landslip, or intimidating people or animals.
Please contact the rights of way department noting the path number, position and nature of blockage. We can then inspect the site and take any necessary action.
If it is possible to easily pass by an obstruction then continue with your journey. We would not encourage people to divert or venture onto private land as you may commit a trespass.
Please contact the rights of way department noting the path number, position and nature of blockage. We can then inspect the site and take any necessary action.
If it is possible to easily pass by an obstruction then continue with your journey. We would not encourage people to divert or venture onto private land as you may commit a trespass.
The path has been ploughed up, or is blocked by crops?
During certain seasons a landowner or occupier will have the right to plough over a cross-field public right of way provided the path cannot reasonably be avoided. However there are requirements that they:
Make good the surface of the way to not less than the minimum width specified in the Act so as to make it reasonably convenient for the exercise of the public right of way
Must indicate the line of the path or way across the field, again to not less than the minimum width, so that it is apparent to members of the public wishing to use it.
These requirements must be complete within 14 days of the first disturbance of the path or within 24 hours of a subsequent disturbance for that particular crop.
Field edge, or headland, paths must not be ploughed at all.
If you find a path that is ploughed or blocked by crops please report it to the Council’s Rights of Way Section.
Make good the surface of the way to not less than the minimum width specified in the Act so as to make it reasonably convenient for the exercise of the public right of way
Must indicate the line of the path or way across the field, again to not less than the minimum width, so that it is apparent to members of the public wishing to use it.
These requirements must be complete within 14 days of the first disturbance of the path or within 24 hours of a subsequent disturbance for that particular crop.
Field edge, or headland, paths must not be ploughed at all.
If you find a path that is ploughed or blocked by crops please report it to the Council’s Rights of Way Section.
Page last updated on: 08/01/2006
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