Association's call for loophole to be closed (From Gazette Series)

Association's call for loophole to be closed

ANCIENT rights-of-way are being turned into impassable mud-baths because of a current loophole in the law which allows motorised vehicles onto byeways and bridleways and should be closed without delay, according to the Country Land and Business Association.

A public consultation to investigate ways of curtailing the use of off-road vehicles on rights-of-way has just been launched and the association has told Rural Affairs Minister Alun Michael he should take positive steps to curb inappropriate use of off-road vehicles in the countryside.

Current law allows vehicles such as 4x4 vehicles and motorcycles to be driven on routes originally designed for horse and carriage - whether or not the routes can physically accommodate modern vehicles.

Historic routes such as the Ridgeway have already suffered serious damage and thousands of pounds have been spent on restoration projects.

But the association warns inappropriate and damaging use of ancient carriageways is likely to grow with the government-funded Lost Ways Project. The project aims to uncover or upgrade historical routes which may not have been used in living memory, but which will be opened up for current use.

Association South-West director John Mortimer Davis said: "The CLA is concerned about the damage caused to these rights of way and the fact that the cost of restoration falls on the ratepayer rather than the user. But we are also worried because the speed and noise of vehicles ruins the peace and tranquillity for other people.

"Illegal use of rights-of-way is already a serious problem in the countryside. Changes in the law to help prosecute those illegally driving off road have been implemented, but landowners are still waiting for the police to take action.

"Owners and occupiers of properties affected by crime, are finding it impossible to get permission to erect barriers across rights of way even where these would have little if any impact on lawful users."

New moves to redesignate roads used as public paths as restricted byways will ban recreational off-road mechanically propelled vehicles. The restricted byway will be open to horse-drawn vehicles and it will be illegal to drive on such routes, but the association says the only practical way to stop the illegal use of these routes will be to erect physical barriers - and that will require more legislation.

"If all unsurfaced byways and unclassified county roads were reclassified as restricted byways it would remove at a stroke most of the problems which the government now face in this field," said Mr Mortimer.