In article <
9PmdneZF2roYCDzS...@eclipse.net.uk>, Paul
says...
> Yeah, my 'older' OS shows it as restricted but my latest shows it as a
> Byway .. and Definitive map states it all as a Byway, I do check .. ;)
As Paul (the OP) says above, it appears to be all vehicular now, so must
have been one of the last to get sorted out before NERCA sunk its teeth
into the mess.
GLASS also list it at vehicular, both parts, and state that's as a
result of OS map data, that in turn is derrived from the Definitave Map
of the area.
http://www.trailwise.org.uk/do_quickfind.php
and enter SE6100-02 into the UID field of the "Find and item:" panel on
the left... (SE6100-01 is the other part of the lane.)
We used to be able to drive RUPP's (Roads Used as Public Paths) the
active bit there was the term "Road". Presumption was always to the
higher status if in doubt, pre NERCA that was. (Natural Environment and
Rural Communities Act.)
Post NERCA, the presumption now is to the lowest status, so BOATS are
now "Restricted Byways", open to everything EXCEPT that propelled buy
mechanical means (Motor's to us.)
(There are many other instances where that change *could* screw with
many things in remote areas. In principle, a minor road co-incident
with a bridleway, could be non vehicular. A bit of a problem for anyone
who lives down that way...)
Footpaths on OS 1:50,000 maps are shown as a line of small red dots.
. . . . . . .
Bridleways, are a line of red dash's.
- - - - - - -
Restricted Byways (ex BOATS) are shown as red dot-dash marks.
. - . - . - . WE CANNOT DRIVE THESE ANY MORE, sadly....
Full Byways that can be legaly driven (IF NOT TRO'd) are shown as.
+ - + - + - + in red. (TRO = Traffic Regulation Order.)
ORPA's are shown as a string of "large" red dots, very distinctive and
different to how a footpath is shown!
The problem for us is, that ORPA's are often poorly researched, even by
the local authorities, so you realy do need to check with the relevant
highways authority as to their exact status. On the ground too, they
are often dificult to follow, especialy accross or past open farmland.
Also, it is quite common for a RoW to be TRO'd, so preventing it's use,
but the signs either never get put up, get ripped down, or otherwise
lost. The lack of a sign, does NOT mean it's garanteed "open".
TRO's can be permanent, Temporary or Seasonal. Some authorities play
silly games with Permanent Temporary TRO's applied Seasonaly!
Then of course, you get the land owners and tennants, who can and often
do place obstructions (illegaly) to try and prevent the way's use.
Parked farm machinery, Tree trunks, concrete blocks, piles of dirt, to
planks of wood with nails sticking up, placed under water in ruts have
all been found in the past, and everything in between. Any such
illegal obsctructions, take photos and record it's location then report
to the according local authority. If you can "abbate" the obstruction
with no damage done, so be it. (As Paul did by towing one of the
concrete blocks out of the way.) But you can only do the bare minimum
to pass by, WITHOUT straying off, or damaging the right of way.
(I'm no lawyer, so don't take my word as gospel on this matter.)
Overall, it's a legal minefield out there now for us motorised users of
unsurfaced rights of way. The GLASS (and GRAG) database(s) can help,
but even then, they have no legal standing. The only way to be sure is
to contact the authority who's area the RoW is in, and ask them. Most
are suprisingly helpful when you get to the actual people involved. But
it can be a struggle getting to them.
Remember, in the eyes of the law of this fair land (?) Ignorance is no
excuse for getting it wrong. Also Plod now have some far reaching
powers if they need. They could confiscate your vehicle if you're
found in the wrong place. Unlikley the first time, but if you're
repeatedly found "off route", it could happen. I believe they have done
that with some motorcycle's in the not too distant past.
Take care peep's, be sensible, so we can all enjoy for as long as we
can. Any obvious muppetry by idiots carving up ajacent land, or the
surface of a RoW, try to descretely get any number plate details, or
other obvious markings, so as to report to Plod etc.
And of course, just so it is said for the record, these are public
rights of way, so valid Tax, MOT, Insurance and seatbelts used etc are
all required items. "Green Lanes" are NOT "Off Road" by any means.
Cheers.
Dave B.
(A GLASS member, if you hadn't guessed.)