The Government has given consideration to the problems caused by off road driving generally and has introduced legislation designed to curb some of the perceived excesses of 'off-roaders'.
The legislation provides:
- for the establishment of ‘restricted byways’, which will consist of every road shown on the definitive map as a road used as a public path. It will be an offence to drive a mechanically-propelled vehicle (other then an electrically-assisted pedal cycle) on such roads. This change will prohibit driving over approximately 5,000 miles of roadway. The exception to this rule (in England) is that vehicular access is allowed for a person with an interest in the land or who is a visitor to it if the road was formerly used by them to obtain access to the land. This will effectively ban off-roaders from legally using such tracks;
- that new public rights of way for motor vehicles will not be able to be created unless either expressly provided for in legislation or by use of statutory powers; and
- a great number of additional restrictions on vehicular rights outside London. These extinguish existing rights of vehicular access over land which is not shown to be a roadway or which is shown as a footpath, bridleway or restricted roadway. Where such a right is extinguished, the landowner may still have a private right of way in order to access the land.
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