Lane Claims and NERC - (Circa 2005/6)

Our then Rights of Way Officer, Darren Thomas and friends have put tons of effort into sorting lane claims out when we were still in the dark about what we would achieve. The following text was in the Citizen a few nights ago and gives an answer to our fears. Not the right answer of course!

Note: Some of the clause numbers appear to have been ajusted in the current version of NERC from when this was written, if I've read it correctly.

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RIGHTS to ride many centuries-old green lanes are likely to be extinguished.

Despite cross-party pleas from MPs including at least two from Gloucestershire, the Natural Environment and Rural Community Bill (NERC) is likely to wipe vehicular rights from Roads Used as Public Paths (RUPPs) under clause 61.

They represent 3% of the country's Rights of Way, with just another 2% accessible as Byways Open to All Traffic (BOATs).

As the hefty bill makes its way through the House of Lords yesterday (Tuesday), trail riders fear their law-abiding and responsible approach to sustainable use of RUPPs will be outlawed - while irresponsible use will continue regardless of the law.

Stroud MP David Drew pleaded with Lords to look at clause 62 of the bill which will end the right to apply to upgrade a RUPP to a BOAT.

Previously the Department for Environment, Food and Rural Affairs (DEFRA) had recommended a 25-year grace period to apply for upgrades but that has been pared back to a cut off date of May 19, 2005 and could go further back.

Forest MP Mark Harper sympathised with the plight of responsible off-road enthusiasts after an outing with members of West Glos & Dean Forest Motorcycle Club.

"Members of the club take their hobby very seriously and behave in a thoughtful way in the countryside," he said.

He said quite a number of trail riders contacted him to explain their concerns so he took up the offer of a ride in Bream builder Stan Howitt's sidecar.

"I have to say that I was impressed with the careful and thoughtful way they rode, especially when we came across walkers or horse riders," he said.

Mr Howitt explained the club enjoys good relationships with landowners and residents in the Wye Valley, where it has run the Wyegate Long Distance Trial since 1983.

"It would be a sad day if this ceased to exist because of currently fashionable "ban it" type laws," he said.

Mr Drew appealed to the Lords to make allowances for the law abiding majority, after contact from constituency members of the Trail Riders Fellowship.

"Responsible law abiding motorists are being affected by the restriction of their ability to apply for existing Rights of Way to be considered as accessible for vehicles," he wrote.

"Clause 62 will not just limit their future rights but will also prevent any applications made in the last year or so from being considered. The exact period will depend upon the commencement date that is decided.

"I urge you to consider not supporting a retrospective commencement date for motorised vehicles."

He said existing laws can deal with illegal use of Rights of Way, and have been effectively enforced in some areas.

And he pointed out claims of damage to the countryside were unproven, according to the Faber Maunsell report which was commissioned by DEFRA itself.

He also pointed out that the Institute of Public Rights of Way Officers believes that problems are "perceived not actual" and that most local authorities failed to re-classify Rights of Way since they were required to in 1968.

The likely law change will not just criminalise motorcyclists and those on four wheels either.

People who live away from the road are likely to be affected too - they could have to prove a vehicular right just to reach their home.

A final decision on the bill will be made in the House of Commons but clauses 61 and 62 are unlikely to be considered separately.