The Natural Environment and Rural Communities Act 2006 does not, as has been suggested, represent the end of the road for recreational users of motorised vehicles on rights of way. The intention of the Act is to restrict the recording of additional byways on the definitive map and statement, on the basis of historical horse and cart use (or dedication for such use). Existing byways open to all traffic, which extend to around 4,500km in England and Wales - roughly 2% of the rights of way network - will not be affected in any way.
At one time, there appeared to be the prospect of deferring commencement of the new legislation on this basis, but the strength of feeling - across all parties - for early commencement was overwhelming and it became very clear, as the Bill progressed, that Parliament was unconvinced that a voluntary approach would work.
The Government firmly believes that the way forward on this issue is through a mixture of legislation, better guidance and co-operation between users. With this in mind we have also published new guidance to promote the better enforcement of existing powers to manage vehicles on rights of way and an update to our practical guide to managing un-surfaced vehicular routes: Making the Best of Byways. Defra has also published online guidance on the rights of way provisions in the Natural Environment and Rural Communities Act. This can be accessed at the following address:
http://www.defra.gov.uk/wildlife-countryside/cl/nerc06.htmRight who's doing the analysis then?
