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Green Laning Guide
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Please note: this article was written in 1996. Things have moved on somewhat since it was written with a creeping erosion of our rights to use historic Rights of Way led by the like of the Ramblers Association (who sadly seem to have totally lost touch with their roots - "mass trespass, wozzat then?") so the following should be treated with some caution and not be relied on to tell the whole story.
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The term Green Lane or Green Road is a general expression used to
describe any unsurfaced country way; often of some antiquity. The
terms have no significance in law. If a right of way exists along
such a way, then it will be one of the following: a Byway (shown
on OS maps as a 'Byway Open to All Traffic' or BOAT), a Road Used
as a Public Path (RUPP), a Bridleway or a Footpath. Under the
terms of the Wildlife & Country side Act 1981, there is currently
a review which will eventually reclassify all RUPPs in England and
Wales to either BOAT (if vehicular rights are proven to exist),
Bridleway or Footpath, the BOAT being the greatest right of the
three and the only one to carry vehicular rights. In each category
the greater right is always held to include the lesser. RUPPs and
BOATs are public highways, so your vehicles will need to be taxed
and insured and seat belts must be worn where applicable.
Let's look briefly at the situation:-
- Right of Way - in this context, the 'right of way' is
the legally protected right of a member of the public to pass and
repass along a defined route across private land. I use the word route
because there may not be any visible evidence of the existence of a
track on the ground. The M4 and Petersfield High Street are not rights
of way in this context.
- BOAT or Byway - this has vehicular and all the lesser rights
of way. Vehicles must comply with all driving regulations applicable
to ordinary road traffic.
- RUPP - this does not always have vehicular rights of way
but is always a bridleway and a footpath as well. Indeed, it may be
signposted 'Bridleway' or 'Footpath' but still have vehicular rights.
You may need to check with the relevant council to establish what rights
exist. In a rights of way policy statement, Berkshire CC says of
RUPPs ...and it is not an offence to drive a vehicle along one.
However, the right to drive will be determined through
reclassification during the next few years. Clear?
- Bridleway - this is for the use of horse and bicycle
riders and pedestrians only.
- Footpath - this is for pedestrians only.
Whilst not in the same general class of the rights of way
described above, but equally as important, are:
- Unclassified County Roads (UCR) -
UCRs may range from fully surfaced wide suburban roads down to
ill-defined overgrown tracks across open country. Most County
Councils accept that these have vehicular rights even though the
route may co-exist with any of the other types of right of way.
Dorset, Glamorgan West, Gloucestershire, Gwynedd, Nottinghamshire,
Surrey and Warwickshire do not accept that UCRs always have
vehicular rights, while Kent and Yorkshire North cannot confirm.
On an OS map, a UCR may appear as a coloured or uncoloured (white)
road, a single broken line or nothing at all! UCRs are "county
maintainable roads", but are bottom of the list for allocation of
funds for repair.
- White roads - there are many minor roads shown on OS map
in white. (i.e. not coloured.) They may have continuous, single or
double-dotted defining lines (indicating the presence or absence of walls or
fences) but these do not all necessarily have public vehicular
rights. You cannot tell the true status of 'white roads' just by
looking at them! Many UCRs are shown as 'white roads' but not all
'white roads' are UCRs.
- Commons, beaches & moors - there have been many misleading
adverts recently showing vehicles on commons, beaches, moors and mountains,
etc. You do not have the right to drive a vehicle in the majority of these
areas unless you have permission from the landowner. The 'foreshore', that
is the area between the high and low water marks, is generally Crown
Property and you may not drive there either. There are a few
littoral RUPPs and BOATs, usually coming about due to erosion,
(i.e. the sea has moved inland) whilst others are ancient short
cuts across bays or estuaries. Such routes are often very
dangerous too.
Notes
(a) The roads described above may co-exist in any combination
resulting in a confused appearance on a map.
(b) Byways (BOATs) and UCRs can be closed either temporarily or
permanently by a Traffic Regulation Order (TRO). The notice
declaring the existence of a TRO must remain posted at both ends
of the relevant road all the time it is valid. No notice - no TRO.
However if you know there is a TRO but you can't see the legally
required sign, please stay off the route anyway.
(c) Do not assume that Ordnance Survey (OS) maps always give
correct information on rights of way. While the review mentioned
earlier is in progress, the rate of change is very high and OS
maps cannot possibly keep up.
(d) The LARA Code of Conduct, (Land Access & Rights Association)
issued from time to time, categorically stated at one time that
UCRs all have vehicular rights. Not all county councils agree with
this. (See UCRs above.)
Obstructions
The law relating to obstructions is awfully complex. Strictly
speaking, a gate is an obstruction but unless it is locked we
usually take no action. Fallen trees may be cut and moved out of
the way but, as they are the property of the landowner, they must
be left at the side of the road. The law allows you to move only
the amount of the obstruction that enables you to continue. You
may not set out especially to clear a known obstruction, but if by
chance you have suitable tools with you then you may use them. If
the road is blocked, you may be able to drive around the
obstruction but in so doing, you may need to leave the proper
route. It is generally accepted that you may deviate only onto
land owned by the person responsible for the blockage. Be
particularly careful not to do any damage away from the track if
you try this. Generally, I would recommend that you turn back.
Report any major obstructions (accidental or deliberate) to your
club Rights of Way Officer or to the relevant council. Deep ruts
or mud or water, that render the road impassable, do not
necessarily constitute an obstruction; so you do not have the
right to drive round such 'obstacles'.
Organising a Trip
Good maps are essential but if you intend to rely on OS maps, make
sure you have the latest edition (Note (c) above notwithstanding.)
The 1:25000 Pathfinder Series are particularly recommended as they
show field boundaries as well as rights of way to a larger scale.
Take at least two but no more than five vehicles (absolute
maximum). Competition and/or aggressive looking vehicles are not
recommended. If you are in a 4x4 club please fill in and return
Survey Forms to the Rights of Way Officer. Take a spade and a good
nylon tow-rope (at least 1"/25mm), two 3/4"/19mm-pin shackles and
check your tow points. You will need a secure tow point front and
rear: looping ropes around spring shackles or bumpers is not safe.
Your club scrutineers should be able to give advice on the
installation of recovery points.
Try to avoid low-lying and/or known boggy areas after prolonged
rain. Under no circumstances take on difficult lanes as a
challenge. If you have a choice, drive in a downhill direction.
Using public highways for leisure purposes is quite legitimate but
playing on them is a different matter.
Behaviour
Slow down or stop for walkers and horse riders. Be pleasant to
other users no matter what their attitude is to you. Many walkers
will be surprised to encounter a large vehicle (or four!) in the
middle of nowhere. The vast majority of walkers don't know the
first thing about rights of way! If you are confronted by a farmer
or a landowner, state that you are exercising your right to pass
and repass. Do not state that you are looking at the view, taking
photos, or making notes on the condition of the lane, because that
is not within the remit of your rights to pass and repass and your
presence could then be taken as unlawful. If a landowner is
adamant that the road is private, back off and check up. Simply
ask for the shortest route off his/her land. Under no
circumstances refuse to leave the land; that's the worst possible
thing to do. Most of them can afford better lawyers than you can!
PRIVATE PROPERTY signs are often to be found and these serve as
reminders that you may, indeed, legally be on private land.
However, a PRIVATE ROAD - NO ENTRY sign is illegal. Such signs are
there to put you off! Don't let them succeed. At the start of this
piece I used the word Briefly. So what happened? Well that is
brief, believe me. The laws relating to Rights of Way are very old
and complex. If you really want the details, read on.
Recommended reading
Rights of Way: a Guide to Law and Practice, by Paul Clayden and
John Trevelyan. Published by the Open Spaces Society, 25a Bell
Street, Henley-on-Thames, Oxon, RG9 2BA. This used to be UKP5 with
UKP4 postage but it's probably more now! This is the best general
purpose book on the subject.
Public Highways: Their Origin & Status, by Alan Kind. Published
privately.
Worthwhile charitable organisations to support:- The Byways &
Bridleways Trust.
Credits
I am indebted to Alan Kind, Dave Cuthbert, Mike Scott, Tony
Kempster, Liz Hurley, Colin Gross, Peter Gott, Mike Dyer and many
others for advice in the compiling of this article.
Steve Kirby
Hants & Berks Rover Owners Club
-:-
The above text is based on an article in the March 1996 edition of
"Pants & Berks" the magazine of the H&BRO, which I've reworked
down into HTML and removed some of the club specific references.
This article may be reproduced without prior permission so long as
the author and the H&BRO are acknowledged.
NB: neither myself nor Steve are able to recommend green lanes to
you, if you want to go laning you need to do the research yourself, or join your
local 4x4 club. Please don't mail us asking where to go laning.
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