Outdoor Focus Autumn 2018 | Page 6

Rows about RoWs Jon Sparks finds a route through the challenging issue of rights of way F ar be it from me to stir up walker vs cyclist aggro; the overwhelming majority of meetings with mountain bikers when I’m out walking, and with walkers when I’m on my bike, are entirely friendly and positive. However, one encounter by the shores of Rydal Water stands out – and illustrates that what some people ‘know’ about Rights of Way (RoW) law isn’t always correct. Indignant pedestrian: ‘You can’t cycle here.’ Me: ‘Why not?’ ‘It’s a footpath. You’re committing an offence.’ ‘Sorry, I’m afraid you’re wrong. It’s a bridleway.’ ‘No, it isn’t, it’s too narrow.’ This exchange encapsulates two common misconceptions around RoW law. The first is that you can identify a footpath or a bridleway by eye, or by width. A footpath or a bridleway may exist without any visible path on the ground. Conversely, a substantial track may exist without any public right of way attached. A right, not a thing The definitive work on RoW law, Rights of Way: A Guide to Law and Practice by John Riddall and John Trevelyan, puts it beautifully: ‘A highway is not a thing; it is a right.’ Footpaths, bridleways and byways are all highways. All can exist without any discernible trace on the ground, and neither footpaths nor bridleways are – in general – defined by width. One exception applies where a route crosses a field. If a farmer ploughs a field or plants a crop, they should restore the RoW as soon as possible, 6 Outdoor focus | autumn 2018 clearing a width of 1m (footpaths) or 2m (bridleways). Another set width is for gates: on bridleways these must be at least 1.5m wide. Elsewhere, the test is what is required for passage. A bridleway should allow two horses to pass each other; a footpath only needs room for walkers. But even this applies to the right of passage, not to any physical trace on the ground. Not a criminal The second misconception was that – if I had been riding on a footpath – I would have been ‘committing an offence’. In fact, riding a bike or horse on a footpath is merely a trespass (a civil wrong or tort) against the landowner, not a criminal offence, except in rare cases where a specific local bylaw or Traffic Regulation Order (TRO) applies. However, driving, or riding a motorbike, on a footpath or a bridleway is a criminal offence. So is cycling on the pavement (in legalese, ‘a ‘footway set aside for the use of pedestrians’) – probably one source of misconceptions about the ‘illegality’ of cycling on ‘footpaths’. 1949 and All That The National Parks and Access to the Countryside Act 1949 instituted a system for comprehensive recording of RoWs in England and Wales, mandating the creation of Definitive Maps. The local authority has a statutory duty to keep their Definitive Map up to date, and it must be available for the public to inspect without charge during normal working hours. Some authorities also make their Definitive Maps available online. Subsequent refinements to some of the RoW categories have created a four-tier system. Additional categories