Note: This paper is a summary of views by the Green Lanes Protection Group . It is based on Leading Counsel’s opinion (available on request); also Defra’s Guidance V5 to be found at http://archive.defra.gov.uk/rural/documents/countryside/prow/nercactv5.pdf which readers are strongly recommended to study. Guidance on the NERC Act is at paras 1-74; Restricted byways at paras 75-100; Enforcement at paras 101-129

Road Traffic Act 1988 as amended (RTA) makes it an offence to drive off-road.

Countryside and Rights of Way Act 2000 (CROWA) introduced Restricted Byways (RBs) which replaced Roads Used as Public Paths (RUPPs) in 2006. RTA was amended where relevant.

Police Reform Act 2002 as amended (PRA) introduced informal measures to curtail illegal driving.

Natural Environment and Rural Communities Act 2006 (NERCA) made sweeping changes to the acquisition of rights and the effect of RTA. It commenced on 2 May 2006 (16 Nov 2006 in Wales).

2. RTA 1988 s34 which reads in part [Full text of s34 is at Appendix 1] :

• onto or upon any common land, moorland or land of any other description, not being land forming part of a road, or
• on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

(2) For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the Wildlife