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  • Rights of way legal query
  • steveh
    Full Member

    Does anyone know the legal basis for priority (for want of a better word) on Bridleways?

    I've seen the standard walkers give way to no one, horses to walkers and cyclists to all suggestion but I'm wondering is this is a legal requirement or a guideline?

    The reason for the question is that my local council (Sheffield) have a rights of way improvement plan and it states in this document that cyclists must give way to other uses and there is an aim around making sure this is known. There appears to be no mention (or aim) of all users acting with due care around each other.

    thepodge
    Free Member

    i'm not sure if its law but i have also heard that its Walkers > Horses > cyclists.

    its an interesting document that, downloaded it last night and had a quick skim through

    steveh
    Full Member

    I thought it was pretty interesting but haven't had time to read all 100 odd pages properly. This statement jumped out at me as potentially a bit concerning though.

    Appendix 7 contains the list of planned works but is very general to say the least. It seems at the moment they don't publicise planned works either.

    nickc
    Full Member

    As above I think we have to give way to every-one else. Not really a massive issue is it?

    steveh
    Full Member

    It's not an issue at all and I do always tend to give way to other users but writing it as an aim for a council to work too if it's not legally correct when no mention is made of anything similar to other users isn't on.

    Stoner
    Free Member

    http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=countryside+act&Year=1968&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1198758&ActiveTextDocId=1198795&filesize=5870

    30. Riding of pedal bicycles on bridleways.— (1) Any member of the public shall have, as a right of way, the right to ride a bicycle, [F1 not being a mechanically propelled vehicle], on any bridleway, but in exercising that right cyclists shall give way to pedestrians and persons on horseback.
    (2) Subsection (1) above has effect subject to any orders made by a local authority, and to any byelaws.
    (3) The rights conferred by this section shall not affect the obligations of the highway authority, or of any other person, as respects the maintenance of the bridleway, and this section shall not create any obligation to do anything to facilitate the use of the bridleway by cyclists.
    (4) Subsection (1) above shall not affect any definition of “bridleway” in this or any other Act.
    [F2 (5) In this section “mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.]

    from Countryside Act 1968 (c. 41)

    steveh
    Full Member

    That's the clarification I was looking for, Thanks Stoner. The bloke at the council sounded a bit confused when I asked him the same question.

    ebygomm
    Free Member

    Something i pondered whilst passing a sign asking cyclists to give way to walkers is, how do you give way to a pedestrian who is travelling in the same direction as you?

    allthepies
    Free Member

    If the ROW crosses a golf course then all bets are off and you should speed up, ignore anyone in the immediate vicinity and start singing Nessun Dorma as loudly as poss.

    Apparently.

    aracer
    Free Member

    You should read Hansard for the debate about allowing cyclists on footpaths (when we got the right to ride on bridleways instead back in the '60s). The proposal was that in order to give way, you'd have to get off your bike when you met a ped – so you couldn't ride past, you'd have to get off and run past. Makes an interesting read – worth a look if only for the complete lack of understanding of MPs about people wanting to ride bikes off road (sorry haven't got a link, and not searching one out now).

    jonathan
    Free Member

    This little point of law seems to pop of regularly in the Local Access Forum I'm a member of – with horse riders yet again pointing out that whatever sign/leaflet/advise should state that cyclists should give way to horses etc.

    Always said with a presumption that we should be grateful that they let us onto "their" bridleways back in '68 😉

    Zulu-Eleven
    Free Member

    Stoners link is bang on, S30 1968 Highways Act.

    Hansard discussion here:

    http://hansard.millbanksystems.com/commons/1968/apr/09/riding-of-pedal-bicycles-on-footpaths

    Stoner
    Free Member

    S30 1968 Highways Act.

    ahem, S30 1968 Countryside Act.

    HTH 😉

    aracer
    Free Member

    Thanks, Z-E, exactly the one I was thinking of.

    Zulu-Eleven
    Free Member

    oops, well spotted stoner – was already thinking ahead to obscure aspects of 1980 highways act

    bassspine
    Free Member

    On a related note: I'd like some clarification on dogs running loose on or near cycle routes too… am I allowed to run over a mutt whose owners are clearly uninterested in using a lead?

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