Motorists have been footway-parking since at least Simon Hoare MP is trying to change the perception of pavement parking. With neither police nor traffic wardens much fussed about large items of private property causing obstructions on the public highway most enforcement of pavement parking, if any, is carried out by local authorities.
They have control over decriminalised civil parking enforcement under Part 6 of the Traffic Management Act While all other parts of the Highway Act have been either amended or repealed, clause 72 remains in force. This is a cover-all that is still in force.
Motor cars were classed as carriages in the Motor Car Act; bicycles were so classified in The operators of bicycles and cars have the same road rights, that is, being able to pass and repass over the public highway. A user may, however, stop to rest or admire the view, providing they stay on the path and do not cause an obstruction. The user may take with them what is termed as a "natural accompaniment", for example a pram or pushchair, or a manual or powered wheelchair mobility scooter provided they follow the regulations for taking these vehicles on ordinary roads.
It should be noted, however, that there is no guarantee and no requirement that the surface of the path will be suitable for prams, pushchairs, wheelchairs or mobility scooters. The main problem that arises in these instances, however, is where, over time, the use of the accessway has expanded so that users are gaining vehicular access to properties along the route.
Whilst public footpaths can be of any width as a result either through usage, by formal agreement, or by order if the path has been diverted, even though the accessway may be wide enough to allow vehicular access, and vehicles have been using it for some considerable time, this does not mean that there is a right for vehicles to use it.
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Dedicated to Chris Lightfoot. There are still disputes about the status of some of these routes, and complex legislation and case law which has developed over a period of more than 60 years has failed to resolve the issues surrounding the use of motor vehicles and rights of way.
During the passage of the Deregulation Bill through Parliament in the summer of the government made a commitment to establish a stakeholder working group to re-examine these issues. We support the principle of such a group but believe its operation should be time-limited, and its recommendations put out swiftly for full public consultation.
T he first definitive maps showed footpaths, bridleways, and tracks with vehicular rights used mainly by walkers and horse riders. Often, this right to use vehicles was established when all vehicles were horse-drawn. More recent laws have rendered the term RUPP obsolete—such ways are now restricted byways; and the recording on definitive maps of BOATs on the basis of historical evidence of vehicular use is now largely ruled out.
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