Motorcycle Explorer February 2015 Issue 4 | Page 212

Why does this matter?
Organisations such as councils and national park authorities and even parliament are coming
under increasing pressure to close unsurfaced roads and byways to motorized traffic.
The authorities can close routes by using Traffic Regulation Orders: these are the legal
instruments that are used to create one-way systems and pedestrianised areas in towns, but are
now increasingly called into play to close green lanes for a variety of reasons.
In a small minority of cases such calls may be justified: for instance if a route is so badly
damaged that it becomes impassable; but it is in fact illegal for a local authority to close a route
as an alternative to returning it to repair.
However, that does not stop routes being closed for any number of reasons, and certain people
can be very imaginative when it comes to finding justification for closing a route that runs near
their house.
What can we do to stop lanes from being shut?
This is an issue where everyone can help. The first thing to do is to treat lanes with respect.
Occasionally signs will appear on the entrances to lanes bearing the logo of the TRF and
equivalent organisations from the 4x4 world asking people to refrain from using the lane.
There’s invariably a good reason for this, and that is that using the lane at this time my result in it
being closed.
Also look out for little notices consisting of A4 papers on boards. These may be announcing
either a temporary closure, or plans to introduce a permanent one.
If the latter, photograph the sign, and contact the TRF via the forum http://www.trf.org.uk/forum/
index.php?sid=e58ce91d8eeed8092a075eefb194a290
to get help in fighting the closure.
What about spurious ‘no vehicles’ signs?
Landowners and others sometime put up signs suggesting that a route is closed to vehicles. It’s
best in these circumstances to make a careful note of what the sign says and which route it
refers to. For instance: is it the byway or UCR itself, or a private drive branching off it?
Then check it out with the local council’s rights of way and highways departments. If the sign has
no legal authority (and the route has not been closed to vehicles) then the sign itself is an illegal
obstruction and the council should arrange for its removal.
If you have any doubts at all about what’s going on, then ask the TRF, via the TRF forum.
Someone with local knowledge will probably be able to give you the information you need.
What legal backup is available?
It would be an understatement to say that the police don’t always have the best understanding
of rights of way law. All too often, officers are sent out with a brief to ‘catch illegal off-roaders’
but are not told which rights of way are actually legal for vehicles. In some cases they will even
approach riders on trail bikes at petrol stations and attempt legal action against them just
because their bikes are muddy.
Luckily TRF members enjoy legal support, as long as they have been riding legal bikes on legal
carriageways There have been plenty of instances where TRF members have been threatened
with prosecution, only for the threat to melt away once the TRF’s legal eagles got involved.
Membership of the TRF is just £45 a year, which is remarkably cheap when compared to the cost
of a lawyer!
http://www.trf.org.uk/wp-join-the-trf/