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