Byways - What if the're too small

[BadBoy]

Found this local byway the other day, but I couldn't get my Fronty down it
http://maps.google.co.uk/maps?hl=en&ie= ... 19,,2,4.47

As far as I can find, there is no TRO on it, or restricted status (I am still awaiting LB Havering to respond to my request for info on this, but I cannot find anything on their website)

If this is not restricted, shouldn't it be maintained wide enough for a car as per the highways act 1984,section 15, paragraph 9C

“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.

[andysd1]

contact glass or crag

[Drift]

Ahha but not all byways are open to motorised traffic, likely horses and pedestrians

[BadBoy]

Ahha but not all byways are open to motorised traffic, likely horses and pedestrians

So how come the official definition of a byways states "right of way for vehicular and all other kinds of traffic".

My guess is this is a restricted byway, but if it isn't then given the law and the definition of a byway in law, we must be able to drive it in a motorised vehicle (car). Is that not correct?

Sorry to sound thick, just trying to understand the do's and don'ts

[Drift]

Will get the details for you tomorrow night ,had a slight accident tonight with a bottle opener.... number 8

[gregster]

Ahha but not all byways are open to motorised traffic, likely horses and pedestrians

That may be why it hasnt been maintained, as horses and pedestrians pay no road tax...or doesnt it work like that

Please dont take this the wrong way...no offense is intended whatsoever....
but
In these days of political correctness and equality, I would have thought that the responsible authority would be legally bound to ensure that a byway should be accessible to someone who is disabled as it is a public road, and this would mean vehicular access as clearly riding a horse or walking it may not be an option...
Just strikes me as odd, when businesses etc all have to be disabled friendly when they are in effect private property, yet a road which everyone has a right to use would be inaccesible to someone with disabilities should they wish to travel it...just seems wrong somehow...

[Drift]

Oddly enough the DDA does not cover byways as far as I can remember.
I deal with DDA (Disability Discrimination Act) in work a lot through mostly the transport side of things, and Ive not come across anything for byways other than crossings on roads

[Road Hog]

I would say that is a case of wrongly worded signage,it probably should be bridleway & FP

[gregster]

Oddly enough the DDA does not cover byways as far as I can remember.
I deal with DDA (Disability Discrimination Act) in work a lot through mostly the transport side of things, and Ive not come across anything for byways other than crossings on roads

Its just something that I have been thinking about of late...
most of us 4x4 nuts who are fortunate to be able bodied look upon byways as a more interesting route to take which explores the countryside and stretches the legs of our trucks...
...but to someone who has great difficulty walking, use of byways could mean a whole lot more, as it could be the only way they can get right up close to nature and explore some of the gems in this country that are not on a tarmaced roads...
Maybe this is something that the anti's and governing authorities have neglected to consider fully...
whilst us able bodied 4x4 owners can walk a TRO'd lane if we like, others do not have that privilege, and to deprive them of this could be deemed discriminatory I think...
Or am I missing that TRO's and changes of classification of lanes does not apply if the vehicle has a disabled badge???

[Drift]

A TOR (Temporary Restriction Order) is for all vehicles except emergency services and service vehicles or access.
The NERC has definitely not taken disabilities into consideration and that is an angle LARA and other organisations are pursuing, but funding is limited for legal action to be taken.

[BadBoy]

I would say that is a case of wrongly worded signage,it probably should be bridleway & FP

It's shown as a byway on OS map
http://www.multimap.com/s/RHlNiZfl

[Drift]

It is a "Restricted Byway" thus not open to motorised traffic

They are shown the same on the map as BOATS (Byways Open to All Traffic) hence the reason that if it looks drivable, check with the Rights of Way Officer and if like this one, it doesn't look drivable the classification is a restricted byway by its very nature

[Drift]

On further looking at that byway it seems it was part of an old road that was closed when the motorway was built as the motorway was built across the road, as far as I can tell and it was given a permanent closure but then upgraded to a restricted byway to access the woodland next to the motorway for pedestrians.

[BadBoy]

On further looking at that byway it seems it was part of an old road that was closed when the motorway was built as the motorway was built across the road, as far as I can tell and it was given a permanent closure but then upgraded to a restricted byway to access the woodland next to the motorway for pedestrians.

Where on earth do you get this info?
Would be interesting just because it's local to me

[Drift]

Its easy, we have a few roads here like that,

Look on the google link you posted, next to the lane you will see a set of gates (dead give away) pan out, then follow the track you can see, it heads straight into the woods to the dual carriageway, at that point the carriageway intersects the lane/old road, they layout tells the story
Moor Lane and Folkes Lane used to be one connected road before the road to the M25 was built.

The council when they built the carriageway had get a TRO leading to a Permanent Restriction then when work on the road ceased it was down graded to a restricted byway.

Many carriageways and motorways have wooded areas around them and need access for maintenance, hence the gates on what would have been an old road and the pedestrian access that is now the restricted byway

[gregster]

Dwifty....there is a byway near us that we used on the first SE meet we organised down here with is pretty intersting, but a section of it is really overgrown and scrathy (you can only see out of a 12" gap in the middle of windscreen!)....
Whats the score with pruning it back, is that something anyone can do, or has it got to be done by the highways bods...
Was thinking that if we had half dozen of us it would only take a couple of hours to sort it so properly passable...but dont want to do something we are not allowed to...

[Drift]

Double check its status and inform the council telling them what you intend to do and with volunteers.
They will require you to conform to all Health and Safety legislation like hard boots and hi vis vests and possible the dreaded public liability insurance (but check that last one)

[gregster]

Double check its status and inform the council telling them what you intend to do and with volunteers.
They will require you to conform to all Health and Safety legislation like hard boots and hi vis vests and possible the dreaded public liability insurance (but check that last one)

Cheers for that...will have a word next week...might be able to borrow a tractor with a hedge trimmer thingy on it...thats gotta make life easier and I guess the insurance on said tractor might be enough as the implement is part of it maybe??
Valid point though about the H&S aspect and liability insurance...have used my chainsaws loads of times clearing fallen trees off roads and lanes without even considering this...might have to enquire what cover costs for this..

[cheekychick]

a tractor with a hedge trimmer thingy on it...

This doesn't really fit in with your argument about looking at wildlife and the like earlier Gregster, me thinks this would just scare everything away that can run, and crush whatever can't

[gregster]

Fair comment...They can be pretty destructive and intrusive I guess...just "give a lazy man a difficult job, and he'll find an easy way to do it" came into play for a moment!