Byway (road)
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- See also the disambiguation page Byway
A byway in the United Kingdom is a minor secondary or tertiary road.
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[edit] Legal position
[edit] Byway Open to All Traffic
In the United Kingdom, a Byway Open to All Traffic (BOAT) is 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. (United Kingdom Road Traffic Regulation Act 1984, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1). Byways account for less than 2% of England's unsurfaced Rights of Way network.
A byway open to all traffic is sometimes waymarked using a red arrow on a metal or plastic disc or by red paint dots on posts and trees.
[edit] Restricted byways
On 2 May 2006 the Countryside and Rights of Way Act 2000 reclassified all remaining Roads Used as Public Paths as restricted byways. The public's rights along a restricted byway are to travel:
- on foot
- on horseback or leading a horse
- by vehicle other than mechanically propelled vehicles (e.g. bicycles, horse-drawn carriages)
[edit] The road
In rural areas such roads can often be unmetalled – when they are known as green lanes. Such roads are lawful highways open to all traffic, although they often have the appearance of being no more than glorified tracks.
[edit] Use by off-road vehicles
It is often claimed that recreational use of these rights of way causes considerable damage, however this is not supported by the government commissioned study into the subject by independent consultants Faber Maunsell.
The following is an extract from the Faber Maunsell study;
The condition of byways reflects in part the effects that different users have on them, but the condition is also affected by the level of maintenance. There was no evidence of widespread damage to the byway network from motor vehicles, whether they were recreational vehicles or using byways for land management or access to dwellings, although there were sections of byways that had been damaged by vehicles, usually where there was poor or no drainage or soft ground. There was some evidence of the beneficial effect of motor vehicles on some byways where use could prevent ways from becoming overgrown and impassable by motor vehicle and other users.
The full study can be found at the following link;
http://www.defra.gov.uk/wildlife-countryside/cl/mpv/pdf/researchrep-veh.pdf
However the use of unsurfaced ways by motor vehicles as an activity in itself is an emotive issue. The UK Government has felt it right to curb such recreational use as it believes the damage to the ground, the disturbance of peace and quiet and the impact on other users is unacceptable. This is restricting to some extent the recreational driving on unsurfaced ways to a finite number of routes and suggests that the writing may be on the wall for people wanting to motor on unsurfaced rights of way for their own fun.
[edit] Nature and history of byways
Some by-ways that have not been over modernised retain traces of the aggers (or ditches) that originally ran along each side of the lane; good examples of this can be seen along the side of the Roman "Ermine Street" as it crosses through Lincolnshire. By contrast, straight enclosure roads which were laid out between 1760 and 1840 run through the then newly enclosed lands with straight walls or hedges.
Many former Roman roads were later used as convenient parish boundaries – unlike the newer enclosure roads which rarely ran along boundaries but were solely designed to give access from a village to its newly created fields and to the neighbouring villages. The latter can often be seen to bend and change width at the parish boundary and as such reflect the work of the different surveyors who had each built a road from a village to its boundary. If the roads did not meet up exactly, which was quite common, a sharp double bend would result.
Many British byways are sinuous, as the poet G. K. Chesterton famously said:
- The rolling English drunkard made the rolling English road,
- A reeling road, a rolling road, that rambles round the shire . . .
- A merry road, a mazy road, and such as we did tread
- The night we went to Birmingham by way of Beachy Head.
[edit] See also
Rights of way in England and Wales
Rights of way in Scotland
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