Restricted Byway prosecution

[catmandoes]

Hants council have just took their first proceedings against someone using a restricted byway. This is the notification from the Hants GLASS representative.

:frusty: So annoying !!!!


Message from Hants rep for GLASS:

I thought you would like to know that Hampshire has seen its first prosecution for the use of a Restricted Byway (RB) by a motor vehicle. I don't know the exact circumstances but the person prosecuted was the tail-end-Charlie in a convoy of 5 vehicles. Someone took his number and passed it on to the Police. I don't know if the driver was aware that what they were doing was illegal or not. As far as I know the other members of the convoy were not prosecuted. I believe that the lane was one where the land owner had had problems with illegal use before.

It has been illegal to drive Restricted Byways (formerly known as Roads Used as Public Paths (RUPPs)) since May 2006 and the message ought to be getting out there by now. Most lanes signposted as 'Right of Way' in Hampshire are Restricted Byways. HCC are going to be putting up notices that make it clear that these are not legally drivable but it will be some time before all the affected lanes are covered.

For those of you who are officials in clubs please pass the information out to your members.

I have attached the HCC Press Release for your information.


Motorised Users Representative on the HCAF
Hampshire Area Rep for GLASS.

[NJK]

So as long as there is no sign on the sign post then it is still OK to use? But what if someone tears one of these signs down.

[catmandoes]

Well in that case you have a defence in court. A Bit like the speed camera issue. To be lawfully prosercuted the road signage in the area of the camera has to comply with certain regulations.

The requirment to sign is only for rights of way with TRO's though. A restricted byway doesnt require signs as the restriction is permement and your suppose to check the status on a map before hand.

On the subject of TRO's, its appear that Hants cc is doing its very best to interpret the letter of the law and TRO as many lanes as it can leaving the shortest possible vehicle right of way time, which i think is a month and a day.

They have always been one of the most obstructive councils when it comes to vehicle rights off way and are currently applying for loads of TRO lane status changes. Some of our regular haunts round basingstoke may be at risk. By writing a letter of objection, they are forced to start a more lengthy appeals process so its always a good idea to complain.

Im wondering if we should get involved a bit with the Hampshire branch of the Green lanes Association (GLASS), to give more representation in these matters. Ive been a personal member for a couple of years but you can affiliate clubs with them.

[NJK]

Hampshire council bar stewards.

[RED PRED]

I bet the person who makes these pathetic decisions is some desk bound knob who never ventures outside the office or house, or some power crazed bureaucrat who has a penchant for red tape, with which he/she should be bound and gagged .
There is always someone being paid to spoil our fun .