Not all unsurfaced highways are robust enough for use by motor vehicles. Ruts and mud, for example, can make them difficult or impossible for cycling ...
CTC View (formal statement of CTC's policy):
- CTC accepts that licenced recreational motor vehicles (2 & 4 wheel) have a legal right to use BOATs and UUCRs.
- Not all of these highways, however, are robust enough for use by motor vehicles, so they should be managed to avoid stirring up mud and creating ruts.
- Cyclists and other non-motorised users go to the countryside for quiet recreation. Unmanaged motorised use of unsurfaced highways is incompatible with this, particularly where these vehicles, especially motorcycles, are inadequately silenced.
- If, after a reasonable time, voluntary management fails to remedy a damaged highway, or is not implemented, then a Traffic Regulation Order (TRO) should be sought to prevent motorised vehicular use.
- The police should implement robust policies to discourage illegal use by unlicenced and/or unsilenced vehicles.
- Use by tractors as part of agricultural or forestry practice can also be extremely damaging, and where this occurs the Highway Authority (HA) and landowner/tenant should agree on measures to allow unimpeded use by cycles.
- Where, following extensive discussions, an HA fails to maintain a highway that is ‘out of repair’, then, if the route is an important link, consideration should be given to serving the authority with a Highways Act section 561 notice requiring them to repair it suitably.
What is a Boat? A byway open to all traffic is a highway open to all classes of traffic including motor vehicles. It may not be maintained to the same standard as an ordinary road.
What is an UUCR? An unsurfaced, unclassified road is repairable by the local authority, but access rights may not be clear and subject to dispute. It is ‘unclassified’ because it has not been categorised as an A, B or C road.