REPORT OF THE

EXECUTIVE MEMBER

RECREATION AND HERITAGE

PART II

POLICY FOR THE USE AND MANAGEMENT OF MOTOR VEHICLES ON RIGHTS OF WAY AND UNSURFACED ROADS IN THE COUNTRYSIDE

1. The Executive Member has approved a policy regarding the use and management of motor vehicles on rights of way and unsurfaced roads in the countryside. She has done so with the agreement of the Executive Member for Environment, who supports the policy insofar as his responsibilities are concerned.

2. The policy is intended to be a clear, reasonable and proportionate approach which seeks to reconcile access with the rights of people to the quiet and safe enjoyment of the countryside. It has been developed with the Hampshire Countryside Access Forum, and relates particularly to rights of access represented by Byways Open to All Traffic. These are parts of the rights of way network that can be used by the public on foot, on horseback, on a bicycle or in a motor vehicle, and represent about 6% of the total 3,000 mile network of rights of way in Hampshire.

3. The County Council has responsibilities for the recording, management and protection of the highway network, which includes public rights of way (public footpaths, bridleways, restricted byways and byways open to all traffic) as well as the public road network. Claims of highway rights will continue to be dealt with on the evidence by the Regulatory Committee as at present. The purpose of the policy now adopted is to provide ways of managing lawful public access, eliminating unlawful use and mitigating any damage. The County Council therefore:

· Recognises the rights that motor vehicle users have to access parts of the rights of way and unsurfaced road network.


· Does not encourage this activity but acknowledges that responsible use on some routes can be sustained.


· Will take action to limit or prevent access by motor vehicles if this use is damaging to the route or local environment, or conflicts with the reasonable interests of walkers, riders, cyclists or carriage drivers, and to that end will apply its policy on the use of Traffic Regulation Orders on rights of way.


· Will prioritise repair and maintenance to benefit non-motorised users on Byways Open to All Traffic, with repair work on unclassified roads to be undertaken to a standard which is commensurate with the level and type of public use.


· Will endeavour to ensure that surface damage caused by private use of the route (eg agricultural/forestry vehicles) is made good by those responsible.


· Will work to encourage responsible behaviour by all countryside users and a better understanding of the network.


· Has a legal duty to record all public rights of way on the definitive map, and welcomes discussion with interested parties at an early stage in the inquiry process to agree common ground and minimise expense, since the investigation of applications to modify the definitive map can be controversial, time consuming and expensive.


· Is opposed to the unlawful use of motor vehicles on rights of way and unsurfaced roads, and will work with the police and others to prevent such access and take action against offenders.

4. The policy on the basis set out above will enable the County Council to manage lawful motor vehicle use and to take action to overcome the problems posed by unlawful use. It therefore contributes to all three of the County Council's corporate priorities.

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