The NERC Bill

[Medieval Dave]

I guess people know the NERC (natuaral Environment and Rural COmmunities) bill has passed in the lords.

We've lost the majority of green lanes - officialy we've lost 60% of lanes we could legaly drive at the start of the week but with the new powers for TRO's it could be more.

If you have any favorite lanes that are shown as Rupp's or ORPA's or dual status UCR's or whites, you better get out and drive them in the next couple of weeks and say goodbye.

Dave

[codlord]

So is there any guidance or knowledge of what (if anything) IS still legally driveable? Anyone know?

Was planning a wales laning trip in a month or so and would be nice to know where I stand (or whether its no point in even bothering now?).

[laser_jock@work]

So is there any guidance or knowledge of what (if anything) IS still legally driveable? Anyone know?

Was planning a wales laning trip in a month or so and would be nice to know where I stand (or whether its no point in even bothering now?).

Just go anyway. Can't see this law being that well enforced/policed given the confusion that still exists!

It's certainly not going to put me off going anywhere I used to go.

[Medieval Dave]

So is there any guidance or knowledge of what (if anything) IS still legally driveable? Anyone know?

Was planning a wales laning trip in a month or so and would be nice to know where I stand (or whether its no point in even bothering now?).

There is no clear information.

Firstly all Rupps are lost, unless they had an upgrade application in place prior to the backdated inception of the bill, so no-one knows how to find out, and how long the claims in before that will be before acceptance/rejection, or what is the status between royal assent and the acceptance or rejection of the claim.

Secondly there is no royal assent date so we don't know when it becomes law.

The correct answer is to phone the relavant council and ask the ROW officer, but he won't know either, as far as I know there is no answer to be had.

also it is not clear if you could be in the wrong unless there is a sign up to tell you the status has changed. I believe that is the case by precident, if not by statute, when a TRO order temporarily closes a ROW. even if the police think you are in the wrong, it's not clear they have any powers but to ask you to leave (as long as you do), can they issue a section 59? are you recklessly misusing a motor vehicle if there is no informaiton to tell you what you are doing is wrong? who knows

I'm not in any position to give advise. But if it was me I would go, be carefull, and curtious, and obey any signs. it might be a last chance for a lot of these roads. Take a camera and document where you went and the enterances used.

Dave

[phoebelala]

There is no clear information.

Firstly all Rupps are lost, unless they had an upgrade application in place prior to the backdated inception of the bill, so no-one knows how to find out, and how long the claims in before that will be before acceptance/rejection, or what is the status between royal assent and the acceptance or rejection of the claim.

Secondly there is no royal assent date so we don't know when it becomes law.

The correct answer is to phone the relavant council and ask the ROW officer, but he won't know either, as far as I know there is no answer to be had.

also it is not clear if you could be in the wrong unless there is a sign up to tell you the status has changed. I believe that is the case by precident, if not by statute, when a TRO order temporarily closes a ROW. even if the police think you are in the wrong, it's not clear they have any powers but to ask you to leave (as long as you do), can they issue a section 59? are you recklessly misusing a motor vehicle if there is no informaiton to tell you what you are doing is wrong? who knows

I'm not in any position to give advise. But if it was me I would go, be carefull, and curtious, and obey any signs. it might be a last chance for a lot of these roads. Take a camera and document where you went and the enterances used.

Dave

So all pretty straightforward to understand then
Why can't these fools just leave things alone?

[Guest]

One positive note is that it seems that DEFRA will be looking to sponsor the creation of some more off road sites and areas along the lines of the US. This was in Total Off Road this month. Shame about the RUPPs however at least this might clarify the situation once and for all and get all the opposing parties to calm down.

[Medieval Dave]

So all pretty straightforward to understand then
Why can't these fools just leave things alone?

Why can't you live in a suburban semi, drive a mondeo, have 2.4 children, vote labour, and spend your time working and watching television until you die, as the government quite reasonably has told you too. Where do you get this unreasonable idea that you have the right to rock the boat by expressing an opinion or doing something just because you enjoy it.

[Medieval Dave]

Read it and weep.

Thats it - Walna is gone forever. Garburn will be gone forever in a matter of weeks, along with many of the countries most impressive green lanes

See below for a letter I got from the LDNP - straight from the horse's mouth

The Natural Environment and Rural Communities (NERC) Bill that is currently passing through Parliament could curtail trail riding, if it goes through in its current form.



There a number of different types of non tarmac route that trail riders can use. Byways Open to All Traffic (BOATs) have proven vehicular rights and are recorded on the Definitive Map. We have 13 of these in the National Park. Unclassified County Roads (UCRs) have presumed vehicular rights because they are recorded in the List of Public Streets of all highways that are maintainable at public expense. There are 64 of these in the National Park. We also have routes that are UCRs but are also recorded as footpaths or bridleways on the Definitive Map. There are 31 of these in the National Park. This is where the NERC legislation bites. Government has said that when this legislation is passed (expected April/ May 2006) then the right of way status on the Definitive Map will hold precedence over any other rights which will then be extinguished. Therefore these 31 ‘dual status’ routes that trail bikes and 4x4s have been using as vehicular highways will no longer be available and they will just become footpaths or bridleways. Almost a third of the routes we manage as vehicular will therefore be lost. They include Garburn Pass, Walna Scar and many routes in Grizedale. They will no longer be available to ride once the legislation is passed.



The NERC Bill had its second reading in the House of Lords before Christmas and was recommended to the House in its current form. The Lords has also said that claims to upgrade routes to BOAT status will not be allowed unless they were submitted before 19 May 2005, which is when the NERC Bill was first published. The Bill is going through the Committee stages now which is the last time any amendments can be made. Keep in touch around Easter time for further developments. I’d just like to stress that this is not the result of a Lake District National Park Authority policy – this is primary legislation from central Government and affects all of England and Wales.



We are currently working on how we will inform all users of this. Obviously it is an important task and will involve information on our website, press releases and letters to individuals and clubs. We also have to decide how we get the information across out on site and how we enforce the new legislation once it comes in.