THE RIGHTS OF WAY ACT 1990
In 1990 a new Act of Parliament, The Rights of Way Act 1990, came into effect. This places certain responsibilities on both landowners and Highway Authorities to ensure that Public Rights of Way are available and in a suitable condition to meet the increasing needs and expectations of the public.
The Act still appears to be misunderstood or not applied by many landowners. This is a source of conflict between landowners, local authorities and users. In these notes the term landowner means the occupier who controls the land (blaming the tractor driver or contractor for ploughing out a headland or failing to reinstate a crossfield path is not a defence).
The Rights of Way Act 1990 specifies three main requirements relating to crossfield routes which are the landowners responsibility. Headland routes are dealt with separately. Landowners who have Public Rights of Way under their control should ask themselves three simple questions :-
1. Is the surface convenient to use?
2. Is the line apparent on the ground?
3. Is the route free from obstruction?
If the answer to any of these is NO, then they need to act, before enforcement action is taken. If the answer is YES to all of the questions then they should be thanked for their co-operation.
CROSSFIELD PATHSReturn to top
1. Is the surface convenient to use?
Landowners are not allowed to plough or disturb the surface of a crossfield footpath or bridleway, unless it is necessary to do so. An undisturbed surface is the condition that the Highway Authority and users prefer.
Landowners should consider carefully if ploughing crossfield paths can be avoided. If they have to, they have 14 days from the first disturbance to re-instate the surface to the appropriate width. Any subsequent operation (i.e. drilling etc.) in the same annual cycle must be reinstated within 24 hours. However, the Act does not allow the cultivation and cropping of Roads Used as Public Paths (RUPPs) or Byways.
A convenient surface is considered to be level and firm. Normally, a harrow and roller will provide a suitable surface, depending on soil type and condition. The minimum and maximum widths required are shown below.
2. Is the line apparent on the ground?
The law requires that a route is marked in such a way that it can easily be distinguished from the rest of the field. Wheel marking using a tractor may be sufficient until the crop shows, providing that the wheel marks are wide enough and cannot be confused with other tram lines crossing the field.
A better method is to use stakes or canes to indicate the line of the route. This overcomes the problem of wheelmarks disappearing once the crop emerges. Another method of achieving the requirement of the Act is to leave the surface of the path undrilled.
Emerging crops should be cleared from paths by mechanical means, the use of pesticides is not recommended. The Ministry of Agriculture, Fisheries and Food Green Code states that 'Deliberate application of a pesticide to a right of way is likely to expose those who use the path to a risk to health, particularly until the spray has dried'.
3. Is the route free from obstruction?
Not sowing crops on the surface of the path is obviously the best way of avoiding this offence. Time spent earlier in the season by leaving the surface undrilled to the correct width should automatically deal with later obstruction. Crops that are grown on the route will need to be removed so that the full minimum width is available for use at all times.
Particular care must be taken with tall crops such as oil seed rape and beans, which tend to fall onto the surface of the path. An extra width, equal to the anticipated height of the crop should be cut back as required to ensure the minimum width is clear at all times. An alternative is regular attention to remove fallen obstructing crop.
HEADLAND PATHS
Headland or field edge paths of all types cannot lawfully be ploughed or cultivated. The specified width is normally taken from level ground, clear of the shoulder of the ditch or outer edge of a hedge line. The surface should be level and firm and therefore a headland path at an angle of 45º is not acceptable.
Whilst a landowner is responsible for the crop growing on a crossfield route, the Highway Authority is responsible for natural surface growth on headlands and crossfield paths. Annual surface clearance programmes are operated by many local authorities, anyone concerned about natural surface growth should contact their local authority's Rights of Way staff. The control of side growth from hedges remains the responsibility of the landowner.
SET-ASIDE PASTURE
No action is usually required by the landowner for growth on routes that cross pasture or grass used for silage or hay. Additionally, as no crop is being grown on set-aside land no action need be taken unless you plough or disturb the surface. Reinstatement is then required in the normal way.
MINIMUM WIDTHS
Different categories of public path have different widths, which are also determined by crossfield or headland status. It is important to note that these widths only apply when there is no width recorded in the written Definitive Statement that accompanies each Right of Way. These can be notified to you upon request through your local authority's Rights of Way Office.
Ensuring that the minimum width is always available will normally be sufficient unless a greater width is required. Min. Width Crossfield Footpath 1.0 m (3.3 ft) Headland Footpath 1.5 m (4.9 ft) Crossfield Bridleway 2.0 m (6.6 ft) Headland Bridleway 3.0 m (9.8 ft) Other (Byway/RUPP) 3.0 m (9.8 ft)
ACTION BY THE HIGHWAY AUTHORITY
The Act places specific duties on the Highway Authority to ensure that the law is complied with. The Act allows the authority to enter land and carry out such work, as is required to ensure a route is available, and recover the costs from the landowner.
Timely action by landowners to ensure that all routes on their land meet the requirements of the Act, is the best way of complying with the law and avoiding legal action. Working to the above guide lines has proved to be the key if landowners wish to meet the requirements of the Act with the minimum amount of disruption and avoiding possible legal action resulting from default.