Restricted Byways
A new class of highway called ‘Restricted Byway’ (RB) has been introduced to replace the term ‘Road used as Public Path’ (RUPP). This is due to two new pieces of legislation that came into force on 2 May 2006. From this date new provisions within the Countryside and Rights of Way Act (CROW Act) 2000, together with changes to other highways legislation, require that all ways shown on local authorities’ Definitive Maps as RUPPs are reclassified as RBs.
Concurrently, key rights of way provisions set out in the Natural Environment and Rural Communities Act (NERC Act) 2006 came into force. These largely extinguish all unrecorded public rights of way for motor vehicles, in addition to preventing the use of motor vehicles giving rise to any kind of public right of way.
What is a Restricted Byway?
A Restricted Byway designates a way that can be used by pedestrians, horse-riders, cyclists and horse drawn carts and carriages, as defined in The CROW Act 2000.
The legislative changes mean that it is an offence under the Road Traffic Act 1988 (RTA 88) to drive a motorised vehicle on a restricted byway except in certain circumstances. The NERC Act provides for a right of way where people rely on unrecorded public vehicular rights for access to their property, with an exemption from prosecution under RTA 88.
Claims made before 20 January 2005, under Part 3 of the Wildlife and Countryside Act 1981, to establish new rights for ways to be recorded as byways open to all traffic will be dealt with under the old law due to backdated legislation.
Restricted Byways in Bracknell Forest
The routes in Bracknell Forest that are now Restricted Byways are as follows:
| Parish | Route No | Name |
| Binfield | 17 | Pendry’s Lane |
| Binfield | 21 | Hill Farm Lane |
| Binfield | 23 | Mare Lane |
| Bracknell | 11 | Sandy Lane |
| Crowthorne | 12 | Devil’s Highway |
| Winkfield | 01 | Sandy Lane |
Further information on the relevant sections of The CROW Act 2000 and the key rights of way provisions in the NERC Act can be downloaded by clicking the links on the right.
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