Written question asked by Terry Rooney (Labour), in the House of Commons. It was due for an answer on Tuesday, 22 July 1997. It was answered by Michael Meacher (Labour) on Tuesday, 22 July 1997 on behalf of the Department of the Environment, Transport and the Regions.

Dept of the Environment Transport and the Regions

Question: Statement on advice he proposes to issue on definitive maps and statements in the light of recent High Court judgements.

Answer: Mr. Rooney: To ask the Secretary of State for the Environment, Transport and the Regions what advice he proposes to issue on definitive maps and statements in the light of recent High Court judgments. [10384] Mr. Meacher: We have been looking at the implications of a recent High Court judgment for the evidence that is required to prove that vehicular rights of way have been established through regular use. We have concluded that vehicular rights cannot be claimed through 20 years' use, under section 31 of the Highways Act 1980, if access to the route in question was prohibited by the Road Traffic Acts during any of those 20 years. The fact that people have driven along a footpath or bridleway does not mean that it has ceased to be a footpath or bridleway. Vehicle users will not be able to claim new rights of way on the basis of past use unless the landowner has dedicated a way for their use.

Secondary information

Type: Written question
Reference: 10384; 298 c493W;298 c491W
Session: 1997-98
Subjects: Judgements Motor vehicles Maps Public footpaths Road traffic Rights of way Bridleways
Legislation: Highways Act 1980