Part IX Lawful and Unlawful Interference With Highways and Streets

Obstruction of highways and streets

137AF1 Interference by crops.

1

Where a crop other than grass has been sown or planted on any agricultural land the occupier of the land shall from time to time take such steps as may be necessary—

a

to ensure that the line on the ground of any relevant highway on the land is so indicated to not less than its minimum width as to be apparent to members of the public wishing to use the highway; and

b

to prevent the crop from so encroaching on any relevant highway, whether passing over that or adjoining land, as to render it inconvenient for the exercise of the public right of way.

2

For the purposes of subsection (1) above, a crop shall be treated as encroaching on a highway if, and only if, any part of the crop grows on, or otherwise extends onto or over, the highway in such a way as to reduce the apparent width of the highway to less than its minimum width.

3

For the purposes of the application of subsection (1) above in the case of a particular crop, the crop shall be treated as grass if, and only if—

a

it is of a variety or mixture commonly used for pasture, silage or haymaking, whether or not it is intended for such a use in that case; and

b

it is not a cereal crop.

4

If the occupier fails to comply with the duty imposed by subsection (1) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

5

Without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to enforce the provisions of this section.

6

In this section—

  • “minimum width”, in relation to a highway, has the same meaning as in Schedule 12A to this Act; and

  • “relevant highways” means—

a

a footpath,

b

a bridleway, or

c

any other highway which consists of or comprises a carriageway other than a made-up carriageway.