127 Footpaths, bridleways [F1, restricted byways] and byways open to all traffic.E+W
(1)In relation to any footpath, bridleway [F2, restricted byway] or byway open to all traffic—
(a)any reference in section 2(3) or 14 of this Act to pedestrians shall be construed as including a reference to persons to whom subsection (2) below applies, and
(b)any reference in any provision of this Act (except this section) to traffic shall be construed as including a reference to pedestrians and to persons to whom that subsection applies.
(2)This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.
(3)In this section—
(a)“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road; and
(b)“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.
(4)For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway [F2, restricted byway] or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.
(5)This section does not extend to Scotland.
Textual Amendments
F1Words in s. 127 sidenote inserted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(2), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279
F2Words in s. 127(1)(4) inserted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(2), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279
Modifications etc. (not altering text)
C1S. 127 applied (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279