33 Control of use of footpaths [F1, bridleways and restricted byways] for motor vehicle trials.E+W+S
(1)A person must not promote or take part in a trial of any description between motor vehicles on a footpath [F2, bridleway or restricted byway] unless the holding of the trial has been authorised under this section by the local authority.
(2)A local authority shall not give an authorisation under this section unless satisfied that consent in writing to the use of any length of footpath [F2, bridleway or restricted byway] for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of footpath [F2, bridleway or restricted byway] runs, and any such authorisation may be given subject to compliance with such conditions as the authority think fit.
(3)A person who—
(a)contravenes subsection (1) above, or
(b)fails to comply with any conditions subject to which an authorisation under this section has been granted,
is guilty of an offence.
(4)The holding of a trial authorised under this section is not affected by any statutory provision prohibiting or restricting the use of footpaths [F3, bridleways or restricted byways] or a specified footpath [F2, bridleway or restricted byway] ; but this section does not prejudice any right or remedy of a person as having any interest in land.
(5)In this section “local authority”—
(a)in relation to England and Wales, means the council of a county, metropolitan district or London borough, and
(b)in relation to Scotland, means a [F4council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F5(6)In this section “restricted byway” means a way over which the public have restricted byway rights within the meaning of Part 2 of the Countryside and Rights of Way Act 2000, with or without a right to drive animals of any description along the way, but no other rights of way.]
Textual Amendments
F1Words in s. 33 sidenote substituted (E.W.) (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F2Words in s. 33(1)(2)(4) substituted (E.W.) (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F3Words in s. 33(4) substituted (E.W.) (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F4Words in s. 33(5)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 159(3); S.I. 1996/323, art. 4(1)(b)(c)
F5S. 33(6) inserted (E.W.) (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
Modifications etc. (not altering text)
C1S. 33 applied (with modifications) (E.W.) (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1, 2, Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279