Part 6Rights of way

Rights of way and mechanically propelled vehicles

I1I268Presumed dedication of restricted byways and use by pedal cycles etc.

1

Amend section 31 of the Highways Act 1980 (c. 66) (dedication of highway presumed after public use for 20 years) as follows.

2

After subsection (1) insert—

1A

Subsection (1)—

a

is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but

b

applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles.

3

After subsection (10) insert—

10A

Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way.

4

After subsection (11) insert—

12

For the purposes of subsection (1A) “mechanically propelled vehicle” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle).