Highways Act 1980

134 Ploughing of footpath or bridleway

(1) Where a footpath or bridleway crosses agricultural land or land which is being brought into use for agriculture, then, if—

(a) it is proposed in accordance with the rules of good husbandry to plough the land, and

(b) it is convenient, in so ploughing the land, to plough the path or way together with the rest of the land,

the public right of way shall be subject to the condition that the occupier shall have the right, subject to the following provisions of this section, to plough the path or way as well as the rest of the land.

(2) This section does not confer any right to plough so much of a footpath or bridleway as follows what are for the time being the headlands or sides of a field or enclosure.

(3) Before ploughing a footpath or bridleway in the exercise of the right conferred by this section the occupier shall give to the highway authority for the path or way not less than 7 days' notice of his intention to plough it.

(4) Subject to section 135 below, where a footpath or bridleway is ploughed in die exercise of the right conferred by this section the occupier of the land shall as soon as may be after the ploughing is completed and in any event—

(a) not later than 6 weeks from the date of giving notice of intention to plough under subsection (3) above, or

(b) if, in contravention of that subsection, no such notice was given, not later than 3 weeks from the time when the occupier began to plough the footpath or bridleway,

make good the surface of the path or way so as to make it reasonably convenient for the exercise of the public right of way.

(5) A person who fails to comply with subsection (3) or (4) above is guilty of an offence and liable—

(a) in the case of a failure to comply with subsection (3), to a fine not exceeding £10,

(b) in the case of a failure to comply with subsection (4), to a fine not exceeding £200;

and where a person is convicted of failing to comply with subsection (4) and the offence is continued after the conviction he is guilty of a further offence and liable to a fine not exceeding £1 for each day on which the offence is so continued.

(6) It is the duty of a highway authority to enforce the provisions of subsections (3) to (5) above as respects any footpath or bridleway for which they are the highway authority; and subject to subsection (7) below no proceedings in respect of an offence under those provisions shall be brought except by the authority required by this subsection to enforce those provisions as respects the path or way in question.

(7) Proceedings in respect of an offence under subsection (4) above may be brought by the council of the parish or community in which the path or way in question is situated or by the council of the district within whose area the path or way is situated.

(8) Without prejudice to subsections (6) and (7) above, if a footpath or bridleway is ploughed and the occupier has no right to plough it, or if there is a failure to comply with subsection (4) above, a competent authority, after giving to the occupier not less than 14 days' notice of their intention, may take all necessary steps for making good the surface of the path or way so as to make it reasonably convenient for the exercise of the public right of way.

(9) A competent authority may recover from the occupier the amount of any expenses reasonably incurred by the authority in and in connection with the exercise of their powers under subsection (8) above.

(10) For the purposes of subsections (8) and (9) above the following are competent authorities—

(a) in the case of a footpath or bridleway which is for the time being maintained by a district council by virtue of section 42 or 50 above, that council and also the highway authority, and

(b) in the case of any other footpath or bridleway, the highway authority.

(11) Nothing in this section prejudices any limitation or condition having effect apart from this section.