§ The Earl of Mar and Kellieasked Her Majesty's Government:
Whether a motor cyclist riding on a public footpath with the landowner's consent requires a vehicle licence and insurance. [HL420]
§ Lord WhittyA vehicle excise licence is required under the Vehicle Excise and Registration Act 1994 whenever a mechanically propelled vehicle which is not an exempt vehicle is used on a public road. A "public88WA road" for this purpose is, in England and Wales, a road repairable at the public expense. In Scotland, it is a road which a roads authority has a duty to maintain.
Under the Road Traffic Act 1988 insurance is required when a motor vehicle is used on a road. A "road" for this purpose in England and Wales means a highway (including a public footpath or bridleway) or other road to which the public has access. In Scotland, a "road" means any way over which there is a public right of passage and any other way to which the public has access.
The application of the law to individual cases depends on the particular circumstances.