§ Lord Denningasked Her Majesty's Government:
Whether, in cases where a modification order has been made under Section 53 of the Wildlife and Countryside Act 1981 and confirmed by the Secretary of State so as to turn a footpath into a byway open to all traffic, it is open to the organisers of car rallies and drivers of four-wheel drives and 88WA motor cycles to use the way as of right against the wishes of the landowner; and whether, if he puts up a gate to stop them, he will be guilty of an offence.
§ The Parliamentary Under-Secretary of State, Department of the Environment (Lord Strathclyde)The effect of such an order is to confirm that vehicular rights have been found to exist, and that the public can use vehicles on the route in question as of right. Motoring events on the highway, including those on Byways Open to all Traffic (BOATs), are authorised by the Royal Automobile Club and regulated by the Motor Vehicles (Competitions and Trial) Regulations 1969. However promotion or participation in a race or trial of speed between motor vehicles on any public highway is an offence under the Road Traffic Act 1988. Under section 137 of the Highways Act 1980, if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence. The erection of a gate over a BOAT without lawful authority could also be a nuisance at common law.