§ The Minister for Rural Affairs and Local Environmental Quality (Alun Michael)I have become acutely aware of the growing concerns about problems caused by the use of mechanically propelled vehicles on80WS rights of way. This can clearly be a real problem in some areas, and I have seen a number of examples during visits to different regions of the country.
In response to these concerns, I have reviewed the Government's policy on the use of vehicles in the countryside and am pleased to say that I am today publishing a public consultation paper; "Use of mechanically propelled vehicles on rights of way".
In this paper I offer new proposals that are intended to address what many have come to view as the inappropriate and unsustainable way in which vehicular rights are acquired and claimed on rights of way.
At present, historic evidence of use by horse drawn vehicles or dedications for vehicular use at a time before the internal combustion engine existed, can give rise to rights to use modern mechanically propelled vehicles.
The consultation paper proposes that any historic evidence or use dating from a time when it could not have been envisaged that the way would be used by the sort of mechanically propelled vehicles we have today should only enable that way to be recorded as a right of way for vehicles that are not mechanically propelled. We believe the new category of "restricted byway" provides this opportunity. These proposals go directly to the heart of issues that have been highlighted by EDMs 1589 and 1589A.
In addition, I want to promote better enforcement of the offences available to deal with illegal or inappropriate use of vehicles on rights of way. I have reexamined the many offences already available, including those under the Road Traffic Act 1988, and the new powers under sections 59 and 60 of the Police Reform Act 2002. These provisions appear to be under-utilised and I propose to better inform enforcement authorities on their use and point to examples of good practice in applying these provisions.
I also have to announce that we will not be implementing new section 34A of the Road Traffic Act 1988 as we have met with a human rights difficulty that cannot be overcome. Section 34A sought to limit, except in narrowly defined circumstances, the availability of a defence when charged with driving on certain categories of rights of way under section 34 of the Road Traffic Act. On further consideration, we have concluded it is not possible to implement the provision in a way which will not contravene Article 6(2) of the European Convention on Human Rights, which requires the presumption of innocence in criminal trials until guilt is proven. But I believe the new proposals in the consultation paper go more directly to the root of the vehicular problem so I hope that any disappointment that section 34A is not being implemented will be outweighed by our new proposals.
Copies of the consultation paper have been deposited in the House Library. The closing date for consultation responses is 19 March 2004.