Part X General and Supplementary Provisions

C1127 Footpaths, bridleways F1, restricted byways and byways open to all traffic.

1

In relation to any footpath, bridleway F2, restricted byway or byway open to all traffic—

a

any reference in section 2(3) or 14 of this Act to pedestrians shall be construed as including a reference to persons to whom subsection (2) below applies, and

b

any reference in any provision of this Act (except this section) to traffic shall be construed as including a reference to pedestrians and to persons to whom that subsection applies.

2

This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.

3

In this section—

a

“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road; and

b

“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.

4

For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway F2, restricted byway or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.

5

This section does not extend to Scotland.