Should We Ban or limit Motorised Transport?

First, two confessions:
1 – I used to do some off-roading, so I understand the attraction.
2 – Yes, a few of the images are AI-generated.

I normally pride myself on using only my own photographs, but I don’t have a time machine to return to the 1950s, nor the inclination to wander around in this weather trying to photograph 4x4s.

So, what’s the issue?

Byways are being torn up, damaged and degraded like never before. This makes them difficult or impossible for other legitimate users – walkers, horse riders, cyclists, carriage drivers and everyone in between.

Why is this happening? What has changed, and should we act?

Designation

Byways first appeared in law in 1949 as Roads Used as Public Paths (RUPPs). They were intended to function mainly as footpaths or bridleways, but with underlying vehicular rights.

Little changed until 1981, when the Byway Open to All Traffic (BOAT) category was defined and applied to some RUPPs to clarify their legal status. Then, in the early 2000s, the remaining RUPPs were reclassified as Restricted Byways, carrying every right except motor vehicles.

Until the 1990s, 4x4s and off-road vehicles were niche. Land Rovers dominated, with the occasional Range Rover, Jeep or similar vehicle. They were expensive, required regular maintenance, and were relatively uncommon. Yet the network of RUPPs and BOATs remained largely in good condition. Many could be driven by fairly ordinary cars – I regularly took a (Mini) Metro down green lanes and across Salisbury Plain, and my Talbot Horizon excelled at it, even wading through 18 inches (50cm) of water without too much complaint.

The Rise and Rise of the SUV

Then the millennium arrived, and suddenly almost everyone had a 4×4 or SUV.

Today, around half of new vehicles sold fall into this category. The Mini isn’t any more – it’s the size that a Maxi used to be (if not bigger) and estate cars are almost extinct, the SUV the only option.

These modern vehicles are wider, heavier and vastly more powerful. They tear at the soil and vegetation in a way earlier vehicles never could.

A short-wheelbase Series 3 Land Rover weighed only 1.3 tonnes. A Defender 90 now weighs around 2.2 tonnes, and a Toyota Land Cruiser about 2.6 tonnes. The Series 3 produced between 73–91 hp – hardly comparable to the 400–500 hp of a modern Defender.

Old 4x4s plodded slowly with torque and determination. Modern ones can rip, churn and crush the landscape.

All Creatures Great and Small

When RUPPs were first designated, motor traffic was light. Vehicles were modest, slower, and less intrusive. Users tended to be locals going about farming or rural business. It would have been unusual for someone to travel miles simply to drive a byway.

The image that comes to mind – particularly for those who remember All Creatures Great and Small – is that of a rural vet pottering along a green lane. Not convoys of visitors from urban areas in high-powered, oversized 4x4s.

“I Have a Right; I Paid My Tax”

A common refrain is that people have “paid their tax” and therefore have a right to use byways with vehicles. You hear a similar argument from some non-motorised users, including cyclists.

However, Vehicle Excise Duty and Fuel Duty do not fund the maintenance of Public Rights of Way – or indeed most local roads. These taxes fund the national strategic road network.

Local roads and Public Rights of Way are funded largely through council tax.

So, if taxation were the basis for claiming priority, arguably only local residents would have a stronger claim certainly not visitors travelling long distances to drive fragile routes. They bring limited economic benefit, yet cause pollution, noise, disturbance and surface damage borne by local communities.

The Good, the Bad, and the Ugly

Not all off-roaders are alike. Many are responsible and contribute to improvements.

The Good

Two excellent examples are the Green Lane Association (GLASS) and the Trail Riders Federation (TRF). Both advocate responsible use, work with local authorities and interest groups, organise events, provide codes of conduct, and help restore and protect routes.

The Bad

Some believe they have an unrestricted right to do as they please. They deliberately block drainage to create deeper mud and take vehicles far beyond the legal highway into woodland or sensitive habitats. Their vehicles are often heavily modified and only marginally road-legal.

The Ugly

A criminal element also uses byways. They will go wherever they choose and are frequently linked to rural crime – machinery theft, livestock theft, burglary, poaching, hare coursing and anti-social behaviour.

Impaired Mobility

There is also a significant number of people who rely on motorised access to reach the countryside – those with limited mobility, health issues or age-related constraints. Their needs should not be overlooked.

And the Rest…

Then there are those who are neither irresponsible nor malicious, but whose modern vehicles unintentionally cause significant collateral damage – simply through weight and power. That would, admittedly, have included me.

Will Electric Vehicles End Off-Roading, or Create a New Dawn?

Electric vehicles are coming, whether we like it or not. Will this change off-roading?

Will the near-silent motors and computer-controlled torque feel less adventurous than the roar of a diesel fighting a hill? There may be more legacy off roading vehicles, especially old style Land Rovers – but then perhaps they’re not the issue, the newer, more powerful vehicles that are not likely to last. * (Well, they might be more likely to last, but Land Rovers have an enduring appeal that seems to encourage people to spend vast sums of money just to keep them working).

Will traditional 4x4s quickly become obsolete?

The biggest change may be in trail riding. Noise is the number-one complaint about motorbikes. Near-silent electric bikes may be far more acceptable to other users.

Damned If We Do, Damned If We Don’t

It’s a genuine Catch-22.

I enjoyed driving to remote and unusual places and never had conflict with other users. I’m saddened that many of the tracks I once used are now closed.

Yet I also see the increasing destruction: heavier vehicles, more powerful vehicles, and simply more vehicles. The byways we have today are not being used in the way envisioned in 1949. Perhaps the designation itself is now outdated.

Maybe, Make an Exception?

We noted earlier that there are responsible organisations. Perhaps future access could be limited to members of such groups, or to organised, controlled trips. Anything outside of that might be deemed illegal.

Perhaps all byways should return to being RUPPs, with the Caveat that they carry Vehicular rights but only to those with permission from the Local authority / Landowner to use them.

Whatever happens, change seems inevitable – and whatever the change, there will be winners and losers.

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What do you think?

Head over to facebook. I will post about this, and i’m sure people will have much to say about it.

https://www.facebook.com/Roaming.the.Paths