Q&As

Can a vehicular right of way be granted over a cycle path and how would this be documented?

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Published on LexisPSL on 26/08/2016

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a vehicular right of way be granted over a cycle path and how would this be documented?
  • The Road Traffic Act 1988 and specific statutory exceptions
  • Easements and lawful authority
  • Mechanism

Can a vehicular right of way be granted over a cycle path and how would this be documented?

As defined in section 329 of the Highways Act 1980 (HiA 1980), a 'cycle track' is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles) with or without a right of way on foot. Cycle tracks can be created either from scratch or by the conversion of footpaths and footways. See Practice Note: Legal procedures for creating cycle tracks.

The Road Traffic Act 1988 and specific statutory exceptions

Pursuant to section 21(1) of the Road Traffic Act 1988 (RTA 1988), it is an offence to drive or park a mechanically propelled vehicle wholly or partly on a cycle track without lawful authority. There are three statutory exceptions which may give an individual lawful authority to do so:

  1. that the vehicle was driven or parked on the cycle path for the

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