Prior to the start of this century, vehicles were allowed on many footpaths and bridleways. But all that changed with the Countryside and Rights of Wat Act 2000 and the later Natural Environment and Rural Communities Act 2006 (NERCA).
For our purposes here, there are two types of vehicles. Mechanically propelled vehicles and other vehicles. Motor vehicles are mechanically propelled, whereas pedal cycles and horse-drawn carriages are not. Mobility scooters fall somewhere in between as they are mechanically propelled but have an exception to most, but not all, the regulations.
It has always been an offence to drive a vehicle on a footpath if it is only a footpath. However, many footpaths are also roads. They are listed on the List of Streets Maintainable at Public Expense. These routes are dual status. Before NERCA, vehicles were permitted on these routes.
However, NERCA removed the vehicular rights that existed over routes that were also footpaths or bridleways. As such, many miles of historic old roads have been lost. Many of these are now overgrown as they do not have occasional vehicles trundling along them to maintain their character. Worse still, an increasing number have simply been ploughed out. That is, the landowner has removed the old road surface to incorporate the way into their field, and the historic road's character has been lost forever.
There are some exceptions to NERCA removing rights. These include the main lawful use by the public in the period 2001 to 2006 being by motor vehicle. This clause was included to prevent surfaced estate roads from having their vehicle rights removed. The need for such a convoluted clause to be added late in the process of drawing up the legislation shows this wasn't properly thought through at the time.
Where does that leave us now?
There are a few footpaths and bridleways where vehicles still have a right to use them. However, this should never be assumed. Any which do have vehicular rights should be claimed as Byways Open to All Traffic (BOATs).
The vast majority of footpaths and bridleways cannot be used by vehicles.
This is where the distinction between vehicles comes in. Using a mechanically propelled vehicle on a footpath is a criminal offence. However, it is trespass for vehicles that are not mechanically propelled and therefore a civil matter.
Although vehicles are not permitted on footpaths, the penalty for using a motor vehicle is significantly greater than for other vehicles.
What about landowners?
Landowners and people with the landowner's permission can use vehicles on a footpath. As can the highway authority in order to carry out repairs. Similarly, statutory undertakers (electricity and gas companies for example) can drive on footpaths to access their equipment.
As with many laws in the UK, anyone is permitted for the purpose of "saving life or extinguishing fire", but in most everyday cases we hope this will not be necessary.
Protecting the network
Our rich network of public rights of way needs protection. Using the network legally, sensibly and sustainably is the best way to protect our historic ways. Then making sure that the Definitive Map and the List of Streets Maintainable at Public Expense are up to date and correct.
There is a clear process to update the Definitive Map. It is through a Definitive Map Modification Order (DMMO). Although straightforward, they are often involved and very lengthy before any changes actually happen.