Byways Open to All Traffic (BOATs)

by Rosemary Horsey, Vice President of CPRE Hampshire

This government is the first to acknowledge the absurdity of a situation in which historic evidence of use by horse-drawn vehicles in previous centuries, before the internal combustion engine existed, can give rise to the right for modern mechanically propelled vehicles to use a track. In January it published its proposals for new legislation to close this loophole. However, the proposed legislation will not be retrospective and all applications that are in the pipeline will be "processed to a final determination". As there is no prospect of the House of Commons considering the matter until well after the General Election and as there is to be a year's grace during which applications can continue to be lodged, it is feared that there will be few - if any - eligible green lanes remaining by the time the new law takes effect.

The prospect of this new legislation is producing a surge in the number of applications being received by highways authorities all over the country to upgrade rights of way to Byway Open to All Traffic (BOAT) status. In our own county Hampshire County Council has received over sixty BOAT applications since the New Year: this has more than doubled its backlog and many more applications are expected. There are serious implications and CPRE is involved, along with others, in discussions as to how the problem can best be addressed.

Parish councils are usually the first to be notified by the trailriders of a forthcoming BOAT application and CPRE Hampshire received requests for advice from some worried parish councils who were unsure what they should do. We thought it would be helpful to draw up a factsheet which would give guidance on the procedure and this has now been sent to all the parish councils in the county. It seems to have been very well received. If anyone would like a copy, please contact Rosemary Horsey on 01794 388256 or horsey@lineone.net.

May 2006