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Reclassification of roads
used as public paths

s there is confusion over exactly what rights the public have over ways shown on definitive maps as roads used as public paths (RUPPs), there is also a provision in the Wildlife and Countryside Act 1981 (section 54) which requires the surveying authority to make definitive map reclassification orders to reclassify each way currently so shown. Each RUPP has to be reclassified:

• As a byway open to all traffic (BOAT) if the public can be shown to have a right of way for vehicles;
• As a bridleway if no rights for vehicles can be shown to exist and bridleway rights have not been shown not to exist;
• As a footpath only if neither of the other options applies.

The formal application procedure described on page 13 applies only to modification orders not to reclassification orders, but otherwise the procedure that orders go through is as described on page 7. Again, this procedure is concerned solely with recording the rights that exist (and can therefore be exercised) already.

Surveying authorities have to consider each RUPP in turn, examining the evidence, including evidence of historical rights, before deciding how to reclassify the RUPP. The condition of the way and its suitability, or otherwise, for motor traffic are not relevant factors that the authority should consider.

In whichever category a RUPP is reclassified, its surface has to be maintained by the authority. However, reclassification as a byway open to all traffic does not place the authority under any extra obligation to surface the way so as to make it suitable for vehicles; nor does reclassification as a byway limit the ability of the authority to make a traffic regulation order under the Road Traffic Regulation Act 1984 to restrict or prohibit the use of the way by all or certain types of user.

Under the Countryside and Rights of Way Act 2000 any authority which has not completed the review of Roads Used as Public Paths will now be able to re-classify them automatically as restricted byways, which will be available for use on foot, horseback, cycle and non-motorised vehicles.