BOAT

[David A. Ashcroft]

Is the use of recreational 4x4's on unsurface tracks in keeping with the aims of the National Park?  Surely it conflicts with enhansement, tranquility. natural beauty and the enjoyment of the peace of the countryside.  There are thousands of miles of tracks that due to motorised transport have had to be tarmaced to allow all users to use them. Why then do the last remaining unsurfaced ROW seem to be the target for some irresponsible motorised vehicle users who claim they have the right to ruin at the detriment of the non motorised.  Maybe the time to call a halt and save the ratepayers expense by closing all BOATs to motorised vehicles. Many of the BOATs near here are now impassable to anything other than 4X4s and the ratepayer in the county could be paying £100s of thousands to repair the damage only to see it happen again.  Also who has the right of way motors, horses. bicycles or walkers?

[Colin Wells]

 The use of 4x4s, motorcycles or any other Mechanically Propelled Vehicle [M.P.V.] on unsurfaced tracks is not in keeping with the aims of the National Park. However the use of M.P.V.s on Byways Open to All Traffic [B.O.A.T.s] and Other Routes with Public Access [O.R.P.A.] with vehicular rights, is and must be in keeping with the aims of the National Park.

 These Rights Of Way, approx. 2% of the total R.O.W., and the road network, existed long before the S.D.N.P. was even thought of and so should be managed as a part of the Park not be closed except as a last resort. Irresponsible, even responsible, use of any road by any user be it 4x4, horse, motorcycle, cycle or walker will cause wear to the surface not to mention farm vehicles and animals, wind, rain. snow and ice. [I'll support any ban on these last two!]

 Management of the R.O.W. within any National Park is a very delicate problem. Closing all the B.O.A.T.s is a bit like closing a shop to stop shoplifting! It punishes everyone for the actions of a few, but doesn't stop the fewer who'll just break in!

[John Vannuffel]

Legally speaking I believe that the vehicle - wether it be car, horse and cart, bicycle or motorbike (all of these are vehicles in law) has the right of way on a public carriageway - being either a byway or restricted byway. The rules of the road are the same wether the road has tarmac on it or not. Some of the BOAT's in SDNP used to be made up, tarmacced, roads.

 However, the highway code states that you should drive with consideration for other road users. When on a BOAT, which is descibed in law as being  mainly for the puposes which footpaths and bridlepaths are used for, then it is implied (in my interpretation) that motorists should give way to other road users.

 

This is also reflected in recreational motorists user groups codes of conduct.

 

In practice it's extremely rare to meet another road user on a BOAT. BOAT's are few and far between in SDNP and rarely in "honeypot" locations. Part of the attraction of motoring them is that one discovers parts of the countryside rarely visited by others.

 

 

 

[Colin Wells]

Who has right of way?

Not sure of the legalities, but as a trail motorcycle rider this is what I try to do:

 If meeting a horse rider coming towards me I'll get as far of the track as possible and switch off my engine and lights and wait until the horse is a reasonable distance away before restarting.

 If coming up behind a horse I'll keep well back until the rider pulls off of the track and then pass slowly and as quietly as possible.

Cyclists and walkers coming towards me I'll slow down and give them as much room as possible.

Coming up behind a cyclist or walker I'll slow down, make sure they're aware of my presence, and then pass them giving them as much room as possible.

With a 4x4 coming towards me I'll assess the situation, can I get out of his way? or will he stop to let me pass?

Coming up behind a 4x4 I'l make sure he knows I'm behind him and wait until he pulls over.

Other motorcycles I'll get out of the way if I can.

The most important thing is to slow down immediately and make sure other users are aware of your presence before passing them, especially horses. I've ridden like this for over 30 years and have had very few problems, except from people who wont accept that what I am doing is legal.  

[John Vannuffel]

Some more information for pedestrians regarding legality of using a Public Carriageway (Which includes BOAT's and Restricted Byway's) can be found here:

 

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070108

 

The Highway Code also advises  (it's advice, not law) that dogs are kept on a short lead when on a pavement, road or path that is shared with cyclists or horse riders.

 

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069853

 

There has been concerns raised on this forum that cyclists (particularly mountainbikers) do not always give way to walkers and horses. Cyclists are only oblidged to do this on bridlepaths, as Restricted Byways (which all RUPP's have now become) are Public Carriageways, vehicle users (including cyclists) have right of way. It's worth bearing this in mind with particular reference to the South Downs Way. Much of the SDW is Restricted Byway, The Highway Code advises that pedestrians should keep to the side of the road (carriageway) in single file on the right hand side. Equestrians should keep to the left of the Carriageway and not ride two abreast.

 

The advice in the Highway Code, and Road Law, are also applicable to those exercising private motoring rights on public rights of way, whatever the status of that right of way may be. For example a Landowner driving an agricultural vehicle along a restricted byway has right of way over a group of walkers and the walkers should walk single file on the right hand side so as to allow the vehicle to pass. Walkers failing to do this could be found to be wilfully obstructing the highway, an offence under sec 137 of the Highways Act 1980. Likewise an agricultural vehicle holding up a long que of following traffic on a made up road also causes an obstruction. 

 

Any motor vehicle using a public right of way, wether private, public or agricultural, must be registered, insured and display a valid VED disc. A valid MOT certificate, or MOT exemption, is also required.  For example this applies to quadbikes following the Hunt on Bridlepaths, tractors on footpaths and recreational 4x4's on BOAT's.

 

I highlight private and agricultural motorvehicle use as, in many cases, this accounts for the majority of  motor traffic on unsurfaced rights of way in SDNP. The BOAT's that are in the worst condition in the E Sussex Section of SDNP have had Traffic Regulation orders in place that prohibit public motor vehicle use for around 20 years. Restricting the publics rights to enjoy these routes has not improved the road surface or amenity value of them.

 

 

 

 

 

 

[Bob Stammers]

Bad behaviour is often cited as a reason to ban things: cars, motorcycles, guns, hoodies, whatever.

Such bans are rarely effective because bad behaviour is usually carried out by people who disregard the rules anyway.  Bans should only be enacted for sound principle, not as a means of curbing bad behaviour.

[Darren Rolfe]

A right exists for law abiding, responsible people to access the countryside on BOATS. It is all of our duty to defend that right, whether we agree with it or not, it is the same principles as Fox hunting, dogs off leads in nesting season, promoted routes across nature conservation areas, etc etc.

The majority of the rights of way using general public are reasonable and sensible