It is a statutory offence to drive a vehicle along a bridleway in the absence of a private right to do so.
It is not a statutory offence to ride a horse or a bicycle along a footpath, unless there is a bye-law or a traffic regulation order prohibiting that activity, but a person doing so without the permission of the landowner commits a civil trespass, and the landowner can order them off, and where appropriate, sue for damages. All the rules and regulations that apply on other highways also apply on rights of way. It is an offence to cycle on a bridleway or byway either recklessly, carelessly or without consideration for other users. Vehicles used on byways must be properly taxed, registered and insured.
As public rights of way are by definition highways, they can only be used for bona fide journeys. The traveller can do anything reasonably ancillary to the journey, such as pausing to look at the map, or sitting down for a rest, but any activity not directly referable to the right of passage can be an act of trespass. One example of when a landowner successfully sued for trespass was in 1900, against a journalist who walked up and down a right of way taking notes on the performance of racehorses training on the adjoining ground. Although this may seem trivial, it does underline the limit to the public’s use of a right of way. It is, as the name describes, only the right of passage.
Trespass
If you enter someone else’s land without permission or right to do so, such as right of way, this is trespass. There are also conditions attached to the public’s use of the land, and if you contravene these you will be trespassing. If you do trespass, it is only in exceptional cases a criminal offence (see below), although if you cause loss or damage you can be prosecuted. If you trespass and a landowner asks you to leave or to return to the right of way, you should do so, and you must be allowed to do so freely. If a trespasser fails to leave when asked, depending on the circumstances, reasonable force may be used to make them leave.
Under the Criminal Justice and Public Order Act 1994, the offence of aggravated trespass has been created. A person may commit this offence if they trespass on land in the open air with the intention of disrupting someone else’s lawful activity. Time will tell whether there are any circumstances in which genuine walkers may put themselves at risk of prosecution. It is a criminal offence to trespass on railway and Ministry of Defence land.
Carrying tools
It is usually considered permissible for a walker to carry, as part of his right of passage, light tools such as secateurs for cutting back odd pieces of overhanging growth. However, the carrying of any heavy tools such as a saw might be considered evidence that the person was not a bona fide traveller, but was out on purpose to remove an obstruction. The removal of such an obstruction might constitute damage of property.
