Chapter 10: Maintenance
Scroll down for the supplement to Chapter 10.
Links and downloads referred to in the text of Chapter 10
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| 290 | Footpaths (British Trust for Conservation Volunteers, 2001) | link |
| 290 | Making the best of byways (A practical guide for local authorities managing and maintaining byways which carry motor vehicles) (Defra, 2005) | download |
| 290 | On the right track: surface requirements for shared use routes (excluding mechanically propelled vehicles) (Natural England, CA213, 2005) | download |
Supplement to the text of Chapter 10
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10.4.3 Replace existing text with: “10.4.3 What kind of surface? The effect of section 49(4) of the Countryside and Rights of Way Act 2000 Provisions, subsequently repealed, in WCA 1981 s 54(7) and CA 1968 Sch 3 state that nothing in those sections, or in WCA 1981 s 53, obliged a highway authority to provide, on a way shown on a definitive map as a byway, a metalled carriageway or a carriageway which was by any other means provided with a surface suitable for the passage of vehicles. This provision was reportedly taken by some authorities to mean that depiction of a way as a byway in some way reduced their liability to maintain it. It is submitted that this was an incorrect reading of the provisions, and that their correct interpretation was that the effect of an order under WCA 1981 s 53 or s 54, or the reclassification of a RUPP as a byway under CA 1968, was to leave unchanged the extent of maintenance liability on a particular way. CRWA 2000 s 49(4) re-states and extends the provision in relation to the reclassification by that Act of RUPPs as restricted byways, and the requirement that any way so reclassified will be maintainable at public expense. It states that nothing in ss 48 or 49 obliges a highway authority to provide on any way a metalled carriageway or a carriageway which is by any other means provided with a surface suitable for cycles or other vehicles. “ |
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| 282 | 10.6.1 The new HA 1980 s 147ZA provision was brought into force in Wales from 1 April 2007 by the Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006. The Welsh Assembly Government has issued statutory guidance to local authorities in Wales on the provisions. | download the guidance link to order |
| 282 | 10.6.1 The new HA 1980 s 147ZA provision was brought into force in England from 1 October 2007 by the Countryside and Rights of Way Act 2000 (Commencement No. 14) Order 2006. Defra has issued non-statutory guidance to local authorities in England on the provisions. | linkto the guidance link to order |
| 286 | 10.7.1, footnote 44 Advice formerly in circular 2/1993 is now, for authorities in England, in Defra circular 1/09, paragraph 6.5. | download |
| 290 | Further Reading Guidance “Understanding the British Standard for Gaps Gates and Stiles: BS5709:2006 explained” has been published by the Pittecroft Trust. | link to the Trust’s website |