Restricted Byway

What is it?

The term ‘Restricted Byway’ was introduced by s.47 of the Countryside and Rights of Way Act 2000. It was a new type of highway, unknown to the common law. On 2 May 06, every route shown in the definitive map and statement as a ‘Road Used as a Public Path’ became reclassified as a Restricted Byway, with some minor exceptions set out in regulations.

Rights on Restricted Byways

In simple terms, it is a highway for all user types except for mechanically propelled vehicles. This is because Section 48 of the 2000 Act sets out the rights that exist on restricted byways as:
   (a) a right of way on foot,
   (b) a right of way on horseback or leading a horse, and
   (c) a right of way for vehicles other than mechanically propelled vehicles.

Regulations

The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006 (SI 2006 No. 1172). (England)

The Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006 (SI 2006 No. 1279). (Wales)