Using public rights of way

FAQs about what you can and can't do on a public right of way.

Q: Can I stop on a right of way?

A: You may stop to rest, admire the view, make a sketch, take a photograph, have a picnic or do other things incidental to your journey but you must not obstruct other people when you do so.

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Q: Do I have a right to take a wheelchair or pushchair on a public right of way?

A: You may take a wheelchair or a pushchair along any public right of way, although it may not be practical to do so.

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Q: Can I cycle on a footpath?

A: There is no right to cycle along public footpaths. It is not an offence to ride on a footpath, but may be a trespass against the landowner. However, it is an offence to ride on a pavement beside a carriageway and also where a traffic regulation order or a bylaw is in place to prohibit cycling. Cyclists may use bridleways, byways open to all traffic and restricted byways. They must give way to walkers and horse riders on bridleways.

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Q: Can I ride a horse on a footpath?

A: This is not an offence unless horse riding is prohibited by a traffic regulation order or a bylaw but it may be a trespass against the owner of the land. It is possible that "higher rights" may exist that have not yet been recorded, and if so it would not constitute trespass.

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Q: Can I pick fruit, e.g. blackberries whilst on a public right of way (PROW)?

A: Under common law it is not normally an offence to pick fruit growing wild, if it is for personal use and not for resale. Seasonal gathering of blackberries, sloes etc. is normally allowed, provided this is from a right of way or other public place, and that there are no bylaws prohibiting it. It is an offence to pick most wild flowers.

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Q: Is it legal to shoot across a right of way?

A: It is not a specific offence to shoot across a public right of way but to do so could amount to a common law nuisance, wilful obstruction of the highway, a breach of the Health and Safety at Work Act of 1974 or intimidation. It is an offence for anyone except the landowner or occupier (or someone with their permission) to carry and discharge a loaded firearm or air gun in a public place, including any public right of way.

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Q: Are cars or motorcycles allowed to use public rights of way?

A: Vehicles may use byways open to all traffic (unless there is a Traffic Regulation Order (TRO) in place). They may not use footpaths, bridleways or restricted byways - this is a criminal offence if done without lawful authority, or if the motorbike/car is ridden/driven inconsiderately or causes damage. The legislation is enforceable by the Police as for other road traffic offences. Races or speed trials on paths are forbidden. Permission for other types of trials on paths may be sought from the local authority, if the landowner agrees.

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Q: In the countryside, where can I ........

A: Walk, ride my horse, ride my bike, drive my horse-drawn carriage, drive my 4X4 or ride my motorbike?

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Q: What can I do on a right of way?

A: This depends on the status of the route link to definitions, but in general terms you are allowed to "pass and re-pass" (a legal term). Wherever there is a right of way on foot there is also a right to take a pram or pushchair but there may be places where it is not suitable to do so. You are not allowed to do activities such as metal-detecting or flying model aircraft without the landowners permission. If you want to organise an event such as a race you may require permission from the landowner and the county council.

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