Vehicles and the law

Your responsibilities:

All countryside users should follow the countryside code - for vehicle users, a code of conduct is provided by the All Wheel Drive Club. Please also see the information on responsible behaviour on the 'Where can I drive?' page in this section. If your off-road vehicle is new to you it is worthwhile having instruction from a professional organisation or club before you venture on to unmade roads. In Hampshire your most serious problem may be scratches to the bodywork, but in other parts of the country the routes can be more challenging.

If using paths, you should obviously be careful not to stray from the correct line – look at information on way-marking and following Rights of Way. You should be aware that the same legal requirements for yourself and your vehicle apply on Rights of Way as on the road network, both being classed as 'highway' - for example, you must hold a valid licence, wear a seatbelt/crash helmet and the vehicle must be roadworthy. As users of the road network, you should also follow the Highway Code and be aware of advice on Road Safety.

Many vehicle users take part in an annual event known as 'Green Lane Day' where volunteers get together to clear, repair and clean up green lanes for the benefit of all users. Work like this has done much to combat the sometimes negative image of vehicles in the countryside.

Unfortunately, County Councils regularly receive complaints about vehicle use of the countryside, but it is widely acknowledged that much of this is due to local youngsters using stolen motorcycles and sometimes stolen cars. Drivers/riders belonging to the organisations listed on this site are generally responsible and thoughtful in their use of the countryside.

What if there’s a problem?
For sites, contact the site managers with any problems.

The Countryside Service is responsible for ensuring that public rights of way in Hampshire are kept in good condition for public use. This work includes the maintenance of surfaces and structures such as bridges and boardwalks. The service liases with landowners who are responsible for stiles and ensuring that paths across fields are clear of crops and other obstructions such as fallen trees, rubbish or an unofficial barrier. If you would like to report a problem, please contact the County Council information centres on 0800 028 0888 or use the comments form.

The future of access to the countryside:
The Countryside and Rights of Way Act 2000 is the culmination of much lobbying and campaigning by interest groups over several decades, and makes some important steps towards providing better, and more, access.

The Act requires every highway authority (county and unitary councils) and National Park Authority to set up a ‘Local Access Forum’; this is the site of the Hampshire Countryside Access Forum, which is the local access forum for Hampshire (excluding the New Forest), Portsmouth and Southampton. The aim of the forum is to provide guidance and contribute towards improving opportunities to enjoy Hampshire’s countryside and coast.

End date for recording Rights of Way
The Act has imposed a cut-off date of 2026 for the recording of Rights of Way on the definitive map held by each county and unitary authority. Many motor vehicle users believe that there are a large number of routes which qualify to be byways but are either not shown at all on the definitive map or are shown as a right of way with lower rights (footpath, bridleway or restricted byway). A great deal of research is needed to prove these rights and the 'Discovering Lost Ways' project is contributing to this, as well as the organisations listed on the 'Local vehicle groups' page on this site - see also 'New Class of Right of Way' below.

Rights of Way Improvement Plans
The Act also requires every county/unitary authority to produce 'Rights of Way Improvement Plans' (ROWIPs); Hampshire's Countryside Service was chosen to provide national pilot ROWIPs in two areas (the Forest of Bere and the Forest of Eversley) and we advised in detail on these. As a result, we advised on a process for producing plans for the remaining areas across the county, which was subsequently adopted by the County Council.  Progress on these plans is shown on the Hampshire County Council web-site.

Whilst encouraging, in some detail, better provision for walkers, cyclists and equestrians, the guidance to local authorities on producing Rights of Way Improvement Plans are neutral with regard to motor vehicles:

'...the process may identify demand for recreational motoring in the countryside. In so far as motor vehicles are lawfully able to use local public rights of way, local highway authorities will need to consider how to respond to this and whether there are ways to manage demand.'

New Class of Right of Way
The Act required all RUPPs (roads used as a public path) to be reclassified, as the legal definition of a RUPP was unclear. Therefore a new class of Right of Way was established, known as a 'Restricted Byway', which allows walking, cycling, horse-riding and carriage-driving but not motorised vehicles. In 2006, all of Hampshire's RUPPS were reclassified as Restricted Byways; however, vehicle users have submitted over 150 claims for routes which they believe carry vehicle rights and therefore should be recorded as Byways (in nearly all cases, these are currently recorded as Restricted Byways).