Public Footpaths (England & Wales)
CTC View (formal statement of CTC's policy):
- The public footpath network offers the only realistic option for providing significantly more off-road routes to meet current and future demands. The Scottish Land Reform Act (2003) gave cyclists lawful access to most countryside in Scotland. Its success suggests that public footpaths in England and Wales could be similarly opened to cyclists as a simple remedy to overcome the lack of off-road routes for cyclists and the fragmented nature of the available route network.
- Rights of Way laws should be amended to permit cycling on footpaths with few limited exceptions only where there are clear location-specific reasons not to do so (e.g. where the increased use of the path would create significant environmental or safety hazards).
- Conflict on rights of way between cyclists and pedestrians is often more perceived than real. It can be mitigated by good design.
- CTC believes that it is acceptable for cyclists to use footpaths, provided they do so in a manner which respects the safety of other road users and their peaceful enjoyment of the outdoors, and with regard for the environment and its ecology. These are the circumstances in which CTC believes it is acceptable for cyclists to ride on footpaths:
- Where the surface and width of the path make it eminently suitable for safe cycling without causing disturbance or risk to pedestrians; or
- Where the path is lightly used, such that the likelihood of disturbance or risk to pedestrians is minimal; or
- Where a path is unlikely to attract such high levels of cycling that it will cause environmental damage (notably erosion); or
- Where there is a reasonable belief that the footpath in question might already carry higher rights – for example:
- where there is historic evidence (e.g. through enclosure award maps) demonstrating past use either by horses or by vehicles
- where the path is shown on OS maps as an ‘Other Road with Public Access’ (ORPA), indicating an assumption that higher rights may exist;
- where there is regular use by equestrians, motor vehicles and/or by other cyclists.
- Where the relevant landowner is a public body or a charity and/or accepts or appears to accept use of the path by cyclists.
- Except where the landowner has expressly permitted cycle use, CTC does not generally support the use of footpaths by larger groups of cyclists – particularly as part of an organised event – as this is more likely to generate complaints.
- In suitable urban situations and where footpaths would form convenient links for cyclists, councils should seek to revoke cycling restrictions and prohibitions.
- Councils should stringently assess the impact of ‘gating orders’ on cycling and prioritise alternatives where a public footpath forms a convenient through route.
- There is good evidence, although no direct case law, to support the view that pushing a cycle on a footpath is not illegal. The presence of obstacles such as stiles should not be considered a deterrent to a footpath’s use by cyclists.
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Publication Date:February 2014