Circumstances affecting the usage of rights of way
Dogs
Where a dog effectively prevents the use of a path by behaving in a threatening manner, it constitutes a nuisance at public law. It is often extremely difficult to prove that a dog is either dangerous or intimidating path users. The police are informed of all reported incidents.
Bulls
It is an offence punishable by a fine to keep a bull in a field or enclosure crossed by a public right of way, unless the bull is under eleven months old, or is not one of the recognised dairy breeds and is accompanied by cows or heifers. Recognised dairy breeds are currently defined as Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
Horses
Horse riding on a public footpath without the owner's consent is a civil trespass against the landowner. A district council has the power to make a bye-law prohibiting horse riding on a footpath, this power is usually only used on urban footpaths.
Dangerous animals
It is an offence to keep any animal, including bulls which would otherwise be legal, and horses, in a field crossed by a right of way if the animal is known to be dangerous. The owner may be liable for damages and prosecution under Section 2 of the 1972 Animals Act or the Health and Safety at work Act 1974.
Intimidation
In some instances, the right to use a public right of way may be challenged by the landowner in such a way that no physical obstruction takes place. The county council has a statutory duty to protect the rights of the public to the use of public rights of way and this duty is wide enough for appropriate action to be taken to prevent intimidatory tactics. (Section 130 of Highways Act, 1980).
Motor vehicles
It is an offence for any person to drive on a public footpath or bridleway without lawful authority, i.e. the landowner's consent. Even if consent is given, it is an offence to drive recklessly, carelessly or inconsiderately on a highway.
The onus is on any person driving on a footpath or bridleway to prove lawful authority.
The police should be informed of all incidents, together with registration marks if possible. (Sections 2, 3 and 34 of Road Traffic Act, 1988).
