[OSM-talk] Map Feature default |was: Re: Annotation presets]

matthew-osm at newtoncomputing.co.uk matthew-osm at newtoncomputing.co.uk
Wed Sep 13 02:09:46 BST 2006


On Wed, Sep 13, 2006 at 01:35:15AM +0100, matthew-osm at newtoncomputing.co.uk wrote:
> "Footpath means a highway over which the public have a right of way on foot
> only, not being a footway [Section 329(1) Highways Act 1980]."
> 
> "Footway means a way comprised in a highway, which also comprises a carriageway,
> being a way over which the public has a right of way on foot only [Section
> 329(1) Highways Act 1980]. Footways are the pedestrian paths alongside a
> carriageway, and are often referred to as a pavement."
> 
> So pedestrians *only* have a _right of way_ on a countryside footpath. However,
> (as another document pointed out) if cycling isn't banned by traffic order or by
> the landowner then there is nothing that says you can't... until you are told
> not to.

Hmm, thinking about this a bit more, without a right of way one would be
trespassing. Therefore as the only thing that grants access across the
countryside (apart from landowner's permission) is the footpath for foot only,
cycling is trespass. Of course, that doesn't mean to say that you can't get away
with it! This argument doesn't work in Scotland either.

IANAL :-)... I _am_ going to bed now though!

-- 
Matthew




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