Countryside and Rights of Way Bill - continued        House of Lords

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SCHEDULE 7
 
  DRIVING OF MECHANICALLY PROPELLED VEHICLES ELSEWHERE THAN ON ROADS
 
National Parks and Access to the Countryside Act 1949 (c. 97)
     1. In section 51(1) of the National Parks and Access to the Countryside Act 1949 (general provisions as to long-distance routes), for "not being a motor vehicle" there is substituted "not being a mechanically propelled vehicle".
 
 
Countryside Act 1968 (c. 41)
     2. - (1) Section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is amended as follows.
 
      (2) In subsection (1), for "not being a motor vehicle" there is substituted "not being a mechanically propelled vehicle".
 
      (3) For subsection (5) there is substituted-
 
 
    "(5) In this section "mechanically propelled vehicle" does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988."
 
 
Chronically Sick and Disabled Persons Act 1970 (c. 44)
     3. In section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways), in subsection (1)(b) after "sections 1 to 4," there is inserted "21, 34,".
 
 
Road Traffic Act 1988 (c. 52)
     4. - (1) Section 21 of the Road Traffic Act 1988 (prohibition of driving or parking on cycle tracks) is amended as follows.
 
      (2) In subsection (1), for "motor" there is substituted "mechanically propelled".
 
      (3) In subsection (3), after paragraph (a) there is inserted-
 
 
    "(aa) in subsection (1) "mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act,".
     5. For section 34 of that Act there is substituted-
 
 
"Prohibition of driving mechanically propelled vehicles elsewhere than on roads.     34. - (1) Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle-
 
    (a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
 
    (b) on any road being a footpath, bridleway or restricted byway,
       he is guilty of an offence.
 
      (2) For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless prima facie evidence is adduced to the contrary.
 
      (3) It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.
 
      (4) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.
 
      (5) It is hereby declared that nothing in this section prejudices the operation of-
 
 
    (a) section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), or
 
    (b) any byelaws applying to any land,
       or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.
 
      (6) In this section-
 
 
    "definitive map and statement" has the same meaning as in Part III of the Wildlife and Countryside Act 1981;
 
    "mechanically propelled vehicle" does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act; and
 
    "restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.".
 
Road Traffic Offenders Act 1988 (c. 53)
     6. In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the second column of the entry in Part I relating to section 34 of the Road Traffic Act 1988, for "motor" there is substituted "mechanically propelled".
 
     7. In Schedule 3 to that Act (fixed penalty offences), in the second column of the entry relating to section 34 of the Road Traffic Act 1988, for "motor" there is substituted "mechanically propelled".
 
 
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