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Brought up, and read the First time.
Mr. Paice: I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker: With this it will be convenient to discuss the following:
New clause 10Driving a mechanically propelled vehicle on a footpath or bridleway or restricted byway (No. 2)
New clause 21Evidence that a way is a restricted byway
New clause 23Regulation of cycle racing on public ways
Amendment No. 6, in clause 62, page 24, line 35, leave out 'commencement' and insert '19th May 2005'.
Amendment No. 7, in page 25, line 13, leave out 'commencement' and insert '19th May 2005'.
Amendment No. 12, in page 25, line 14, leave out
Amendment No. 13, in page 25, line 19, leave out from 'way' to end and insert
Amendment No. 11, in clause 97, page 40, line 5, leave out from 'force' to end of line 8 and insert 'upon enactment'.
Mr. Paice: I suspect that this group of new clauses and amendments, which deals with the Government's proposals to change legislation on rights of way for mechanically propelled vehicles, will engage hon. Members on both sides of the House more than any other tonight. I want to start by re-emphasising the Opposition's support for clauses 61 and 62. We need to ensure that there is peaceful and quiet use of our byways wherever possible, especially given the ample evidence of the damage that is being done to a number of them by motorised vehicles.
There is increasing public concern about four-wheel drive vehicles and motor bikes making many byways impassable for pedestrians and horse riders. Ample photographic evidence of the damage caused by their use has been circulated to members of the Committee, and much of it has been sent to other hon. Members. The Minister has seen it all and, indeed, witnessed the damage for himself, as have I and my right hon. and hon. Friends. I do not intend to rehearse the arguments that the Government have already made for clauses 61 and 62, but I want to say a few words about what may well be perceived as unusual: Opposition support for regulation instead of the voluntary approach. We have concluded that, in this instance, regulation is necessary.
Such regulation is necessary because, first, the damage that is being done to the natural environmentthe terrain and the surface of bywaysshould be linked, if possible, to the responsibility for that and, in turn, for its repair. Even if agreement could be reached with the membership of the bodies who represent some of the people who use these routesthe Trail Riders Fellowship or the Green Lane Associationthere is no
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guarantee that all users will be members of those bodies. The agreement would not apply to everyone who drives vehicles of different sorts along BOATs.
Secondly, there is ample evidenceagain, it has been provided to the Ministerthat many members of the TRF see the present attempt at a voluntary approach as simply a means of heading off the legislation without serious intent of complying with it. We made it clear in Committee that an alternative approach would be for people to use private land for off-roading and to pay a fee for doing so. That fee could cover the cost of repair. That would be akin to the existing arrangement in different parts of the country for horse riding, where long routes have been devised by adjoining land owners. The riders pay a fee to the landowners and wear some sort of insignia, badge or armband that allows them to ride for many miles. There is no reason why that cannot be done for motorised vehicles.
Mr. Henry Bellingham (North-West Norfolk) (Con): My hon. Friend has looked at the issue carefully. Does he agree that until recently if someone wanted to drive off-road in a four-wheel drive vehicle they had to go along a vehicular right of way? Now many farms and estates offer facilities for off-road driving. Therefore, the time has probably come to say to these people "There are plenty of facilities. You do not need to damage bridleways and vehicular rights of way."
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