Vehicles in Bell Lane
This is a brief summary of statements and regulations from a variety of official and unofficial sources as they affect Bell Lane and its use by vehicles.
Please note that this is not legal advice and you should not rely on anything in this web site without taking appropriate legal advice from a qualified person as it will depend on individual circumstances.
Please note that this is not legal advice and you should not rely on anything in this web site without taking appropriate legal advice from a qualified person as it will depend on individual circumstances.
Classification and Access
Bell Lane is classified by the local council as a Bridleway.
The public may access the lane on foot or on horseback. It is illegal to do anything that would prevent them and they have priority over other users. Cyclists may also use the lane but there is no obligation to make it possible.
There is no public right of access for motor vehicles. It is an automatic offence to drive a motorised vehicle on a Bridleway and there are substantial penalties. If challenged a driver must prove that they have the right to do so.
Residents in Bell Lane typically have the right to access their property using a motor vehicle if it says so in their deeds. The boundaries of many properties in the lane extend over the lane itself. So they may also have the right to pass over other people's property and they must grant the same right to other residents.
Residents can extend this right of access to visitors to their property. This means that the post and other delivery services can reach their property.
There is no automatic right to park a vehicle on the lane. Residents may park on their own land which may include the lane immediately outside their house, but only if it does not restrict access to other legitimate users. Parking outside other people’s property requires their permission as the parking would be on someone else’s land.
Driving Behaviour
All the normal offences that can be committed by a driver on a public highway can still apply to a bridleway. So careless, dangerous, or drunken driving are still offences. The police have additional powers to seize vehicles that are being driven in an anti-social way.
Anyone driving a vehicle in Bell Lane without a legitimate reason is liable to an automatic fine and possible confiscation of the vehicle.
People driving with permission may still be prosecuted for driving without due care and consideration.
On Bridleways the most relevant legislation is Section 59 of the Police Reform Act 2002. This gave the Police wide-ranging powers to seize vehicles that were being driven carelessly on publicly accessible land.
All the normal offences that can be committed by a driver on a public highway can still apply to a bridleway. So careless, dangerous, or drunken driving are still offences. The police have additional powers to seize vehicles that are being driven in an anti-social way.
Anyone driving a vehicle in Bell Lane without a legitimate reason is liable to an automatic fine and possible confiscation of the vehicle.
People driving with permission may still be prosecuted for driving without due care and consideration.
On Bridleways the most relevant legislation is Section 59 of the Police Reform Act 2002. This gave the Police wide-ranging powers to seize vehicles that were being driven carelessly on publicly accessible land.
“Section 59 gives the police new powers to deal with the anti-social use of motor vehicles on public roads or off-road. It includes powers to stop and to seize and to remove motor vehicles where they are being driven on the public road or other public place without due care and attention or reasonable consideration for other road users, contrary to section 3 of the 1988 Act (as substituted by section 2 of the Road Traffic Act 1991”
The law was created to stop inappropriate use of vehicles that annoy the public and place people at risk. It stops offenders who disrupt the quality of life of others at homes nearby or horse riders or pedestrians.
In order to exercise these powers it is only necessary for the police to witness an offence or receive a formal complaint that a vehicle is being driven in a manner defined as;
“Likely to cause alarm, distress or annoyance to members of the public”
On receipt of a complaint the Police may seize the offending vehicle immediately or they may issue a warning. This warning will give notice that in the event of another complaint concerning the vehicle it will be seized automatically and only returned to the owner on payment of the recovery and storage costs. It also means that if the driver in question is reported again within a year the vehicle that he is driving at the time of the second offence will be seized, regardless of who owns it.
Note that this is entirely at the discretion of the Police. It does not require a court verdict.
In order to exercise these powers it is only necessary for the police to witness an offence or receive a formal complaint that a vehicle is being driven in a manner defined as;
“Likely to cause alarm, distress or annoyance to members of the public”
On receipt of a complaint the Police may seize the offending vehicle immediately or they may issue a warning. This warning will give notice that in the event of another complaint concerning the vehicle it will be seized automatically and only returned to the owner on payment of the recovery and storage costs. It also means that if the driver in question is reported again within a year the vehicle that he is driving at the time of the second offence will be seized, regardless of who owns it.
Note that this is entirely at the discretion of the Police. It does not require a court verdict.
Making a Section 59 Complaint
Anyone may make a formal complaint but it must be in writing. It must also be specific in the details of the vehicle and the event and the distress caused. In principle the evidence must be sufficient to support a charge of careless or inconsiderate driving.
“I thought he was driving too fast” - is no good.
“He drove past me so fast that I was showered in mud and dust” - is much better.
The Police may act on the complaint and they do not have to reveal the identity of the complainant. However to prevent frivolous or vexatious complaints if the accused elects to go to court then the complainant will be required to give evidence in public and their details will be disclosed.
Anyone may make a formal complaint but it must be in writing. It must also be specific in the details of the vehicle and the event and the distress caused. In principle the evidence must be sufficient to support a charge of careless or inconsiderate driving.
“I thought he was driving too fast” - is no good.
“He drove past me so fast that I was showered in mud and dust” - is much better.
The Police may act on the complaint and they do not have to reveal the identity of the complainant. However to prevent frivolous or vexatious complaints if the accused elects to go to court then the complainant will be required to give evidence in public and their details will be disclosed.