Driving on common land
28 November 2017
We are aware that there has been some debate about the legalities of driving on common land, in relation to land at New Road Common, Kendal.
Our position is as follows:
- 34 (1) of the Road Traffic Act 1988 makes it a criminal offence for a person without lawful authority to drive on a common.
- 34 (3) does state that it is not an offence to drive within 15 yards of a road for the purpose of parking on that land. However, s.34 (5) goes on to say that s.34 of the Road Traffic Act 1988 does not prevent the operation of s.193 of the Law of Property Act 1925, or any byelaws applying to any land.
- 193 of the Law of Property Act 1925 sets out rights of the public to access commons that were in the area of a borough or urban district council prior to April 1974.
- 193 (1) (c) states that the rights of access do not extend to driving on common land.
The bye-laws that are in place also make it a criminal offence to drive on the common without our consent.
For the avoidance of doubt, we do not consent to anyone driving on that part of New Road Common which has had vehicular access restricted.