Road Traffic Act 1988, section 34

Prohibition of driving mechanically propelled vehicles elsewhere than on roads

Part I Principal Road Safety Provisions

(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 M5Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless F159. . . the contrary is proved.

[F160 (2A)It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was—

(a)shown in a definitive map and statement as a road used as a public path, and

(b)in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.F160]

(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 M6Law 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)Subsection (2) above [F161 doesF161] not extend to Scotland.

(7)In this section—

  • “definitive map and statement” has the same meaning as in Part III of the M7 Wildlife and Countryside Act 1981;

  • [F162 “interest”, in relation to land, includes any estate in land and any right over land (whether exercisable by virtue of the ownership of an estate or interest in the land or by virtue of a licence or agreement) and, in particular, includes rights of common and sporting rights; F162]

  • “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” means a way over which the public have restricted byway rights within the meaning of Part II of the Countryside and Rights of Way Act 2000 , with or without a right to drive animals of any description along the way, but no other rights of way.

[F163 (8)A person—

(a)entering any land in exercise of rights conferred by virtue of section 2(1) of the Countryside and Rights of Way Act 2000, or

(b)entering any land which is treated by section 15(1) of that Act as being accessible to the public apart from that Act,

is not for the purposes of subsection (2A) a visitor to the land.F163,F158]]

Definitions used in section 34 6

drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
mechanically propelled vehicle

(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 ,

Defined in s.21(3) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
footpath

“footpath”, in relation to England and Wales, means a way over which the public have a right of way on foot only,

Defined in s.192(1) · see it in the full Act

in relation to Scotland, have the same meanings as in the Roads (Scotland) Act 1984 , and “footpath”, in relation to Scotland, means a way over which the public have a right of way on foot only (whether or not associated with a carriageway).

Defined in s.192(2) · see it in the full Act
bridleway

“bridleway” means a way over which the public have the following, but no other, rights of way: a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way,

Defined in s.192(1) · see it in the full Act
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act

Cases considering section 34 13

T W Logistics Ltd v Essex County Council and another

[2021] UKSC 4 · 12 February 2021

Continued vehicular use by the owner and authorised port users was with lawful authority because the owner retained the legal right to continue its established activities (see para [88]).

Bakewell Management Limited (Respondents) v. Brandwood and others (Appellants)

[2004] UKHL 14 · 1 April 2004Interprets

The provision recognises that an owner may give the authority needed to prevent off-road vehicular use from constituting an offence. That capacity supports prescription where the right could lawfully have been granted (see para [5]). The words “without lawful authority” have the same relevant effect as those in section 193(4) of the Law of Property Act 1925. Where the landowner could lawfully authorise the use, breach of the subsection does not itself prevent prescription or presumed dedication (see paras [23]-[24]; [38]; [40]-[43]).

Hayling v Harper & Anor

[2003] EWCA Civ 1147 · 2 April 2003Interprets

Interpreted and applied to treat driving a motor vehicle on the public footpath as an offence unless the driver had lawful authority from the relevant landowner. The illegality prevented acquisition of a vehicular easement by post-1930 prescription or lost modern grant. (see paras [9]-[18])

1 more judgment, and what each says about section 34, are in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F158S. 34 substituted (30.1.2001) by 2000 c. 37, ss. 67, 103(2), Sch. 7 para. 5
  2. F159Words in s. 34(2) repealed (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(3), 105(2), 107, Sch. 12; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
  3. F160S. 34(2A) inserted (E.W.) (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(4), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
  4. F161Words in s. 34(6) substituted (E.W.) (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(5), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
  5. F162Words in s. 34(7) inserted (E.W.) (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(6), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
  6. F163S. 34(8) inserted (E.W.) (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(7), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2

Modifications

  1. C32S. 34 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 16(5), 17(6) (with Sch. 12)

Extent

  1. E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Marginal citations

  1. M51981 c. 69.
  2. M61925 c. 20.
  3. M71981 c. 69.