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Repeal section 67 of the NERC Act

Comment 20th July 2010

Many vehicle user groups, who had previously carefully researched and recorded  vehicular evidence for the routes they (legitimately) used, contributed to the intention to get the Definitive Map up-to-date before the cut off date of 2026, as proscribed by the CROW Act.

This they did by submitting substantive evidence into the official  Definitive Map Modification Order application system.  And it is pertinent to record that when meeting with representatives of the vehicle users at this time the then Secretary of State for the Environment actively encouraged vehicle users to participate in up-dating the DM by this DMMO process.

It is therefore iniquitous that applications made for Byways Open to All Traffic (BOATS) were subsequently cut off by section 67 of the NERC Act: at 2005 rather than 2026 – which remained for all other classes of rights of way. Previously sound BOAT applications which had already been accepted and recorded onto  the Highway Authority's Register (a statutory document) were now deemed ineligable if they had not been received before January 2005.  

So for one class of citizen ( vehicle users) their right to equal consideration before the law had been severely curtailed and to make matters even worse the introduction of this aspect of the NERC legislation was back dated in a deliberate attempt to exclude as many of the existing well researched applications as possible.

Why?  Because surprised by the vehicle user group's ability to produce good solid evidence for vehicular rights over old unsurfaced roads the anti-vehicular lobby through often disingenuous information and unscrupulous lobbying succeeded in introducing ammendents to a Bill originally intended for quite another purpose. 

This chicanery will result in a Definitive Map which will not record our truthful heritage.

It will also deprive the public of its full rights – to the advantage of a few.

We need to redress this injustice.

 

 

Why does this matter?

I believe it is necessessry to repeal s.67 NERC Act because it propogates a lie and unless it is repealed its injustice will stand in the way of any future attempt by parliament to encourage members of the public to contribute to improving the common good.

 


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