The Golden Rule of Public Footpaths: Pedestrian Exclusivity
A fundamental principle of English highway law is that a 'Public Footpath' is dedicated solely for pedestrian passage. This includes walking, running, pushing a pram or pushchair, and operating a manual wheelchair or recognized Class 2/3 invalid carriage.
Many conflicts between landowners, walkers, and cyclists stem from misunderstandings regarding permitted recreational transport. Knowing the exact statutory boundaries protects members of the public from civil trespass and informs landowners of their enforcement rights.
| Activity / Transport | Legally Permitted on Footpath? | Statutory Governing Law | Legal Penalty / Consequence |
|---|---|---|---|
| Walking, Running, Hiking | Yes (100% Permitted) | Highways Act 1980 s328 | Lawful highway use; cannot be restricted |
| Pushchairs & Wheelchairs | Yes (100% Permitted) | Chronically Sick & Disabled Persons Act 1970 | Full statutory right of passage |
| Dogs on Lead / Close Control | Yes (Accompanying walker) | Common Law & CROW Act 2000 | Must stay on path line; off-path is civil trespass |
| Bicycles & Mountain Bikes | No (Unless permissive) | Section 30 Countryside Act 1968 | Civil trespass against landowner; council bylaw fines |
| Electrically Assisted Pedal Cycles (EAPC) | No (Only on bridleways/byways) | Electrically Assisted Pedal Cycles Regs 1983 | Civil trespass; bylaw contravention if prohibited locally |
| Privately Owned E-Scooters | No (Strictly Illegal) | Road Traffic Act 1988 s143 / s165 | Police seizure; £300 fine & up to 6 driving licence points |
| Horses & Equine Riding | No (Only on bridleways/byways) | Highways Act 1980 s329 | Civil trespass; damage claims for churned ground |
| Motorcycles, Quad Bikes, 4x4s | No (Criminal offence) | Road Traffic Act 1988 s34 | Criminal offence: up to £1,000 fine and vehicle confiscation |
Rules for Dogs on Public Footpaths: Close Control & Livestock
Dogs are recognized in common law as legitimate 'usual accompaniments' for pedestrians on a public right of way. However, dog owners must observe strict legal boundaries:
• Staying on the Path: The dog has the right to accompany the walker along the designated right of way. If the dog runs off into private woods or adjacent fields, the owner commits civil trespass.
• Dogs Around Livestock: Under the Dogs (Protection of Livestock) Act 1953, allowing a dog to worry sheep or cattle is a criminal offence. Farmers have a statutory defense under Section 9 of the Animals Act 1971 to shoot dogs that are actively worrying livestock if no other means exist to stop them.
• Public Spaces Protection Orders (PSPOs): Local authorities frequently pass PSPOs requiring dogs to be kept on leads on specific urban paths, churchyards, or nature reserves.
• Dog Fouling: Failing to clean up dog waste on any public right of way violates the Environmental Protection Act 1990, exposing owners to fixed penalty notices of £100 (rising to £1,000 in court).
Always keep your dog on a short lead when crossing fields with sheep, cows, or horses. However, if cattle become aggressive or chase you, national guidance advises releasing the dog immediately—the cattle will follow the dog, allowing you to reach the exit gate safely.
Cycling and Electric Bikes: Why Footpaths Are Not Bridleways
Under Section 30 of the Countryside Act 1968, cyclists enjoy a statutory right to ride on Public Bridleways and Byways, provided they give way to pedestrians and horse riders. However, this right explicitly does NOT extend to Public Footpaths.
Cycling on a public footpath constitutes civil trespass against the owner of the subsoil. If the local highway authority has enacted a specific bylaw or Traffic Regulation Order (TRO) prohibiting cycling on that path, riding a bicycle or e-bike becomes a criminal offence subject to a police or council fine.
Who Is Responsible for Footpath Maintenance?
Maintenance of public footpaths is divided between the local highway authority and the adjoining landowner:
• Surface & Underfoot Conditions: The local council is responsible for the path surface, bridges over natural rivers, and clearing vegetation sprouting up from the path bed.
• Hedges, Trees & Side Overgrowth: The landowner is responsible for cutting back encroaching boundary hedges, trimming overhanging branches up to 2.1m (pedestrian clearance), and removing fallen trees.
• Stiles & Gates: Landowners must keep existing stiles and gates in good repair, with councils subsidising at least 25% of the reasonable expenditure under Section 146 of the Highways Act 1980.
If you encounter an impassable footpath, report it directly to the County or Unitary Council's Public Rights of Way (PRoW) officer. Local councils possess statutory powers under Section 130 of the Highways Act 1980 to serve enforcement notices on non-compliant landowners.
Summary Etiquette & Compliance Checklist for Footpath Users
Observe these core rules when using public rights of way across the UK countryside: