Where you can drive off-road

Many people with a 4x4, a trail bike or a quad would like to drive it somewhere other than a road. In England and Wales, that is allowed in some places and an offence in others.

The offence

Section 34 of the Road Traffic Act 1988 makes it an offence to drive a mechanically propelled vehicle "without lawful authority" on common land, moorland or any other land that is not part of a road. The same applies to driving on a footpath, bridleway or restricted byway.

A way shown on the definitive map and statement as a footpath, bridleway or restricted byway counts as one, unless someone proves otherwise.

Exceptions in the Act

A driver commits no offence by driving onto land within 15 yards of a road only to park there. The road has to be one where a motor vehicle may lawfully be driven.

A court will not convict a driver who proves they drove there to save a life, put out a fire or deal with a similar emergency.

Rights of way that allow motor vehicles

GOV.UK lists four kinds of public right of way. Footpaths are for walking and running, and bridleways add horse riding and bicycles. Restricted byways are for any transport without a motor.

Byways open to all traffic are for any kind of transport, including cars. GOV.UK adds that walkers, cyclists and horse riders use them most. People can find the routes on Ordnance Survey and other maps, and on some council websites.

On open access land, where people have the right to roam, GOV.UK says people cannot usually drive a vehicle.

When the police can take the vehicle

Section 59 of the Police Reform Act 2002 gives a police officer in uniform extra powers. The officer can use them where they have reasonable grounds for believing a vehicle is being, or has been, driven against section 34 in a way that causes, or is likely to cause, alarm, distress or annoyance to the public.

The officer can order the driver to stop. They can also seize and remove the vehicle.

Private land

GOV.UK says people may be able to use private land where the landowner has agreed, which is sometimes called permissive access. Its examples are walking, cycling and horse riding.

In a 2013 GOV.UK news story about greenlaning on Salisbury Plain, a volunteer with Tread Lightly said green lanes are not a place for mud-plugging. The same volunteer pointed drivers to "pay and play" sites, where a driver can test a vehicle to its limits.

Natural England and Natural Resources Wales publish the Countryside Code for anyone visiting the countryside.

Useful links