31 August 2007
We received a petition asking:
"We the undersigned petition the Prime Minister to Block amendments to the Highway code to stop people riding horses 2 abreast on the roads, and to formalise horseriders access to cycle paths."
Details of petition:
"The BHS is asking for last-minute amendments to the new Highway Code, which could be in force in August. The BHS suggested amendments to the new Highway Code to the Secretary of State back in February 2006. But according to BHS director of access, safety and welfare Mark Weston, some have apparently been ignored. The Code will forbid riding two horses abreast on narrow and busy roads and when riding around bends. It will also exclude horses from all cycle tracks. There can be many valid reasons for riding two abreast: groups of riders, nervous horses, novice riders, and defensive riding on winding country lanes where there is insufficient room for a car to pass a single horse safely. Breaches of the Highway Code could potentially be used in evidence in any court proceedings under the Traffic Acts in order to establish liability in an accident. There are many cycle tracks which have been specifically designed for use by horse riders, and the loss of these would be very serious for those who rely on them."
Read the Government’s response
Thank you for signing this e-petition about amendments to the Highway Code.
The new edition of the Highway Code will not forbid riding horses two abreast under any circumstances. It will contain advice in rule 53 that horse riders should "never ride more than two abreast, and ride in single file on narrow or busy roads and when riding round bends", but this is not a legal requirement and it does not place any compulsion on riders to ride in single file. It remains their decision whether or not they follow this advice. The distinction between legal requirements and advisory rules is made clear in the Introduction to the Code.
Similar advice is contained in rule 39 of the current edition of the Highway Code, first published in 1999, which says "never ride more than two abreast, and ride in single file where the road narrows or on the approach to a bend".
We have discussed the concerns of the British House Society (BHS) with them and have agreed to keep the operation of this rule under review and to provide further advice on its operation in the BHS Riding and Roadcraft Manual.
The new edition of the Highway Code will not exclude horses from all cycle tracks. Rule 54 will advise that horse riders "should not take a horse onto a cycle track". This has been changed from the equivalent rule 40 in the current (1999) edition, which says "You MUST NOT take a horse on to a footpath, pavement or cycle track". This change is in recognition of the points made by the British Horse Society (BHS) during the 2006 consultation.
However, not all paths that are used by cyclists are cycle tracks, although they may be physically similar if not identical. A "cycle track" has a specific legal meaning as set out in section 329(1) of the Highways Act 1980. Cycle tracks are generally shared with pedestrians but can also be segregated paths for cyclists and pedestrians. Cycle tracks provide a right of way for cyclists with or without a right of way for pedestrians. It is therefore appropriate to advise horse riders not to use cycle tracks and it is, indeed, an offence under section 129(5) of the Roads (Scotland) Act 1984 to ride a horse in a cycle track in Scotland.
Where paths are intended for mixed use, including horses, then they should be designated either as bridleways, all purpose highways or byways open to all traffic rather than cycle tracks. Where a local authority wishes to create a highway for horse riders, pedestrians and cyclists the correct choice of facility would be a bridleway.
The new Highway Code should be published later this year.
Thank you again for signing this e-petition.