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Barriers such as gates and bollards are often uses to keep unsanctioned activities from happening on the trail, but they can compromise access to the trail for wheelchair users. It is imperative that these elements are constructed to ensure accessible entry for all users.

In Merthyr, the local rights of way network (footpaths, bridleways and cycle paths) suffers abuse from off-road motorcycles and quad bikes which disrupt the community and cause safety concerns.

In order to address these issues, historically, barriers have been installed at a number of known “hot spots”. Although this approach has been somewhat successful, barriers have also compromised, and in many cases, prevented, legitimate users using their preferred routes. The challenge for the Council is to identify a solution that deters motorcycles and quad bikes whilst maintaining adequate and safe access for all legitimate users.

In 2023, the Council reviewed the existing barriers along the Taff and Trevithick trail to provide a consistent evidence based approach for considering requests for removal of barriers, based on principles of fairness, reasonableness and proportionality. Due to changes in legislation, design standards and good practice, a number of barriers were removed.

The next time you step over a stile, or cycle through a tight chicane, perhaps pause and think how this impacts vulnerable users.

While off-road bikes can be used by riders who have permission from someone who owns the land, it is illegal to ride them anywhere else.

In addition, off-road bikes must not be used on a public highway to access private land and off-road bikes must not cause alarm, harassment or distress to local residents and the wider community.

it is illegal to drive or ride a mechanically propelled vehicle without lawful authority on common land, moorland or land not forming part of a road, or on any road which is a footpath, bridleway or restricted byway.

It should be noted that unsurfaced unclassified roads (often know as green roads or green lanes) and byways open to all traffic (BOATs) are roads, so riders would need to have a driving licence and insurance, and the vehicle must be taxed and registered (as per the Road Traffic Act). To ride on public land (e.g. parks) riders would need the local authority’s permission.

Legislation also covers the use of such vehicles on the road. Both quad bikes and motorbikes must conform to the Road Vehicles (Construction & Use) Regulations 1986 and riders must fulfil various regulations under the Road Traffic Act 1988. This means such bikes must be approved, registered, taxed and have an MOT (if needed) to be used on the road.

There are various legal provisions that could apply when motorised bikes are being ridden off-road:

• Under section 34 of the Road Traffic Act 1988 the driving of motor vehicles off road and on public land is prohibited.
• Persons riding a quad bike could on a footpath, bridleway or restricted bridleway would be guilty of an offence under the Countryside and Rights of Way Act 2000.
• Even if someone has permission to ride a quad bike on land, if they are found to be riding “dangerously” or “carelessly” (as defined by the Road Traffic Act 1991) they would be guilty of an offence even when they are driving off-road.
• Under Section 59 Police Reform Act 2002, officers can seize vehicles which are being used illegally, including prohibited off-road use. There have been occasions where the police have used these powers to seize off-road bikes.
• Noise issues can be dealt with by the local council under statutory nuisance noise legislation as provided by the Environmental Protection Act 1990. This Act places a duty on the local authority to investigate complaints of noise nuisance and serve a noise abatement notice against people who cause a “statutory nuisance.” You can read about nuisance noise complaints in the Library’s briefing on nuisance complaints (30 November 2017).
• If riders are caught causing criminal damage they can be arrested under the Criminal Damage Act 1971.