The Court of Appeal has held that section 34(1) of the Road Traffic Act 1988 applies to all types of land. It is therefore an offence to drive over any land that is not a road without lawful authority. The claimant in this case was seeking to establish a right of way by prescription over a track on a village green. The lack of lawful authority, and therefore the illegality of the claimant's use, prevented the claimant establishing the right by prescription.

The claim was made before the scheme for the grant of a statutory easement under section 68 of the Countryside and Rights of Way Act 2000 came into force, and the claimant had not therefore been able to claim an easement under that scheme (as to which see: Easements for vehicular access under section 68 of the Countryside and Rights of Way Act 2000).

The Court of Appeal also made obiter comments on some of the uncertainties surrounding section 68.

NOTE: the decision in Hanning v Top Deck Travel Group Ltd on the basis of which this case was decided, was overruled by the House of Lords in Bakewell Management Ltd v Brandwood (1 April 2004). For details see the Legal update, Illegality of vehicular access over common land (House of Lords).