Motor traffic on uncultivated land and in watercourses

The translation is not official; it is provided for information purposes only. In the event of any inconsistency, the Norwegian version shall prevail.

This transaltion is based on the norwegian version of 19th of June 2021. Later amendments are not translated.

§ 1. (Purpose)

The purpose of this Act is to regulate motor traffic on uncultivated land and in watercourses on the basis of overall considerations of the public interest, with a view to protecting the natural environment and promoting public wellbeing.

§ 2. (Scope)

For the purpose of this Act, motor traffic means the use of vehicles (cars, tractors, motorcycles, belt vehicles, snowmobiles, etc.) and boats or other motorized floating vessel or hover vessel, and landing or taking off with motorized aircraft.

The term uncultivated land means land that is not tilled and that pursuant to article 1, first paragraph, of the Outdoor Recreation Act is not considered to be cultivated land or equivalent to cultivated land. Mountain pasture, plots around houses and cabins, hay meadows, cultivated pasture and young plantations situated in uncultivated areas are considered to be equivalent to cultivated land for the purpose of this Act.

Roads in uncultivated areas that are not constructed for motor cars are considered to be uncultivated land for the purpose of this Act. The same applies to roads that are constructed for motor cars but that are not cleared of snow in winter.

The term watercourses means open and ice-covered rivers, streams and lakes.

The Act does not apply to landing fields for aircraft if a licence pursuant to article 77 of the Aviation Act or permission pursuant to article 82 of the said Act has been granted, or if the landing field is constructed or operated by the state.

§ 3. (Prohibition against motor traffic on uncultivated land and in watercourses)

Motor traffic on uncultivated land and in watercourses is not permitted unless otherwise determined in this Act or by decisions pursuant thereto.

§ 4. (Permission directly pursuant to the Act)

Notwithstanding article 3, motor traffic is permitted in connection with:

1. police, ambulance and rescue services and control and inspection services established pursuant to statutory authority,
2. public postal and telecommunications services,
3. essential passenger and goods transport to and from permanent residences and in connection with commercial agriculture, forestry and reindeer husbandry. Hunting, trapping, fishing, and berry picking are not considered to be commercial activities in this context,
4. military exercises, and movements and transport of the armed forces,
5. construction and operation of public roads and other installations,
6. scheduled transport services operated under licence pursuant to the Transport Act.

The Ministry may by regulations also permit other motor traffic.

The use of motor vessels is permitted on lakes with an area of 2 km2 or more, and on stretches of river and lakes with an area of less than 2 km2 if these form part of a navigable watercourse. The municipality may nevertheless decide that such traffic as mentioned here shall either wholly or partly not be permitted.

§ 4a. (Regulations relating to the use of motor vehicles on uncultivated land and ice-covered watercourses)

Motor vehicles may only be used on uncultivated land and ice-covered watercourses in accordance with regulations issued by the Ministry.

The Ministry may give the municipality authority in regulations to determine trails for driving of snow mobiles on snow cover. In Finnmark and Nord-Troms (the municipalities Kvænangen, Kåfjord, Lyngen, Nordreisa, Skervøy and Storfjord) that authority includes ability to regulate driving outside the trails on frozen water to rest.

The Ministry may in up to six municipalities give the municipality authority in regulations to determine trails for transport of people by belt vehicles on winter cover to start points for alpine skiing (catskiing) as a trial for up to six years. The trial may not be extended. The trails shall start in existing alpine resorts.

Trails that are determined in accordance with the second and third paragraphs shall not be laid in conservation areas, proposed conservation areas or national wild reindeer areas. The trails shal not contribute to significant damage or inconvenience for reindeer husbandry or require changes to the terrain.  When determining trails, the municipality shall take particular consideration to noise and other inconvenience for outdoor recreation activities. The municipality shall also take into account biological diversity, residence and cottage areas, landscape, cultural heritage and cultural environment, and the security of the drivers and others. The municipality shall investigate the effect the trails will have for outdoor recreation and biological diversity in the influence area prior to determining the trails, as well as map and evaluate outdoor recreation areas where the trails are planned and evaluate these in relation to other outdoor recreation areas in the municipality.

The Ministry may in regulations provide more detailed rules about trails and the case processing by the municipality, including rules for complaints on the decision by the municipality regarding the determination of trails in accordance with the second, third and fourth paragraphs.

§ 4b. (Repealed)

§ 5. (General permission pursuant to administrative decisions)

The municipality may issue regulations on the right to:

1. land and take off with aircraft at specified locations in uncultivated land and watercourses. This right may be restricted to landing and take-off for particular purposes or at particular times and to companies or individuals engaged in commercial air traffic.
2. the use of motor vehicles on lakes with an area of less than 2 km2 if there are special reasons for this, which must be stated in the regulations.

A draft of the regulations shall be submitted to the county authorities and to any government agencies involved for comment. If any of these have raised objections that are not taken into account by the municipal council, the decision of the municipal council shall be sent to the county governor for approval.

The municipality may issue regulations or make decisions about the use of motor vessels with an electric motor with input power up until 800 watts on lakes smaller than 2 km2. In assessing whether to allow such traffic, emphasis shall be placed on the consideration of the water as a habitat for game species and birds, and special emphasis on the consideration of nesting areas. No access can be granted to motor traffic that involves significant damage to bird life.

§ 6. (Permits in special circumstances)

If there are special reasons for this, the municipality may grant permission for use of motor vehicles or aircraft that may not otherwise take place pursuant to this Act or with the legal authority of this Act.

Permission pursuant to the first paragraph may be given for specific purposes or specific periods of time. The municipality may impose conditions for such permission.

The decision of the municipality may be appealed to the county governor.

§ 7. (Authority for the Ministry to make special provisions for important areas of natural habitat and outdoor recreation areas and to limit the authority of the municipality pursuant to articles 5 and 6 and the authority of the county governor pursuant to article 5)

The Ministry may make further provisions relating to the exercise of the municipality's authority pursuant to articles 5 and 6 and may determine that permission shall not be givenfor certain types of motor traffic or certain purposes. The Ministry may make further provisions relating to exercise of the authority of the county governor pursuant to article 5.

For particularly important areas of natural habitat and outdoor recreation areas, the Ministry may by regulations prohibit or make further provisions relating to the motor traffic that is not permitted pursuant to the first paragraph of article 4, including motor traffic on private roads.

§ 8. (General provisions relating to motor traffic on uncultivated land and in watercourses)

Care and consideration shall be shown during motor traffic on uncultivated land and in watercourses in order to avoid damage or inconvenience to the natural environment and people.

§ 9. (Cooperation schemes)

The Ministry may make provisions relating to cooperation between two or more municipalities as regards the regulation of traffic that must be coordinated across municipal boundaries.

10. (Relationship to landowners, etc.)

This Act does not restrict the right of a landowner or user to prohibit or restrict motor traffic on his property pursuant to the legal rules in force at any given time.

§ 11. (Svalbard and Jan Mayen)

This Act applies to Svalbard and Jan Mayen only to the extent that the King so prescribes.

§ 12. (Penal liability)

Any person who wilfully or negligently contravenes this Act or regulations, rules or conditions laid down pursuant to this Act, or who is accessory thereto, shall be liable for fines.

§ 12 a (supervision and control)

The Norwegian Nature Inspectorate ensures that the provisions contained in these regulations or in accordance with these are complied with. The rules in the Nature Inspectorate Act Art. 3 are applied through control in accordance with this law. Inspection may in addition to the authority in Art. 3 of the Nature Inspectorate Act require that drivers of motor vehicles or motor vessels can present documents which are mandatory when driving.

§ 12 b (penalty/infringement fines)

The Norwegian Nature Inspectorate may impose fines on drivers of motor vehicles or motor vessels infringement if they do not comply with the provisions or in accordance with this law. The infringement fines may also be imposed upon breach of duty in respect of Article 3, fourth paragraph of the Nature Inspectorate Act, cf. second paragraph, when exercising checks in accordance of this law.

Infringement fines are liable 2 months after the administrative decision is adopted. The final decision on an infringement fine constitutes enforceable grounds for payment. Should the driver sue the state to appeal the decision, the enforceable ground is suspended. 

Ability to impose infringement fines expires two years after the infringement took place. The expiry is suspended if the supervisory authority gives advance notice or takes a decision regarding the infringement fine.

The Ministry will issue regulations with more specific rules regarding the size and case administration of the infringement fine.  

§ 13. (Regulations)

The Ministry may issue regulations to implement or supplement the provisions of this Act, including restrictions on speed and motor size and provisions requiring motor traffic to take place at a certain distance from the shoreline.

§ 14. (Entry into force and amendments to other Acts)

This Act enters into force from the date decided by the King.

§ 14 a. (Repeal of temporary article)

§ 4 b is repealed 1th June 2015.