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A 1984 ruling said "the land over which a public right of way exists is known as a highway; and although most highways have been made up into roads, and most easements of way exist over footpaths, the presence or absence of a made road has nothing to do with the distinction.

Another legal view is that while a highway historically included footpaths, bridleways, driftways, etc., it can now be used to mean those ways that allow the movement of motor-vehicles, and the term rights of way can be used to cover the wider usage.

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A road is a thoroughfare, route, or way on land between two places that has been paved or otherwise improved to allow travel by foot or some form of conveyance, including a motor vehicle, cart, bicycle, or horse.

The Organisation for Economic Co-operation and Development (OECD) defines a road as "a line of communication (travelled way) using a stabilized base other than rails or air strips open to public traffic, primarily for the use of road motor vehicles running on their own wheels, "which includes" bridges, tunnels, supporting structures, junctions, crossings, interchanges, and toll roads, but not cycle paths." For the purposes of the English law, Highways Act 1980, which covers England and Wales but not Scotland or Northern Ireland, the term road is defined to be "any length of highway or of any other road to which the public has access, and includes bridges over which a road passes." The definition of a road depends on the definition of a highway; there is no formal definition for a highway in the relevant Act.