Unlicenced driver - can they drive on non public roads?

Just wondering. If someone hasn't got a driving licence, can the drive in places like safari parks, as they are not public roads? Or do you need a licence to drive anywhere.
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  • Gloomendoom
    Gloomendoom Posts: 16,550
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    edited 10 August 2013 at 10:31AM
    As long as the general public do not have open access, no licence is required. Supermarket car parks and industrial estate roads are usually not suitable.

    I sometimes test racing cars on private roads and, to comply with the Road Traffic Act, have to make sure that they are coned off and the public access prevented. I do have third party insurance cover although it's not strictly necessary.
  • Rover_Driver
    Rover_Driver Posts: 1,507
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    If it is a road within the meaning of s.192, Road Traffic Act 1988:

    "In relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, and in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes."

    Then a driving licence is required - s.87 of the same act.
  • So in the case of a safari park, for example, the public do have access, but not free access. Only if they pay for entry to the attraction. Is that the same? Or does that not come under the heading of public access.

    Just wondering, as it arose in a conversation at work yesterday in the canteen, when one of my colleagues said that they had allowed an unlicenced driver to drive round the safari park and that it was ok because it wasn't a public highway. Quite a heated debate ensued, with no overall agreement!!
  • kaya
    kaya Posts: 2,465
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    HurdyGurdy wrote: »
    So in the case of a safari park, for example, the public do have access, but not free access. Only if they pay for entry to the attraction. Is that the same? Or does that not come under the heading of public access.

    Just wondering, as it arose in a conversation at work yesterday in the canteen, when one of my colleagues said that they had allowed an unlicenced driver to drive round the safari park and that it was ok because it wasn't a public highway. Quite a heated debate ensued, with no overall agreement!!

    thats a can of worms question, the birmingham bypass motorway is privatley owned, privatley run and you have to pay to use it , many people will tell you that it is not subject to the road traffic act because of this and you cannot be prosecuted for driving offences yet i did see a police officer nicking someone on it last year
  • spacey2012
    spacey2012 Posts: 5,836
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    What the law says and what passes for justice should never be confused.
    In short if the police catch you driving without a licence, they will prosecute.
    Be happy...;)
  • Rover_Driver
    Rover_Driver Posts: 1,507
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    The act makes no mention of paying for access or a 'public' highway, only 'any highway' and 'any road', to which the public has access.
    So to drive on any highway or any road to which the public have access, a driving licence is required.
  • Paradigm
    Paradigm Posts: 3,613
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    edited 10 August 2013 at 11:37AM
    If it is a road within the meaning of s.192, Road Traffic Act 1988:

    "In relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes, and in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes."

    Then a driving licence is required - s.87 of the same act.

    This makes things interesting.....
    To fall within S192[1] RTA 1988 the road must be one to which the public have access. Whether or not the public have access to a road is a question of fact. If a member of the public has to over come some form of physical barrier or act in defiance of a prohibition then that will not be considered a road to which the public have access – Cox v White [1976] RTR 248
    A sign on a private road which stated that 'Trespassers will be prosecuted' was held to be a sufficient prohibition to members of the public to exclude the location from S192 1988 – R v Beaumont [1964] Crim LR 665

    I would guess that the safari park is barriered & that there is only access after payment, would it therefore be excluded from the RTA?
    Always try to be at least half the person your dog thinks you are!
  • vikingaero
    vikingaero Posts: 10,920
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    Interesting discussion. Would there not be terms and conditions in the ticket to the park stating drivers must be licensed and cars roadworthy?

    On a common sense level, wouldn't you or I expect drivers in a safari park to be licensed, insured and adhere to the same rules and regulations of the RTA as on a public road?
    The man without a signature.
  • DUTR
    DUTR Posts: 12,958
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    kaya wrote: »
    thats a can of worms question, the birmingham bypass motorway is privatley owned, privatley run and you have to pay to use it , many people will tell you that it is not subject to the road traffic act because of this and you cannot be prosecuted for driving offences yet i did see a police officer nicking someone on it last year

    If you mean the M6 Toll road, it is a public road that is privately maintained.
  • vikingaero wrote: »
    On a common sense level, wouldn't you or I expect drivers in a safari park to be licensed, insured and adhere to the same rules and regulations of the RTA as on a public road?

    This was one argument put forward. OK, it's unlikely you would be travelling at any great speed through one of those places, but if an unlicenced (and therefore uninsured) driver were to cause any damage to another vehicle, or person, or structure within the park, would they have to take financial responsibility for that.

    It was argued that in that scenario, you enter those places at your own risk and have to "take your chances" and be responsible for your own self, vehicle and property.

    It really did get quite heated in the canteen :D
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