Quad bike on private road

lbeaton

Hello, looking for some advice...
We live in Scotland on an unadopted council road, which is a throughroad and has no restrictions to either pedestrians or vehicles. The local council maintain the streetlights but the road itself is a single track dirt road and is in poor condition.

The problem is that our troublesome neighbours are riding a quad bike along our road. They don't wear helmets, and the bike is not an on road bike and I can't imagine it would be taxed/insured etc. Aside from being unsafe to all, it is further degrading our road although they seem to enjoy using the potholes as obstacles.

Is this behaviour legal? The police visited us tonight and are uncertain. I will contact the council and also my local MSP tomorrow. Is there anything else I should be doing? They really are an unapproachable despicable family. Thanks in advance.

edwardw

The road traffic act states that it covers:
"any place to which the public have access on payment or otherwise"

So if the public can access it, ie not gated/fenced off etc, then the RTA applies.

Even if that was deemed not the case, then S59 could apply if its causing an anti social nuisance!

Chopper_Read

It's either a private road or its not. Highways street lights would suggest it's not.

Chopper_Read

edwardw wrote: »

The road traffic act states that it covers:
"any place to which the public have access on payment or otherwise"

So if the public can access it, ie not gated/fenced off etc, then the RTA applies.

Even if that was deemed not the case, then S59 could apply if its causing an anti social nuisance!

Is your driveway a public place?

fivetide

Chopper_Read wrote: »

Is your driveway a public place?

Public don't have access to your property.

The above quoted rules are why the RTA applies on 'private land' such as car parks. I know this from reporting an accident in one which the Police investigated.

Tilt

It dosn't need to be a public place for more serious certain RTA 'rules' to apply. It merely needs to be an area where there is no restricted access (such as no barrier or gate).

For example; if your car is parked on your un-gated drive and you approach it with keys in hand while over the prescribed alcohol limit, you can be charged with being 'in charge of a motor vehicle while over the prescribed limit'. You don't even have to be sitting in it to commit the offence!

You can also be charged with careless and dangerous/reckless driving. However, I think that lesser serious RTA rules do not apply on private land so having tax or insurance may not be an issue although I am happy to be corrected on that. I am also not sure that a quad bike rider is required to wear a helmet.

Chopper_Read

Tilt wrote: »

It dosn't need to be a public place for more serious certain RTA 'rules' to apply. It merely needs to be an area where there is no restricted access (such as no barrier or gate).

For example; if your car is parked on your un-gated drive and you approach it with keys in hand while over the prescribed alcohol limit, you can be charged with being 'in charge of a motor vehicle while over the prescribed limit'. You don't even have to be sitting in it to commit the offence!

You can also be charged with careless and dangerous/reckless driving. However, I think that lesser serious RTA rules do not apply on private land so having tax or insurance may not be an issue although I am happy to be corrected on that. I am also not sure that a quad bike rider is required to wear a helmet.

To be in change they have to prove the likelihood to drive and the offence is drunk in charge.

Excess alcohol offences also have to be in a public place, so your driveway argument is wrong.

Chopper_Read

fivetide wrote: »

Public don't have access to your property.

The above quoted rules are why the RTA applies on 'private land' such as car parks. I know this from reporting an accident in one which the Police investigated.

Some of the rta needs to be on a road.

Chopper_Read

Two wheels you need a helmet. Three or more you don't else you'd need one to drive a reliant robin.

cannyscot_2

We similarly live on an unadopted road in scotland and I had a car that was registered off road I checked that I could keep it there and was told I could. I think the status will be like us -officially you own the bit in front of your house and everyone else can access on it including public as in sotland there is right of access. I would think you could therefore only stop them on the basis of damage to your property which would need an injunction.

Tilt

Chopper_Read wrote: »

To be in change they have to prove the likelihood to drive and the offence is drunk in charge.

Excess alcohol offences also have to be in a public place, so your driveway argument is wrong.

No. There are two offences, driving while over the prescribed limit (meaning you are in the car with the engine running) and 'in charge' while over the prescribed limit (meaning you are in close proximity of the car and in possession of the keys).

Here is a link to clarify; http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm

I suppose that is wrong as well.