Quad bike on private road

Chopper_Read

Tilt wrote: »

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.

And both clearly state road or public place

Tilt

Chopper_Read wrote: »

And both clearly state road or public place

And public place can be any area where there is unrestricted public access. Thus meaning if your drive has no gates, it has public access.

Tell you what... why don't you test it for yourself? You sit in your car on your drive (with keys in your possession) after drinking a few sherbets, let me know your address and I will gladly call the boys in blue to 'educate' you.

Chopper_Read

Tilt wrote: »

And public place can be any area where there is unrestricted public access. Thus meaning if your drive has no gates, it has public access.

Tell you what... why don't you test it for yourself? You sit in your car on your drive (with keys in your possession) after drinking a few sherbets, let me know your address and I will gladly call the boys in blue to 'educate' you.

So it's gone from standing on your drive to sitting in your car now?

A private drive is not a public place under the rta, just cause the postman walks down doesn't make it public.

Do you have a link to the rta which says that is wrong?

Tilt

Chopper_Read wrote: »

So it's gone from standing on your drive to sitting in your car now?

Well ok then, stand next to the car. I was just thinking that you would be more comfortable sitting in it. Matters not though, the offence of 'in charge' is the same.

Chopper_Read wrote: »

A private drive is not a public place under the rta, just cause the postman walks down doesn't make it public.

Certain RTA rules (drink driving/in charge, careless/reckless/dangerous driving etc) apply on a private road, drive, car park or other private land that dosn't have restricted access.

Chopper_Read wrote: »

Do you have a link to the rta which says that is wrong?

I'm not the one who needs educating (already happened in my case) so you do the research.

:beer:

Rover_Driver

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).

Most Road Traffic Act offences are only committed on a 'road', which the act defines in England & Wales as 'any highway or any other road to which the public has access'. In Scotland as 'any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access'.

Some sections - dangerous or careless driving, driving or in charge under the influence of drink or drugs or with excess alcohol, requirement for insurance, reporting accidents - can be committed 'on a road or other public place'. Nothing about restricted access, a private drive would not be a public place.

Chopper_Read

Tilt wrote: »

Well ok then, stand next to the car. I was just thinking that you would be more comfortable sitting in it. Matters not though, the offence of 'in charge' is the same.



Certain RTA rules (drink driving/in charge, careless/reckless/dangerous driving etc) apply on a private road, drive, car park or other private land that dosn't have restricted access.



I'm not the one who needs educating (already happened in my case) so you do the research.

:beer:

Think you need the education.

What section of the rta is reckless?

There is no such offence.

What's happened to you then?
Did you plead guilty cause you don't know the law?


Please tell the other forum members, what makes their drive a public place.

Chopper_Read

Rover_Driver wrote: »

Most Road Traffic Act offences are only committed on a 'road', which the act defines in England & Wales as 'any highway or any other road to which the public has access'. In Scotland as 'any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access'.

Some sections - dangerous or careless driving, driving or in charge under the influence of drink or drugs or with excess alcohol, requirement for insurance, reporting accidents - can be committed 'on a road or other public place'. Nothing about restricted access, a private drive would not be a public place.

Tilt is struggling with this one.

Other private land, race tracks?

Chopper_Read

fivetide wrote: »

Public don't have access to your property.
.

Tilt thinks they do

Tilt

Chopper_Read wrote: »

Think you need the education.

What section of the rta is reckless?

There is no such offence.

I was using the term as an example. but yes, there is no such offence it is either careless or dangerous driving.

Chopper_Read wrote: »

What's happened to you then?
Did you plead guilty cause you don't know the law?

No. I was supporting a relative who had been caught sleeping in his car in a boat yard at the end of a private road. It's amazing what you can learn about where/how you can get done even though you are not actually driving. You should try it sometime!

Chopper_Read wrote: »

Please tell the other forum members, what makes their drive a public place.

The other forum members will hopefully not be as ignorant of the law as you clearly are. I never said that a drive is a public place! I said land which has public access. Tesco car park isn't a public place either but the RTA can apply to it!!

Tilt

Rover_Driver wrote: »

Most Road Traffic Act offences are only committed on a 'road', which the act defines in England & Wales as 'any highway or any other road to which the public has access'. In Scotland as 'any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access'.

Some sections - dangerous or careless driving, driving or in charge under the influence of drink or drugs or with excess alcohol, requirement for insurance, reporting accidents - can be committed 'on a road or other public place'. Nothing about restricted access, a private drive would not be a public place.

No, but the rta can still apply as per sections you have quoted.