Quad bike on private road

Rover_Driver

Tilt wrote: »

No, seriously the fact of the matter was that he was ignorant (just like you are) of the fact that you can still get done in (or in close proximity of) your car even when you are not driving it and it is parked on private land.

Like it or not, certain RTA matters can be enforced on private land to which there is public access such as super market car parks, pub car parks, private roads (or driveways) and even boat yards.

One thing I will say is that certain areas could be grey and cases probably would depend on their own scenarios.

My drive for example leads on to a 4 space parking area so I would expect the RTA to apply in my case as it has no gates. My local Tesco's drive leads onto a 600 space parking area... Perhaps it depends on how long your drive is before it becomes a road?

You are confusing a public place with private land, a public place is a place that the public are permitted to be. A supermarket car park or pub car park are examples of places where the public are permitted to be and are considered to be public places even though they may be private land.
If the public are not permitted to be on the land, a private drive for example, it is not a public place and the Road Traffic Act does not apply.

Chopper_Read

For some reason tilt is often in a minority of one. I wonder why because he's always right. He must be cause he says he is.

happybiker

I thought the legal definition of a public place had been changed to 'a place where the public have access to' ? And that one could be prosecuted for some road traffic offences on private land and that's why some motor sport events have to be run under the umbrella of the RAC who are authorised to grant exemptions under law.
Did laws to this effect not come into force about 1992?
I'm very hazy on it so please forgive me if I'm wrong.

Tilt

Rover_Driver wrote: »

You are confusing a public place with private land, a public place is a place that the public are permitted to be. A supermarket car park or pub car park are examples of places where the public are permitted to be and are considered to be public places even though they may be private land.
If the public are not permitted to be on the land, a private drive for example, it is not a public place and the Road Traffic Act does not apply.

Hi RD, It's refreshing for someone to join in who is a tad more seasoned in this forum who hasn't been here for 5 minutes thinking that they can 'rule the roost' by running around the school playground to try and recruit new members to their little gang. And when their 'argument' runs out of steam, they then have to resort to childish insults instead of carrying on the debate in an adult fashion.

But while I respect what you are trying to say, I can assure you that when my cousin got caught, we went through this issue with a fine tooth comb so my understanding is pretty clear TBH. However, as I mentioned in a previous post, it does appear to be sometimes a very grey area to where is considered that the RTA applies and where it does not. Yes supermarket and pub car parks are pretty well usually private land to which the public have access. But the grey areas seem to creep in when it come to private roads (or drives). This definition can vary quite a bit apparently and is not even clear in the act. It seems to depend on what type of area the road or 'drive' leads to and whether or not the public can freely access it.

As for the OP's case, I would suggest (without seeing it) that some parts of the RTA would apply because the 'road' serves more than one property. And I think it depends what mood the police are in to whether they investigate if the quad bikers are actually contravening the RTA or try and fob off the OP by saying "sorry, can't help, it's private property sir". A bit like they use to do when someones car got towed by a private company from private land.

Tilt

Chopper_Read wrote: »

For some reason tilt is often in a minority of one. I wonder why because he's always right. He must be cause he says he is.

When you've finished your home work and tided your room, you couldn't pont out exactly where I have said that could you? :think:

fivetide

paddedjohn wrote: »

No it wont, your driveway is private property as you say just like tesco car park but it doesnt have public access in the same way.

This is it in simple terms.

It is all about implied consent.

Only certain people are implied to have consent to enter your land. This is why you can tell debt collectors who don't have a court order to clear off because they are technically trespassing.

Now calm down all!

Chopper_Read

Tilt wrote: »

Hi RD, It's refreshing for someone to join in who is a tad more seasoned in this forum who hasn't been here for 5 minutes thinking that they can 'rule the roost' by running around the school playground to try and recruit new members to their little gang. And when their 'argument' runs out of steam, they then have to resort to childish insults instead of carrying on the debate in an adult fashion.

But while I respect what you are trying to say, I can assure you that when my cousin got caught, we went through this issue with a fine tooth comb so my understanding is pretty clear TBH. However, as I mentioned in a previous post, it does appear to be sometimes a very grey area to where is considered that the RTA applies and where it does not. Yes supermarket and pub car parks are pretty well usually private land to which the public have access. But the grey areas seem to creep in when it come to private roads (or drives). This definition can vary quite a bit apparently and is not even clear in the act. It seems to depend on what type of area the road or 'drive' leads to and whether or not the public can freely access it.

As for the OP's case, I would suggest (without seeing it) that some parts of the RTA would apply because the 'road' serves more than one property. And I think it depends what mood the police are in to whether they investigate if the quad bikers are actually contravening the RTA or try and fob off the OP by saying "sorry, can't help, it's private property sir". A bit like they use to do when someones car got towed by a private company from private land.

Brilliant argument, I've been here longer so I'm right.

If you went through your relatives case with a fine tooth comb why couldn't you get him off? Was the damage done in interview cause you don't want to talk about that?

happybiker

Rover_Driver wrote: »

You are confusing a public place with private land, a public place is a place that the public are permitted to be. A supermarket car park or pub car park are examples of places where the public are permitted to be and are considered to be public places even though they may be private land.
If the public are not permitted to be on the land, a private drive for example, it is not a public place and the Road Traffic Act does not apply.

Nope, full marks for trying , but wrong. Road traffic act 1988. The regulations can be enforced anywhere the public are 'present'
This could well include places like open plan private driveways and private land and roadways. This is why motorsports have to be run under the umbrella of an authorising body that can issue exemptions under law.

Fivetide... Implied consent doesn't apply, the RTA gives power where the public are present, with or without consent

Chopper_Read

happybiker wrote: »

Nope, full marks for trying , but wrong. Road traffic act 1988. The regulations can be enforced anywhere the public are 'present'
This could well include places like open plan private driveways and private land and roadways. This is why motorsports have to be run under the umbrella of an authorising body that can issue exemptions under law

You're not 100% correct. Some of the rta only applies to a road.

PDC

Back to the OPs question...

Warwichshire police have this to say though I suppose the law may be diffrent in your area;

Can I ride on wasteland or the disused railway lines?
The simple answer is no. There is a common misconception that common land or wasteland is free for anybody to do whatever they like. This is not the case. There is a historical right of access for leisure purposes and even for grazing animals but all other use is not allowed. The law that covers bikes is Sec38, Road Traffic Act 1998. Riding motor vehicles on common land or wasteland is almost always illegal.
What about our parks and Playing fields?
The Borough Council owns most recreational areas including parks and nature areas and there are specific laws covering these areas, preventing the use of mechanically propelled vehicles. Other areas are owned by certain trusts, none of which agree to the riding of these machines off road. Your local Borough Council has a list of areas that you can ride on. However, these are very limited and there may be a charge.
What about rights of way and bridle paths? These historic rights of way date back to a time when horses were the primary means of transport. All the law surrounding this preserves the rights of people to walk and ride horses along them. That means no motorbikes or quads! The two groups do not mix and it is simply not safe!
Can I use motorbikes on the pavement or footpath?
Again, the simple answer is no. Only vehicles that meet the required standards and are registered with the DVLA can be used on our roads, pavements and car parks. As well as being registered, they must be taxed and insured. Also an MOT will be required for vehicles over three years old. There is no exemption for vehicles designed for off road use and young people are also not exempt. This is all covered in the Road traffic act 1988.
Harassment, Alarm and Distress: Section 59 of the Police Reform Act 2002, makes it an offence for a motor vehicle to be used on a road or public place in a manner which causes harassment, alarm or distress. This includes the noise which is caused by off road machines that are fitted with exhaust systems that do not conform to road standards. A noisy exhaust is a common factor for complaint.
Those people who ride horses or walk on common land can also be distressed or alarmed by the presence of a loud machine in a usually quiet setting. In such cases the police have the power to warn the user of the bike to remove it and if it persists have the machine seized and destroyed.
Warwickshire Police are committed to using this power in order to control the problem of the unlawful use of motorbikes.

from here


Also a quote form Manchester police relating to accident;

Although it is legal to own an off-road bike or a mini-motorbike, anyone riding them on public roads must obey the speed limit, wear a crash helmet and have a valid driving licence, tax, MoT and insurance.

from here

As I understand it the only places where non road legal off road vehicles can be lawfully ridden is on private land with the direct permission of the land owner or at organised, supervised off road events.