Quad bike on private road

happybiker

Rover_Driver wrote: »

Not really a grey area, either it is a public place or it isn't.
As fivetide has said, on private land it is about consent, if there is no consent for the public to be on the land, the RTA does not apply.

The public may have consent to use a private road etc. and so the RTA would apply, if only residents for example, had consent, then the RTA would not apply.

In the OP's case, it would depend on the status of the road.

Wrong yet again! The definition of 'public place' under the RTA is 'a place where the public has has access'. Consent has nothing to do with it.

Please research the legal definition of public place under the RTA before you post anymore

Chopper_Read

Rover_Driver wrote: »

It would have depended on the status of the land, if it was restricted to only users of the boatyard, it would not be a public place as only the boatyard users had consent to use it, not the public.

Gates make no difference, some public car parks, roads, etc. which are public places have gates, some don't. In the same way that some that are not public places may or may not have gates.




i

So what tilt has now presented is a little different to his original post of you can be done for statnding next to your car on your drive.

His link he posted refered to road or public place and his personal experience has nothing to do with someone standing next to the car.

In effect his relative was acting as a security guard and was over the limit whilst in charge of a car. Not standing next to one on his own drive.

And he still avoids the issue of what was said during interview.

Chopper_Read

happybiker wrote: »

Wrong yet again! The definition of 'public place' under the RTA is 'a place where the public has has access'. Consent has nothing to do with it.

Please research the legal definition of public place under the RTA before you post anymore

In that case your drive is a public place as is your home if you leave the front door open.

Rover_Driver

happybiker wrote: »

Wrong yet again! The definition of 'public place' under the RTA is 'a place where the public has has access'. Consent has nothing to do with it.

Please research the legal definition of public place under the RTA before you post anymore

Where in the Road Traffic Act 1988 is the definition of 'a public place'?

Chopper_Read

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.


(1)If a person—

(a)drives or attempts to drive a motor vehicle on a road or other public place, or

(b)is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.


How fine was your tooth comb tilt?

Aretnap

happybiker wrote: »

Wrong yet again! The definition of 'public place' under the RTA is 'a place where the public has has access'. Consent has nothing to do with it.

Erm, it does actually. Any road may be regarded as one to which the public has access if the public is there without overcoming physical obstruction or in defiance of a prohibition: Harrison v Hill 1932 JC 13. Otherwise as noted your house would become a public place if some members of the public kicked the door down and walked in - clearly it doesn't.

I also think the magistrates may have got it wrong in the case of Tilt's relative. There's case law to say that the prosecution must prove that that the place actually is used by members of the public - not just that it might be. Hallett v DPP Also note that while the presence of a "keep out" sign or a barrier supports the claim that somewhere is not a public place, the absence of a barrier does not in itself prove that it is a public place (same case, paragraph 11).

Tilt

Chopper_Read wrote: »

So why is that any different to a camp site?

I don't know!! Why don't you ask the police? As i've said many times here, I guess it can depend on the actual location and whether the camp site has unrestricted access.

Chopper_Read wrote: »

Asleep in your car or tent is the same thing.

Is it?? Not sure you could wake up in the middle of the night and drive a tent!

Chopper_Read wrote: »

Your relative was doing a little more than sleeping in the car them wasn't he?

I'm not really sure... I wasn't with him at the time. But I certainly wouldn't want to suggest to him that he was perhaps (AHEM!)
doing "a little more than sleeping" in the car... he's a lot bigger than me!

Chopper_Read

Tilt wrote: »

I don't know!! Why don't you ask the police? As i've said many times here, I guess it can depend on the actual location and whether the camp site has unrestricted access.



Is it?? Not sure you could wake up in the middle of the night and drive a tent!



I'm not really sure... I wasn't with him at the time. But I certainly wouldn't want to suggest to him that he was perhaps (AHEM!)
doing "a little more than sleeping" in the car... he's a lot bigger than me!

Bigger but equally dense, I've psoted a defence for your original arguement of standing next to a car on your drive. Or being asleep and over the limit.

Your presonal experience is a goon of a relative who was !!!!ed when working as a security guard.

happybiker

Rover_Driver wrote: »

Where in the Road Traffic Act 1988 is the definition of 'a public place'?

Try the CPS site for starters, the references are on there

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences/#P327_35945

Look for the definition of 'Road or public place'

Chopper_Read

happybiker wrote: »

Try the CPS site for starters, the references are on there

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences/#P327_35945

Look for the definition of 'Road or public place'

And the definition is what?