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Interesting Drink-Drive case!

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Comments

  • Rover_Driver
    Rover_Driver Posts: 1,522 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Tilt wrote: »
    To save me spending hours looking for it, can you provide a link that confirms this?

    To be clear, the hovercraft in question COULD NOT POSSIBLY be "driven" on a public road as it is far too big (it's about 10 metres wide). There is NO unrestricted public access to the landing pad, it is a "controlled" area.


    s.188, Road Traffic Act 1988, and it doesn't have to a restricted public place, just a public place.
  • Tilt
    Tilt Posts: 3,599 Forumite
    s.188, Road Traffic Act 1988, and it doesn't have to a restricted public place, just a public place.

    Thank you, it's defined as a "hover vehicle" but does the RTA 1988 extend to the "hover vehicle" being used on water (i.e. the sea)? My interpretation of the scope of the RTA (and it's inclusion of a "hover vehicle") is the vehicle being used on a public road or land to which the public have access (including private land with no gates or barriers). In this situation, the hovercraft (and the area where it "lands") is neither on a public road or in a place where the public have unrestricted access OR is a public place.

    As some one as pointed out, a boat can be "driven" without any form of licence (thus the RTA cannot apply) in the same area of waters that this hovercraft operates (between Southsea and Ryde. Where the hovercraft lands, the public have no right of way or are able to access without members of the "ground crew" being present (similar to an airport apron surely?).
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • System
    System Posts: 178,412 Community Admin
    10,000 Posts Photogenic Name Dropper
    He was charged under the Railway and Transport Safety Act 2003 so they were classing it as a ship or an aircraft

    http://www.dailymail.co.uk/news/article-2723078/Hovercraft-pilot-court-accused-three-times-drink-drive-limit-charge-Isle-Wight-passenger-vessel.html
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Tilt
    Tilt Posts: 3,599 Forumite
    !!!!!! wrote: »
    He was charged under the Railway and Transport Safety Act 2003 so they were classing it as a ship or an aircraft

    http://www.dailymail.co.uk/news/article-2723078/Hovercraft-pilot-court-accused-three-times-drink-drive-limit-charge-Isle-Wight-passenger-vessel.html

    No. He was arrested under the Railway and transport Safety Act 2003, but charged with driving a motor vehicle while over the alcohol limit and contravening merchant shipping regulations by failing to present for duty alcohol free.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • mgdavid
    mgdavid Posts: 6,711 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Tilt wrote: »
    No. He was arrested under the Railway and transport Safety Act 2003, but charged with driving a motor vehicle while over the alcohol limit and contravening merchant shipping regulations by failing to present for duty alcohol free.

    can you provide a source to confirm this - or are you simply believing what a journo wrote in a paper?|
    The questions that get the best answers are the questions that give most detail....
  • Tilt
    Tilt Posts: 3,599 Forumite
    mgdavid wrote: »
    can you provide a source to confirm this - or are you simply believing what a journo wrote in a paper?|

    You have not read the article which the link in my OP takes you to then? Or maybe the link that !!!!!! provided?

    No? Well try this one then: http://iwradio.co.uk/news/hovercraft-pilot-court/

    Unfortunately I wasn't in court so I have to rely on the local media. It seems that both are reporting the same details about the pilot's court appearance.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Wig
    Wig Posts: 14,139 Forumite
    If a hover craft is a motor vehicle that means that ALL hovercraft used in a public place (water included) must be insured.

    I have no idea, but is it a well known fact among hover craft users that they must be insured under the RTA?
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