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What is a "road?"

Castle
Posts: 4,852 Forumite


A very interesting article when it comes to the definition of a road and the road traffic Act. From a quick read, a Motorway service area road would be subject to the act and therefore statutory control; i.e non relevant land for POFA purposes.
http://www.jamesmurraylaw.com/motoring-law/what-is-a-road/
http://www.jamesmurraylaw.com/motoring-law/what-is-a-road/
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Comments
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Would the carparks be classed as road? IMHO No. I would think it only applies to the service roads IE the main road in and out.0
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If there is a hotel on site, and it has a car park, is that subject to the RTA, what about petrol station forecourts?You never know how far you can go until you go too far.0
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If there is a hotel on site, and it has a car park, is that subject to the RTA, what about petrol station forecourts?
It depends, some sections of the Road Traffc Act 1988 only apply on 'a road', other sections apply on 'a road, or other public place', it is those sections that can apply to a hotel car park or petrol station forecourt.0 -
TBH, I think the only definitive answers for the above situations would need a court case setting some sort of case law0
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From a quick read, a Motorway service area road would be subject to the act and therefore statutory control; i.e non relevant land for POFA purposes.
For POFA not to apply, the area needs to be subject to statutory control in respect of parking, not just subject to statutory control.0 -
unforeseen wrote: »TBH, I think the only definitive answers for the above situations would need a court case setting some sort of case law
House of Lords, 23rd October 1988 re. Clarke v Kato and others. Their Lordship's decision was that a car park was not a road within the meaning of the Road Traffic Act.0
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