Do road rules still apply when a public highway is closed?

Mercdriver

Deastons wrote: »

Thanks for the advice, although the question is not about insurance, just about the legalities.

Do you seriously think that if you injure someone with the device you can't be sued? Hence insurance is relevant.

laidbackgjr

Deastons wrote: »

And there were motor vehicles on the road - but who is ultimately responsible for giving permission? The event organiser I assume? Can that event organiser give permission for a non-road worthy vehicle to be used on the closed road?

On a public road closed by a simple TRO - the RTA still applies - so still need to have taxed / mot / insurance as normal. A TRO only closes the road to traffic, it does not suspend the Road Traffic Act. It's the organisers who can control which vehicles can use the closed road - but the RTA still applies so they can't give permission for a non-road worthy vehicle to use the closed road.

Worth noting also a simple TRO does not close the road to pedestrians or emergency vehicles.

For the private park with closed public access it's different - in that case you do not need tax / mot / insurance as the RTA does not apply (private land). However it's very unlikely an event organiser would give permission for someone who wasn't involved in the event organisation and covered under the events public liability insurance to drive a non-road worthy vehicle on the private park.

AdrianC

Deastons wrote: »

The road was closed to traffic (police etc had closed the road) but the public were still walking around. Vehicles with the event (delivering goods/equipment etc) were driving on the closed roads, albeit very slowly.

My ATV would have proved very useful in getting around and carrying things to and from.

In your role as part of the event organising/stewarding team, or just because you didn't want to carry your own stuff?

Deastons

Mercdriver wrote: »

So you are just asking an inane question about theoretical events just like your famed BMW cars?

I'm asking a question about the legalities of driving a non-road legal vehicle on a public road when the road is closed.

No idea what your comment about my BMW is (having never owned a BMW).

Deastons

Mercdriver wrote: »

Do you seriously think that if you injure someone with the device you can't be sued? Hence insurance is relevant.

The issue of insurance/injury/legal action is separate and not relevant at this time. Once I have information as to whether or not it's legal I can then research the issues of insurance and whether my £10m liability insurance would cover any accidents in relation to the ATV.

Deastons

laidbackgjr wrote: »

On a public road closed by a simple TRO - the RTA still applies - so still need to have taxed / mot / insurance as normal. A TRO only closes the road to traffic, it does not suspend the Road Traffic Act. It's the organisers who can control which vehicles can use the closed road - but the RTA still applies so they can't give permission for a non-road worthy vehicle to use the closed road.

Worth noting also a simple TRO does not close the road to pedestrians or emergency vehicles.

For the private park with closed public access it's different - in that case you do not need tax / mot / insurance as the RTA does not apply (private land). However it's very unlikely an event organiser would give permission for someone who wasn't involved in the event organisation and covered under the events public liability insurance to drive a non-road worthy vehicle on the private park.

Ok - thanks for this info. So do you think, even if I sought specific permission from the council/organisers/whoever, if my ATV isn't road legal, there is simply no way that it could be driven on a public road (having the road closed to pedestrians too, if that's even possible, for example).

k3lvc

The legalities will be tucked so far away in acts depending on the method used for closure that you're likely to need proper advice from the organiser.

Have you been told you can't use it/not legal and you're looking for a get out to challenge that or are you just 'concerned' before you do it.

From a (previous) police perspective I'd have used discretion and common sense. Rural environment where people are sensible and helping out for the good of the community with no complaints and sensible driving then irrespective of the 'legalities' a blind eye would be turned. Busier location where outsider turns up with vehicle against advice, driving isn't appropriate and complaints are received then action taken.

With a full story then the advice can be better (and whatever you think the insurance element is very relevant)

Deastons

k3lvc wrote: »

The legalities will be tucked so far away in acts depending on the method used for closure that you're likely to need proper advice from the organiser.

Have you been told you can't use it/not legal and you're looking for a get out to challenge that or are you just 'concerned' before you do it.

From a (previous) police perspective I'd have used discretion and common sense. Rural environment where people are sensible and helping out for the good of the community with no complaints and sensible driving then irrespective of the 'legalities' a blind eye would be turned. Busier location where outsider turns up with vehicle against advice, driving isn't appropriate and complaints are received then action taken.

With a full story then the advice can be better (and whatever you think the insurance element is very relevant)

The organiser wanted me to use it and thought it would be ok, but I ultimately refused as I wasn't sure of the rules. As it happens, the vehicle would have been moved to a position where it would have stayed for a few hours before being moved back - it would have driven, at very low speed (max 5mph) all of 150ft.

You'll notice that at no time have I said the issue of insurance is irrelevant, it's just a specific detail I'm not currently requesting advice about.

k3lvc

Deastons wrote: »

My ATV would have proved very useful in getting around and carrying things to and from.

Deastons wrote: »

As it happens, the vehicle would have been moved to a position where it would have stayed for a few hours before being moved back - it would have driven, at very low speed (max 5mph) all of 150ft.

Your story doesn't stack up - I'm assuming given past tense that this is all theoretical now anyway so not quite sure what you're trying to solve

Deastons

k3lvc wrote: »

Your story doesn't stack up - I'm assuming given past tense that this is all theoretical now anyway so not quite sure what you're trying to solve

If you read my first post, I think that will answer your question. I'm trying to find out if/how I can drive a non-legal vehicle on a road during a road closure.

That's it in a nutshell.