Some drivers!!

George_Michael

a.turner wrote: »

Are you sure?

Well, this is what the act states as the meaning of a road:

road”
(a)in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

Car_54 wrote: »

Under which section of the Act?

https://www.legislation.gov.uk/ukpga/1988/52/section/192

a.turner

George_Michael wrote: »

Well, this is what the act states as the meaning of a road:

https://www.legislation.gov.uk/ukpga/1988/52/section/192

The public have access so it's still a road.

George_Michael

a.turner wrote: »

The public have access so it's still a road.

But not legal access if it's closed off.

Using your logic, I could drive to an airport in a low slung sports car, drive under a security barrier (I know someone who owned a Caterham 7 and could do this), and then proceed to drive on the perimeter road and would still be legally insured if I was to smash into a parked aircraft.

The public have access to the road leading to my house by opening a gate. Does this mean that this access road is classed as having public access and that it would be illegal to drive a Sorned vehicle on it?

Car_54

George_Michael wrote: »

But not legal access if it's closed off.

But the point is that the road is not closed to the public, it is closed to vehicles.

In any case a temporary closure doesn’t stop it being a road. That is akin to claiming that a broken-down vehicle doesn’t need tax and insurance, because it is temporarily not mechanically driven. That doesn’t work either.

a.turner

George_Michael wrote: »

But not legal access if it's closed off.

Using your logic, I could drive to an airport in a low slung sports car, drive under a security barrier (I know someone who owned a Caterham 7 and could do this), and then proceed to drive on the perimeter road and would still be legally insured if I was to smash into a parked aircraft.

The public have access to the road leading to my house by opening a gate. Does this mean that this access road is classed as having public access and that it would be illegal to drive a Sorned vehicle on it?

So the Tenby marathon runners were all trespassing?

Bit ridiculous about an airport as it's not a road.

As for the road to your house is it maintainable at public expense? If not you don't need tax and SORN is irrelevant.

Richard53

shaun_from_Africa wrote: »

If a road is totally closed to both vehicles and the general public then this might be the case but as the road in question was being used by people running (or walking) a marathon, then the vehicle's insurers must still honour the policy.

This is because according to the RTA, it is a legal requirement for a motor vehicle that is being used on a road or other public place to have a minimum of 3rd party insurance.

I wonder if tacpot12 is thinking of someone who drives onto a closed road (e.g. closed by police after flooding) and wrecks the car, and the insurers refuse to pay out for the damage? I'm sure I have heard of that happening. Nothing to do with RTA.

George_Michael

Car_54 wrote: »

But the point is that the road is not closed to the public, it is closed to vehicles.

I agree with that point but that wasn't what I was originally responding to.
I stated that if a road is closed to the public then according to the RTA, it doesn't qualify as a road for the purposes of that act

George_Michael wrote: »

If it is temporarily closed to the public then as far as the Road Traffic Act is concerned, it no longer qualifies as a road.

and the response to this was:

a.turner wrote: »

Are you sure?

To be honest, I think we are discussing different things, so we aren't really ever going to agree.

a.turner

George_Michael wrote: »

I agree with that point but that wasn't what I was originally responding to.
I stated that if a road is closed to the public then according to the RTA, it doesn't qualify as a road for the purposes of that act


and the response to this was:


To be honest, I think we are discussing different things, so we aren't really ever going to agree.

Because you're wrong.

tacpot12

a.turner wrote: »

I didn't know that, is it something you've heard some time ago or just made it up?

I was told it by a Policeman. I was marshalling for a road race, and was told by the Policeman that I should advise motorists arriving at the Road Closed signs that if they proceeded beyond it, their insurance would be invalid as they were not driving on a public road. I never thought to question this until now, but being curious I have checked and the Road Traffic Act 1988, s 192(1) does indeed define (in England) a road as any highway to which the public has access. if the road is Closed, it is not a road (the clue in the words written on the sign "Road Closed"), and therefore driving on it is not covered unless you insurance policy covers you for off-road driving.

Arguing that the public has access to the road, and therefore the road isn't closed, means you are arguing that no road can ever be closed to allow for a public event. Is this really the situation you want to achieve?

a.turner

tacpot12 wrote: »

I was told it by a Policeman. I was marshalling for a road race, and was told by the Policeman that I should advise motorists arriving at the Road Closed signs that if they proceeded beyond it, their insurance would be invalid as they were not driving on a public road. I never thought to question this until now, but being curious I have checked and the Road Traffic Act 1988, s 192(1) does indeed define (in England) a road as any highway to which the public has access. if the road is Closed, it is not a road (the clue in the words written on the sign "Road Closed"), and therefore driving on it is not covered unless you insurance policy covers you for off-road driving.

Arguing that the public has access to the road, and therefore the road isn't closed, means you are arguing that no road can ever be closed to allow for a public event. Is this really the situation you want to achieve?

What a load of rubbish, by that logic you need insurance for off road driving every time you pull into a car park because it's not a road.