Some drivers!!

Car_54

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?

1. Never take legal advice from a policeman. They are neither trained nor qualified to give it.

2. The road is not closed to the public. The sign means only that it is closed to vehicular traffic. Traffic signs do not apply to pedestrians.

3. Are you seriously suggesting that special insurance is needed for private car parks, or even driveways?

Uxb1

'tis all a load of rubbish
I live on a tarmac'd way that is not a public road at all
There are no public rights of passage along it for cars - legally it does not exist and there is no google street view on it.
It is a private road as they are sometimes described. There is is nothing physically to stop you as a member of the public or indeed me as a resident driving down it and it has a reasonable tarmac surface.
Everyone's insurance is still valid on it - and yes there have been accidents on it

Nearly_Old

Uxb1 wrote: »

'tis all a load of rubbish
I live on a tarmac'd way that is not a public road at all
There are no public rights of passage along it for cars - legally it does not exist and there is no google street view on it.
It is a private road as they are sometimes described. There is is nothing physically to stop you as a member of the public or indeed me as a resident driving down it and it has a reasonable tarmac surface.
Everyone's insurance is still valid on it - and yes there have been accidents on it

As there is no physical barriers, or signs? then it could possibly be an "other public place" as decribed in RTA 1988 and then it would then be treated as a "road" for traffic offences.

a.turner

Nearly_Old wrote: »

As there is no physical barriers, or signs? then it could possibly be an "other public place" as decribed in RTA 1988 and then it would then be treated as a "road" for traffic offences.

If it's a public place it won't be a road for traffic offences.

Nearly_Old

a.turner wrote: »

If it's a public place it won't be a road for traffic offences.

"road" and "other public place" are treated identically e.g. RTA 1988
143 Users of motor vehicles to be insured or secured against third-party risks.

(1)Subject to the provisions of this Part of this Act—

(a)a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

a.turner

Nearly_Old wrote: »

"road" and "other public place" are treated identically e.g. RTA 1988
143 Users of motor vehicles to be insured or secured against third-party risks.

(1)Subject to the provisions of this Part of this Act—

(a)a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

Tax, mot, seatbelts aren't so they're not the same.

DCFC79

jaybeetoo wrote: »

I’m in Tenby watching the marathon. I’m being entertained by the police getting cross with drivers ignoring the road closed signs and the cones across the road.

Why do some drivers think these signs don’t apply to them?

They think the signs don't apply to them.
They don't see the signs.

Take your pick as to which 1 applies to the idiots.

Nearly_Old

a.turner wrote: »

Tax, mot, seatbelts aren't so they're not the same.

I agree it does not apply to all offences but the ones that it does apply are generally those that involve accidents/third parties where it makes sense to include "other public places" e.g:
1 Causing Death by Dangerous Driving
1A Causing Serious Injury by Dangerous Driving
2 Dangerous Driving
2B Causing death by careless, or inconsiderate, driving
3 Careless, and inconsiderate, driving
4 Driving, or being in charge, when under influence of drink or drugs.
143 Insurance (although CPS describe this as a "document offence"?)
170 Duty of driver to stop, report accident and give information or documents.


Tax, MoT, seatbelts, etc are individual offences not involving any third parties so there is a sort of logic to RTA 1988

a.turner

Nearly_Old wrote: »

I agree it does not apply to all offences but the ones that it does apply are generally those that involve accidents/third parties where it makes sense to include "other public places" e.g:
1 Causing Death by Dangerous Driving
1A Causing Serious Injury by Dangerous Driving
2 Dangerous Driving
2B Causing death by careless, or inconsiderate, driving
3 Careless, and inconsiderate, driving
4 Driving, or being in charge, when under influence of drink or drugs.
143 Insurance (although CPS describe this as a "document offence"?)
170 Duty of driver to stop, report accident and give information or documents.


Tax, MoT, seatbelts, etc are individual offences not involving any third parties so there is a sort of logic to RTA 1988

But Uxb1's tarmac way isn't a road and probably isn't a public place for the purposes of the Road Traffic Act.

Nearly_Old

a.turner wrote: »

But Uxb1's tarmac way isn't a road and probably isn't a public place for the purposes of the Road Traffic Act.

"But Uxb1's tarmac way isn't a road" - Evidence?
Post 23 describes it as a "private road" it may of course just be an unadopted road we don't know. The tarmac is not an indicator as public place may not be surfaced.