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  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Nearly_Old wrote: »
    "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.

    He said it's not a road are you saying hes lying?

    Just because it's not gated doesn't mean it's a public place.
  • Nearly_Old
    Nearly_Old Posts: 482 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    a.turner wrote: »
    He said it's not a road - No you are being very selective in quoting as all Uxb1 posted is that it is not a PUBLIC road are you saying hes lying?

    Just because it's not gated doesn't mean it's a public place.
    Quote:
    Originally Posted by Uxb1 viewpost.gif
    '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
    What does Uxb1 mean by not a public road? Do you know? It needs Uxb1 to explain what is meant by "not a public road".
    Similarly what does Uxb1 mean by "it is a private road"? If the accidents have lead to prosecution under the RTA then it needs to be either a road or a public place. The lack, or presence of gates is again in itself not definitive in deciding if it is/is not a public place.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Nearly_Old wrote: »
    What does Uxb1 mean by not a public road? Do you know? It needs Uxb1 to explain what is meant by "not a public road".
    Similarly what does Uxb1 mean by "it is a private road"? If the accidents have lead to prosecution under the RTA then it needs to be either a road or a public place. The lack, or presence of gates is again in itself not definitive in deciding if it is/is not a public place.

    All he said was insurance covered the accidents no mention of a prosecution.

    Given what he replied to theres no evidence the road traffic act applies but feel free to Google some more.
  • Car_54
    Car_54 Posts: 8,851 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Nearly_Old wrote: »
    What does Uxb1 mean by not a public road? Do you know? It needs Uxb1 to explain what is meant by "not a public road".
    Similarly what does Uxb1 mean by "it is a private road"? If the accidents have lead to prosecution under the RTA then it needs to be either a road or a public place. The lack, or presence of gates is again in itself not definitive in deciding if it is/is not a public place.
    From the description it is an unadapted road, i.e. not maintained at public expense. However, in the absence of a gate it is a road “to which the public has access”, and therefore clearly meets the RTA definition of a road. The RTA does not concern itself with the ownership of the road.

    “Public place” is a red herring.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Car_54 wrote: »
    From the description it is an unadapted road, i.e. not maintained at public expense. However, in the absence of a gate it is a road “to which the public has access”, and therefore clearly meets the RTA definition of a road. The RTA does not concern itself with the ownership of the road.

    “Public place” is a red herring.

    The absence of a gate is also a red herring.
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