Banned from driving?

[The Mighty Elvi]

Must have public access.

Hello grey area.

Well, its not a grey area, it's defined by case law. A public car park, as above, is not "a road" but it does have public access, hence the RTA Applies.

The prosecution has to prove that the land on which the offence has occurred falls under the description of "road" or "public access" under the RTA.

If your garden has no access to the public, even it it has a gate or sign saying "trespassers will be prosecuted"  the RTA will not apply as you have put sufficient barriers in place to stop access.

[Waspy]

Plus, if it was only in public access spaces, why do I need a permit to run any motor sport event which is held on private land?

So that not just any monkey with a bit if land can run a dangerous event?

So can I get done for doing a tonne over a mates field, which obviously has no speed limit?

[The Mighty Elvi]

....

"Most offences under the Road Traffic Act 1988 require the conduct complained of to be on a 'road or public place'. It is for the Crown to prove that the location in question is covered by the legislation.

 

However, what falls within this definition is more complicated than immediately meets the eye and the defence must be mindful of the case law upon this point. The fact that an area is not maintained by the Council does not mean it is excluded.

 

S192 RTA 1988 sets down that a 'road' means 'any highway and any other road to which the public have access and includes bridges over which a road passes'. There are a number of elements within this definition.

Road
A road has been held in the case of Worth v Brooks [1959] Crim LR 885 include pavements and boundary grass verges.

Highway
The case of Suffolk County Council v Mason [1979] AC 705 has set down that a highway is anywhere that members of the public are afforded a right of way on foot, riding, accompanied by a beast of burden or with vehicles or cattle. Bridleways, footpaths and carriageways which are open to the public are 'highways'.

If any part of a vehicle is on a road, even where it is partly or mostly on some other private land, the vehicle is to be treated as being on a road - Randall v Motor Insurers' Bureau [1969]1 All ER 21

A highway, unlike a road, is covered by the RTA 1988 even where it is temporarily closed off - McCrone v J & L Rigby (Wigan) Ltd [1950] 50 LGR 115

Access to the Public
To fall within S192[1] RTA 1988 the road must be one to which the public have access. Whether or not the public have access to a road is a question of fact. If a member of the public has to over come some form of physical barrier or act in defiance of a prohibition then that will not be considered a road to which the public have access - Cox v White [1976] RTR 248

A sign on a private road which stated that 'Trespassers will be prosecuted' was held to be a sufficient prohibition to members of the public to exclude the location from S192 1988 - R v Beaumont [1964] Crim LR 665

A car park is not a road - Clarke v Kato [1998] 1 WLR 1647. However, it is a public place within S192 and so otherwise included.

Public Place
A location is a public place if people gain access to it in their capacity as members of the public rather than as a person with some form of permission to enter.

Multi storey car parks, hospital car parks and pub car parks during licensing hours have been held to be public places. A pub car park may only be a public place after licensing hours if the public, in fact, do use the car park at that time."