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I have tried to obtain this from the local police but they appear unsure of their powers.
I live on a private road that is approx 0.5 mile from the public road. There is no public right of way and the road ends at my house with no other route available. I have confirmed this with the local council.
However near to my home is a 'crash gate' access for the airport that has hard standing for emergency vehicles.
I have put up private road signs and the airport has painted on the road that there is no parking, most people adhere to this and the police move them on when called.
Certain 'plane spotters' refuse to adhere to this and park at the gate, my question is the Road Traffic Act 1988 Section 34 applicable in this case (I live in Scotland).
I have attempted to ask people to leave but I am sick of the verbal abuse and as I am on my own when asking them I err on the side of caution and leave without engaging them in an argument.
I am looking for a substantive resolution to my problem.
If so I would obtain suitable signage and discuss this further with the local police to assist. My other concern is that I believe plane spotters are using the gate to park at, however, in terms of airport security I believe that this is not adequate,
If it as offence to park in the street where do the residents park?
Who owns the road?
Why do you ask them to move?
we park at our houses, it's a single track road.
3 houses co-own the road
they leave rubbish, block the road and some drive at speed along the road causing danger to anyone walking on it, by the time police come they have left.
If its a private road surely the Police have no power to move anyone on? If there is no right of way how does the airport use the gate? The only solution as far as I can see is to gate the road to prevent access.
The airport has easement rights on the title deeds to use the emergency gate if needed,
I have looked at the Act and that is my question does S34 of the RTA88 give the police powers in this case, I believe it is similar to stopping cars driving on any road they want, as in the rights of access legislation?
The airport has easement rights on the title deeds to use the emergency gate if needed,
I have looked at the Act and that is my question does S34 of the RTA88 give the police powers in this case, I believe it is similar to stopping cars driving on any road they want, as in the rights of access legislation?
Its private property, the Police cannot stop people driving up your road. As stated before if it is an offence they could stop you or any of your visitors driving down the road? How do you think s34 can be relevant?
so if you have a private road you can't do anything about it, so I can drive on any private road in the UK and there's no offence?
Road traffic legislation applies to all roads, defined as any highway or other road to which the public has access. It would be for the courts to decide whether any particular unadopted road was one to which the public had access. Where the public does have access to such a road, the police are able to use their full range of powers to enforce road traffic legislation. You cannot have your cake and eat it as the saying goes, if you want the Police to have power to enforce the public must have access which is the one thing you are trying to prevent.
Road Traffic Act 1988 Section 34
that has hard standing for emergency vehicles.
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Originally Posted by green_and_mean
