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i was done for having my vehicle parked outside the house, "failure to display a tax disk on a public highway" it has a SORN on it. l did think it was completely legal as the house is on a private estate, ex RAF so the road is on private land and fully maintained and lighted by us.
the council have refused to adopt it because of the width, but the vehicle was parked partly on the "pavement" so as to not block the road. families freely walk up and down in the middle of the road to the school and have never bothered with the paths as there is so few cars to worry about.
the pc involved is completely adament its public highway. is it?
I can only talk for Scotland, however I think the situation is similar in England. Every local authority will have a 'list of roads' (as we have roads in Scotland, not highways) which sets out all of the roads and the extents that are adopted (and therefore maintained) by the local authority. These are the public roads. A word with your local authority, or at worst case an FOI request, should clarify this. Hope that helps.
the road is on private land and fully maintained and lighted by us.
the council have refused to adopt it because of the width,
If the road is unadopted then it is not a public road, if you maintain it then it is a private road, so the cop is wrong to book you, anadopted roads and street lighting can bring a monetary benefit for residents as they can have their council tax band reduced because residents maintain the roads, footpaths, lights and sewers. put in for a reduction en-bloc
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
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Re: what is a public highway?
sorry no.
if it is not gated and closed for [x] amount of time [don't know specifics] then it is still governed by the same laws & is classed as a public highway.
dx100uk
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sorry no.
if it is not gated and closed for [x] amount of time [don't know specifics] then it is still governed by the same laws & is classed as a public highway.
dx100uk
Sorry No
A public highway is a road which is maintained by a public authority, I lived on one, on a self build site we built a road to adoption standards, road surface kerbs lighting sewers etc which the council would not adopt because it had no turning circle, the 6 residents living on the road all had discounts for rates because we had to maintain it, another thing the council will not adopt a road which is accessible only from an unadopted road, even today very olds roads will not be adopted by any council until they are made up to adoption standards
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NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
A public highway is a road which is maintained by a public authority, I lived on one, on a self build site we built a road to adoption standards, road surface kerbs lighting sewers etc which the council would not adopt because it had no turning circle, the 6 residents living on the road all had discounts for rates because we had to maintain it, another thing the council will not adopt a road which is accessible only from an unadopted road, even today very olds roads will not be adopted by any council until they are made up to adoption standards
So are you saying that the road on which you live has no speed limit, that you can drive along it dangerously or when drunk and cannot be prosecuted?
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
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Re: what is a public highway?
anyhow
back to the gents thread
the thing here is ok you've been unlucky as such, but you should not park on the pavement, p'haps if this had not been done, you might have esacaped it being noticed or reported.
think of things this way, cause you're logic does not work:
you got a SORN for the vehicle, why? if you thought as you did, that it was private, you didn't even need to get a SORN did you?
the law[s] regarding private roads seem to have these old wives tales attached to them.
the only real criteria is it being gated, if it is then it is truly private, if it is not, it is no diff to a public highway.
dx100uk
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
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my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
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So are you saying that the road on which you live has no speed limit, that you can drive along it dangerously or when drunk and cannot be prosecuted?
In a word ...YES!! because it is unadopted therefore it is private land the Police cannot nick you for any motoring offence, speeding, parking, driving, etc, if it is on a private road.
think of things this way, cause you're logic does not work:
you got a SORN for the vehicle, why? if you thought as you did, that it was private, you didn't even need to get a SORN did you?
Of course a SORN would still be required, a SORN states that the vehicle will not be taken on a public highway.
Originally Posted by xipetotec46
In a word ...YES!! because it is unadopted therefore it is private land the Police cannot nick you for any motoring offence, speeding, parking, driving, etc, if it is on a private road.
What nonsense. The laws still apply to unadopted roads. The same applies to the M6 Toll Road for example - this is a private road but still has speed limits which are enforcable.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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In a word ...YES!! because it is unadopted therefore it is private land the Police cannot nick you for any motoring offence, speeding, parking, driving, etc, if it is on a private road.
In this Utopia of yours, would also think that the Police cannot nick you on a motorway services - because they too are private roads/land
What nonsense. The laws still apply to unadopted roads. The same applies to the M6 Toll Road for example - this is a private road but still has speed limits which are enforcable
Yes because the M6 Toll must be an adopted road but don't ask me how they get around that one, I repeat you cannot be nicked for any motoring offence on a private or unadopted road. if you live in a big house with a 3 mile tarmacadam road leading to the house with or without a gate, do you think the police can enforce any motorong laws on you if you are speeding or drunken driving on it you dont even have to have road tax, but you must still declare SORN provided you don't go onto a PUBLIC road, if you were drunk and sat in your car with the engine running on your drive can the police nick you, no they can't because it is private property and not a PUBLIC road
Your own private driveway is completely different to an unadopted road.
And again, the M6 Toll road is a private road, not a public road so are you trying to say there are no speed limits on that road either?
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Yes because the M6 Toll must be an adopted road but don't ask me how they get around that one, I
The M6 toll road is definitely not adopted. It is privately owned. There is a Statutory Instrument with the effect of applying the RTA to this private road. This is not because it is private, as the RTA applies to any road to which the public normally have free access, but because it has tolls and restricted access (ie not on foot etc.).
Originally Posted by xipetotec
I repeat you cannot be nicked for any motoring offence on a private or unadopted road.
Oh yes you can. The public highway includes any road to which the public normally have free access. Every bridge over a railway is owned by Railtrack and is not public property; the RTA applies. Every motorway services is privately owned but the RTA applies because the public have free access
Originally Posted by xipototec
if you live in a big house with a 3 mile tarmacadam road leading to the house with or without a gate, do you think the police can enforce any motorong laws on you if you are speeding or drunken driving on it you dont even have to have road tax, but you must still declare SORN provided you don't go onto a PUBLIC road, if you were drunk and sat in your car with the engine running on your drive can the police nick you, no they can't because it is private property and not a PUBLIC road
This is because your driveway is not normally available to free public access. If there were a public right of way along it (footpath, etc.) then you could be nicked.
Anyway, as far as drinking is concerned, the police can always charge you with 'drunk in charge'. In theory, they can nick you for this when you are stood swaying in a pub and the car is at home as you have possession of the keys - which is sufficient to put you 'in charge'.
To get back to the OP's original question which was a regards VED/SORN.
The Vehicle Excise and Registration Act 1994 requires that a vehicle have a valid VED if on a public road. If it is not taxed, then it must be SORN'd and kept of the public road. It is worth remembering that highway includes the pavements and verges. If the vehicle was entirely on your property, and you can prove this then you win. If it was even partly on the verge, you lose.
For the purposes of this Act, the public road is defined as one maintained at the public expense.
The RTA applies to roads and other places to which the public has access. Thus speeding, etc. does apply to a private road where the public normally has access.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
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Re: what is a public highway?
the situation when upon your private drive also needs clarification, though it is not linked to the private road/estate debate.
you can be nicked for sitting on your own drive whilst in your car under the influence of alcohol or drugs, regardless of if it is running or not.
mere intent too or suspicion of drink/drug driving is all that is needed.
and so you should be.
this is another old wives tale.
dx100uk
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
A public highway is anywhere that the public would normally have a right to drive a mechanically propelled vehicle, whether on payment or otherwise ( includes toll roads) as such a pub car park can be classed as a public highway, unless it is gated outside of hours of business, hence you can be nicked for dangerous driving in Tesco's car park or (if you are sat in the back seat of your car with the keys in your pocket) in the pub car park if you are over the limit.
A private driveway will only go to one residence, as such it could be argued that the public would not have access, a private road would go to more than one premises therefore the standard duty of care to other road users would be the overriding consideration, the law would apply and as such, if your car was parked on the road under a Statutory OFF Road Notice, you are in breach.
Before you ask, in a previous life I was a copper in the nether regions of hell (Swindon) and have since spent some considerable time working in Criminal Defence for a law firm in my home town, if we could have used this "defence" believe me, we would have done so on numerous occasion
A public highway is anywhere that the public would normally have a right to drive a mechanically propelled vehicle, whether on payment or otherwise ( includes toll roads) as such a pub car park can be classed as a public highway, unless it is gated outside of hours of business, hence you can be nicked for dangerous driving in Tesco's car park or (if you are sat in the back seat of your car with the keys in your pocket) in the pub car park if you are over the limit.
A private driveway will only go to one residence, as such it could be argued that the public would not have access, a private road would go to more than one premises therefore the standard duty of care to other road users would be the overriding consideration, the law would apply and as such, if your car was parked on the road under a Statutory OFF Road Notice, you are in breach.
Before you ask, in a previous life I was a copper in the nether regions of hell (Swindon) and have since spent some considerable time working in Criminal Defence for a law firm in my home town, if we could have used this "defence" believe me, we would have done so on numerous occasion
Sorry, for VED/SORN, the relevant Act specifically states "road maintained at public expense". You do not need VED on any privately owned road.
what is a public highway?
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Re: what is a public highway?
Originally Posted by dx100uk
