hi,

just wondering if anyone knew if that is true.

Friends got a warning by the plod for riding their mini motos around mcd's, the plod stated that as the carpark did not have its own gates (just an entrance) they could apply the laws of the public highway in it.

It was about 12pm, the carpark was empty and there arent any homes close by!

Is this true?

 

Sounds like the Police are trying it on to me. It's private ground so I can't see public highway rules applying.

 

Not as far as i know. I was always under the impression that any car park ie retail park etc is private property, gates or no gates.

The main reason why people doing donuts etc at cruises could not be prosecuted.

You wouldnt get in trouble on your driveway for using mini motos even if it had no gate.........

Its up to the owners of the property

 

You can still be prosecuted on private land for dangerous driving and under the influence I think.

Not sure what law they would try and use for riding a mini moto on private land

 

LOL True

 

You can be prosecucted for driving offences on the drive along parts of the car park but not the car parking spaces

 

Yes its true,if the car park had gates and they were locked (basically closing it off i.e supermarket closed which no longer means access for general public)then no it isn't a highway, if it doesn't and has an exit and entrance point it is still classed as highway for the purpose of road traffic offences... Luckily for us or every time some muppet bumps you in a Supermarket car park you wouldn't be covered by the Road Traffic Law and subsequently they wouldn't have an obligation to pass you there details.


Hope this helps

easier way of saying it is the post above!

 

I think I remember someone telling me that they can they do you due to the carpark having public access and so you can potentially endanger other members of the public if they enter the carpark - not sure if that is correct though.

 

Basically. If the public have access then the public highway laws apply.

Andy

 

Petrol station forecourts count too. I remember years and years ago my Dad got banned for a month and he wasn't even allowed to drive a car from our workshops onto the forecourt of the petrol station.

 

The law is "any place to which the public have access, either freely or through payment", so your knackered!
Also mini moto's are classed as vehicles, so tax, insurance, MOT etc apply. As well as those stupid go-ped things.
Beware

 

Glad the police can do people in these places. Keeps the Chavs on their toes. If the law didnt protect us in these places the burbery brigade with their puffa jackets and white trainers wouldn be a danger to normal people.

 

Wot's wrong with white trainers...

Mick

 

they can be both. depends on many things, but dangerous driving and dangerous activities are always going to be the polices concern

 

If there is a public right of access then certain road traffic laws can be applied I believe. For example if you were having a laugh driving around a field with locked gates while drunk, you could still be prosecuted for drink driving or dangerous driving if there was a Public Footpath through the field.

 

As i understand it, the law basically applies to anywhere that other members of the general public have access. I.e. (as stated above) footpaths, entrances and exits, etc.

Of course if you can prove that the land is privately owned by McD's or whoever and there was no public access at the time then thats ok your friend would get off. But expect to then be charged with trespass and willful criminal damage, which is far worse than the warning he has received already!

Private land really is what it says it is, somewhere that no one can go without the express permission of the land owner.