Traffic Laws On Private Land: What's The Verdict?

Road traffic laws in the UK apply to those using a vehicle on a road or other public place. The term 'road' is defined by the Road Traffic Regulations Act as any length of highway or other road to which the public has access. This includes footpaths, bridleways, cycle tracks, and many roadways and driveways on private land. A public place is considered to be somewhere that members of the public have access to, such as a public car park operated by a private firm. However, there is a legal loophole: if an incident occurs on private land, those involved are not obliged by law to inform the police, and are unlikely to face criminal prosecution for driving offences.

Public vs private land definitions

Public land is owned by a government entity, while private land is owned by non-governmental legal entities. In the UK, the term 'road' is defined by the Road Traffic Regulations Act as "any length of highway or other road to which the public has access". A public place is considered to be somewhere that members of the public have access to, such as a public car park operated by a private firm.

In the US, public lands are referred to as either public lands or the public domain, and are managed by government entities at all levels, from townships to the federal government. The majority of public lands in the US are held in trust for the American people by the federal government and managed by agencies such as the Bureau of Land Management (BLM) and the US Forest Service.

In the context of driving laws, public land refers to roads or other public places that are accessible to the public. This includes not only roads and highways but also public car parks, footpaths, bridleways, and cycle tracks. Driving laws in the UK apply to those using a vehicle on a road or other public place, and certain offences such as drink-driving can be committed in these locations.

Private land, on the other hand, is land that is not accessible to the public and is typically owned by private individuals or entities. This can include residential property, farmland, or private parking lots. While driving laws may not apply in the same way on private land, there are still legal consequences for certain actions such as theft or assault.

It is important to note that the specific definitions and regulations related to public and private land can vary between countries and legal systems.

Driving laws on private land

In the UK, driving laws apply to those using a vehicle on a road or other public place. The Road Traffic Regulations Act defines a 'road' as "any length of highway or other road to which the public has access". A public place is considered to be somewhere that members of the public have access to, such as a public car park operated by a private firm.

However, the definition of a road is not always straightforward. For example, a supermarket car park is private land owned by the supermarket, but as the public has access to it, it is considered a public place. Therefore, driving offences such as drink-driving can be committed there.

In contrast, a housing estate road used only by residents and their visitors is not considered a road to which the public has access. Similarly, a private car park with an electronic gate is not a public place, so drink-driving laws do not apply there.

It is important to note that some driving offences, such as keeping a vehicle without insurance or stealing a car, can be committed even on private land.

There have been calls for a change in the law to include private land in driving offence prosecutions, following incidents where drivers have evaded criminal prosecution due to the location of the offence. This proposed change in the law has been referred to as 'Whitlam's Law'.

As the law currently stands, if a serious incident occurs on private land, those involved are unlikely to face criminal prosecution for driving offences. However, they may face charges such as "wanton or furious driving" under the Offences Against the Persons Act or gross negligence manslaughter if they are found to have breached their duty of care.

In summary, while most driving laws apply on roads and other public places, there are exceptions and grey areas. It is crucial to understand the specific definitions and interpretations of these terms to determine whether driving laws apply on private land in a given context.

Drink-driving on private land

In Australia, the laws differ depending on the state. In New South Wales, police cannot require a person to submit to a breath test at their home, which includes private property and rented spaces. However, if an incident occurs on private land, police can arrest you and administer a breath test at the police station within two hours of the incident. Queensland, Victoria, Tasmania, and South Australia have stricter laws, allowing police to breath-test individuals suspected of drink-driving on private property. In Western Australia, individuals must submit to a breath test as requested by a police officer, and police can request a breath test from anyone suspected of being involved in a crash, regardless of location.

It is important to note that drink-driving laws are subject to change and may have evolved since the sources were last updated. Therefore, it is always advisable to refer to the most recent legislation and seek legal advice for specific situations.

Driving offences on private land

The first place to start is to establish what legally constitutes a road. The law defines a road as 'any highway and any other road that is accessible to the public'. Surprisingly, very few people who face prosecution for drink driving know that the onus is on the prosecution to prove that they were on a road or in a public place. The question that must be asked is: do the public have access to it?

Roads with restricted access are usually considered private. Restrictions can be put in place by erecting barriers such as a gate or fence or exhibiting a sign prohibiting the general public from accessing the road. So, a road that prohibits the general public from using it can be considered private. Milkmen, postmen, and police officers are deemed to have the owner's consent to enter a private road.

If a supposedly 'private road' has no physical obstruction or restrictions preventing access to the general public, then access to that road will be deemed to be at the tolerance of the owner, which could result in the road being classed as 'public'. However, there would also have to be evidence of 'public use' of the road.

A defendant has no obligation to prove that a road has no public access. The burden of proving that the public has access rests on the prosecution. A recent example is the case of Mr Hallett, who was initially convicted of drink driving. He argued that the road was a 'service road' only used by him and other residents of adjoining properties, and there was no evidence of 'public use'. On appeal, the High Court agreed and his conviction was quashed.

Another example is the case of Peter McGuire, a Parish Priest at St John the Baptist Church in Yorkshire. He was found not guilty of being twice the legal drink-drive limit and colliding with another car in the church car park. This was because only a 'special class' of people, those attending the 'puppy club' at the church social club, had permission to use the car park at that time.

So, while most driving offences require you to be on a road or in a public place, there are some exceptions. These include keeping a vehicle without insurance, not having an MOT, or stealing a car.

There have been calls for a change in the law so that incidents on public or private land are treated the same. This follows cases where drivers have evaded criminal prosecution for causing death by dangerous driving because the incident took place on private land. In these cases, the Health and Safety Executive has brought a private prosecution, but the sentences have been far below what could be expected if the incident had occurred on public land.

Road Traffic Act 1988

The Road Traffic Act 1988 (RTA 1988) is an Act of the Parliament of the United Kingdom, concerning the licensing of vehicles, insurance, and road regulation. The Act defines a road as "any highway and any other road to which the public has access and includes bridges over which a road passes." This definition includes many roadways and driveways on private land, such as car parks.

The Act gives police officers the power to stop a vehicle on a road, with a road defined as anywhere the vehicle is propelled by mechanical means or physical exertion. Officers can request a driver's license for examination and ask for their name, address, and vehicle insurance details. Failure to comply with these requests can result in criminal sanctions.

Part I of the Act covers traffic offences, including causing death by dangerous driving, driving under the influence of substances, and requirements for seat belts and motorcycle helmets. Part II regulates the construction and use of motor vehicles, with provisions for testing, inspection, and prohibiting vehicles that do not meet standards.

Part III outlines the law on driving tests, issuing licenses, and disqualifying drivers. Part IV focuses on the licenses required for large goods vehicles and passenger-carrying vehicles, while Part V addresses the registration, licensing, and examination of driving instructors.

Part VI contains provisions for compulsory vehicle insurance, and Part VII includes miscellaneous provisions.

While the Act primarily applies to roads, some serious driving offences, such as drink-driving, also apply to all public places, including public car parks.

Frequently asked questions