Private roads: some questions for PHers
Discussion
1. If you speed or drive without insurance on a private road, are the police able to do anything?
2. If you have no business being in a private road, save being nosey and looking at nice houses from the car, are residents entitled to ask you to leave? Do they have any different rights, when compared to residents of a 'normal' road?
2. If you have no business being in a private road, save being nosey and looking at nice houses from the car, are residents entitled to ask you to leave? Do they have any different rights, when compared to residents of a 'normal' road?
1. If its accessible to the public then the Road Traffic Act applies, so yes you need insurance and need to obey speed limits. Basically if you can drive onto the road and don't go through gates then the RTA applies.
2. I believe that they can. Access is granted by the owners, they can therefore remove the right of access at any time.
2. I believe that they can. Access is granted by the owners, they can therefore remove the right of access at any time.
M3CS said:
1. If you speed or drive without insurance on a private road, are the police able to do anything?
2. If you have no business being in a private road, save being nosey and looking at nice houses from the car, are residents entitled to ask you to leave? Do they have any different rights, when compared to residents of a 'normal' road?
Your second question is easy. You are effectively trespassing and have no right to be on priovate land without the owners permission. Various rights granted to other users of the private road may allow you to be there, but if you do not know them or are not visiting it is unlikely.2. If you have no business being in a private road, save being nosey and looking at nice houses from the car, are residents entitled to ask you to leave? Do they have any different rights, when compared to residents of a 'normal' road?
Having said that, there is not much someone can do if you are trespassing, they can ask you to leave, they can secure the entrance, but only a lunatic would prosecute you because it would cost a afortune and they would need to prove a loss, which would be difficult unless you were causing an obstruction or damage
2 seconds of googling brought up this: http://www.privateroads.co.uk/
And this PDF file download on the Law and Private roads: http://www.google.co.uk/url?sa=t&rct=j&q=&...
Have a read.
In the PDF file there is a passage that states:
"A private road is not necessarily a road to which the public does not have access. Nor is it a road exempt from the law. Private Roads: a legal framework (4th ed.) by A.W. and C. Barsby (2007) contains a good description of the law."
So people stating that residents can ask non-residents to leave the area are not necessarily correct, that all depends on whether a public right of way exists for mechanically propelled vehicles on the road.
Most private roads are restricted to owners and access to properties only, but some still have a public right of way for mechanically propelled vehicles and so the residents cannot ask/demand that you do not use the road. It all depends on the individual road.
All of this information is so easy to find these days by simply searching on google and you actually get accurate answers rather than the "One answer covers all situations" posts that we seem to get on here!
And this PDF file download on the Law and Private roads: http://www.google.co.uk/url?sa=t&rct=j&q=&...
Have a read.
In the PDF file there is a passage that states:
"A private road is not necessarily a road to which the public does not have access. Nor is it a road exempt from the law. Private Roads: a legal framework (4th ed.) by A.W. and C. Barsby (2007) contains a good description of the law."
So people stating that residents can ask non-residents to leave the area are not necessarily correct, that all depends on whether a public right of way exists for mechanically propelled vehicles on the road.
Most private roads are restricted to owners and access to properties only, but some still have a public right of way for mechanically propelled vehicles and so the residents cannot ask/demand that you do not use the road. It all depends on the individual road.
All of this information is so easy to find these days by simply searching on google and you actually get accurate answers rather than the "One answer covers all situations" posts that we seem to get on here!
4rephill said:
2 seconds of googling brought up this: http://www.privateroads.co.uk/
And this PDF file download on the Law and Private roads: http://www.google.co.uk/url?sa=t&rct=j&q=&...
Have a read.
In the PDF file there is a passage that states:
"A private road is not necessarily a road to which the public does not have access. Nor is it a road exempt from the law. Private Roads: a legal framework (4th ed.) by A.W. and C. Barsby (2007) contains a good description of the law."
So people stating that residents can ask non-residents to leave the area are not necessarily correct, that all depends on whether a public right of way exists for mechanically propelled vehicles on the road.
Most private roads are restricted to owners and access to properties only, but some still have a public right of way for mechanically propelled vehicles and so the residents cannot ask/demand that you do not use the road. It all depends on the individual road.
All of this information is so easy to find these days by simply searching on google and you actually get accurate answers rather than the "One answer covers all situations" posts that we seem to get on here!
I'm relying on a bit more than 2 seconds of googling. And this PDF file download on the Law and Private roads: http://www.google.co.uk/url?sa=t&rct=j&q=&...
Have a read.
In the PDF file there is a passage that states:
"A private road is not necessarily a road to which the public does not have access. Nor is it a road exempt from the law. Private Roads: a legal framework (4th ed.) by A.W. and C. Barsby (2007) contains a good description of the law."
So people stating that residents can ask non-residents to leave the area are not necessarily correct, that all depends on whether a public right of way exists for mechanically propelled vehicles on the road.
Most private roads are restricted to owners and access to properties only, but some still have a public right of way for mechanically propelled vehicles and so the residents cannot ask/demand that you do not use the road. It all depends on the individual road.
All of this information is so easy to find these days by simply searching on google and you actually get accurate answers rather than the "One answer covers all situations" posts that we seem to get on here!
I agree with what you say, but with a slight change in emphasis, in my experience.
SOME private roads are restricted to owners and access to properties only, but MOST still have a public right of ACCESS for ALL, INCLUDING PEDESTRIANS, CYCLISTS AND mechanically propelled vehicles and so the residents cannot ask/demand that you do not use the road. It all depends on the individual road.
As I said, in most cases, the only difference between a private road and a public road is who repairs it, not who can use it.
A private ACCESS is different.
Edited by tvrgit on Saturday 18th May 11:53
GreigM said:
Basically if you can drive onto the road and don't go through gates then the RTA applies.
A popular misconception. The presence of a gate is certainly good evidence that the road is private, but the absence of a gate doesn't by itself mean that it's a public place. The key tests are (1) is it in fact used by the general public, as opposed to a special group of people (such as residents and their guests) and (2) if so, are the public using it in spite of a prohibition - express or implied. As far as (2) goes, a "keep out" sign is just as effective as a gate . Have a read of this and this - both drink driving cases where the prosecution failed to offer evidence that the roads were actually used by the public.That said, there are laws against bad driving which apply even on truly private roads - if you injure someone by driving like a complete knob you can be done for the Victorian offence of causing bodily harm by wanton and furious driving, and if you kill someone manslaughter is always a possibility.
Edited by Aretnap on Sunday 19th May 00:03
LukeSi said:
liner33 said:
tvrgit said:
The public do not have a right of free access on to the track at any time they choose. It's a track, not a road.
Ahh so its down to if you pay ? So what about the M6 toll then ?TangerinePool said:
Slight tangent but all private roads seem to be riddled with potholes and speedbumps, presumably because no-one can get together to repair them, yet all the residents have flash motors.
That's certainly the case with my road (apart from all the residents having flash motors!). It was built in the 1960's, but the developer didn't finish the pavements to a high enough standard, so the council refused to adopt it. There have been several attempts to organise repairs, but it's proved impossible to get 40+ residents to agree to chip in. Some residents don't drive, and others say that the potholes make it safer for kids by reducing speed.It isn't really a problem, but it looks unsightly. It also lowers property values, which means I got a relative bargain when I bought my house.
clockworks said:
TangerinePool said:
Slight tangent but all private roads seem to be riddled with potholes and speedbumps, presumably because no-one can get together to repair them, yet all the residents have flash motors.
That's certainly the case with my road (apart from all the residents having flash motors!). It was built in the 1960's, but the developer didn't finish the pavements to a high enough standard, so the council refused to adopt it. There have been several attempts to organise repairs, but it's proved impossible to get 40+ residents to agree to chip in. Some residents don't drive, and others say that the potholes make it safer for kids by reducing speed.It isn't really a problem, but it looks unsightly. It also lowers property values, which means I got a relative bargain when I bought my house.
BertBert said:
TangerinePool said:
Slight tangent but all private roads seem to be riddled with potholes and speedbumps, presumably because no-one can get together to repair them, yet all the residents have flash motors.
Perhaps there's a different reason other than funds or the lack of them?tvrgit said:
I'm relying on a bit more than 2 seconds of googling............
My point about googling was more a generalisation of people who post threads on PH in all categories TBH.It seems that people post up a thread asking a question for which the answer is very easy to find by doing a quick search on the net which gives the exact information required.
Rather than doing that first though, they post on PH and then we get page after page of differing opinions based on personal experience, all of which can have a relevance to the issue, but do not give a definitive answer (and half the time the thread then degenerates into childish name calling and abuse because of differing opinions).
Take this thread for example, a quick search reveals that public access to private roads depends on the conditions applied to each individual road.
However, on PH the OP receives replies to the thread with people stating that if it's a private road then the residents can ask non-residents to leave the area and call the Police if they refuse to do so, as if that answer covers all private roads, but that's not the case.
The problem can be that some people read the answers supplied on this forum and take it as being the Gospel on the subject when in fact the information could be incorrect.
Don't get Me wrong, the vast majority of information on here is very useful and there are some very clever people who have helped thousands of people over the years, with all manner of issues, and personnel experiences can also be very useful. But before relying on PH, do an internet search first!
liner33 said:
tvrgit said:
The public do not have a right of free access on to the track at any time they choose. It's a track, not a road.
Ahh so its down to if you pay ? So what about the M6 toll then ?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff