Private Land: Can I do what I please?

Private Land: Can I do what I please?

Author
Discussion

coppice

8,561 posts

143 months

Wednesday 18th January 2017
quotequote all
RTA and law of negligence are entirely seperate of course; so even though RTA may not apply , if you negligently run someone over on entirely private land you will be liable in damages to them and there may be criminal liability too - such as manslaughter. Before anybody moans re Health and Safety gone mad etc-none of this is remotely new .

TooLateForAName

4,725 posts

183 months

Wednesday 18th January 2017
quotequote all
SS2. said:
I mentioned this to a mate the other day - he had no idea of the bother both he and his 16 year old daughter could be in if they were nabbed during one of their Sunday afternoon driving lessons in the B&Q car park.
When I was learning to drive a friend got caught like this. He and his father both got points. He had them on some 'notional' licence since he was 16.

bradjsmith88

117 posts

127 months

Thursday 19th January 2017
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http://www.legislation.gov.uk/ukpga/1988/52/sectio...

“road”
(a)F3 , in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

So a car park whilst may not be public property would still constitute a road under the relevant law.

In answer to the original question what you can do on private land - what do you want to do, and what is the land?

SS2.

14,455 posts

237 months

Thursday 19th January 2017
quotequote all
bradjsmith88 said:
http://www.legislation.gov.uk/ukpga/1988/52/sectio...

“road” (a)F3 , in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes

So a car park whilst may not be public property would still constitute a road under the relevant law.
Depends on the specifics of the car park - could be regarded as a road, could be regarded as 'other public place', could be regarded as private.

Europa1

10,923 posts

187 months

Thursday 19th January 2017
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OP, try killing someone on private land and see how that works out for you.

dickymint

24,088 posts

257 months

Thursday 19th January 2017
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So if you run over the postman on your private driveway you can get done for negligence or worse if he dies but you can't be done for drink driving?

48k

12,978 posts

147 months

Thursday 19th January 2017
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ashleyman said:
If I'm on private land can I do whatever I like so long as I have the owners permission/am the owner?
No.


coppice

8,561 posts

143 months

Thursday 19th January 2017
quotequote all
dickymint said:
So if you run over the postman on your private driveway you can get done for negligence or worse if he dies but you can't be done for drink driving?
Negligence isn't a crime but a tort - a civil wrong , like breach of contract or slander which gives the victim redress in damages(typically )-so Jones v Smith . Manslaughter, theft , gbh etc are crimes - the crime being against the state , in effect , as the crown prosecutes (usually )- so R(ie the crown ) v Smith.


V8RX7

26,762 posts

262 months

Thursday 19th January 2017
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SS2. said:
As above, the absence of a physical barrier doesn't alter the fact that a normal driveway leading to your house / garage is not a 'public place' for the purposes of the RTA.
I thought regarding DD that your drive wasn't classed as private as the public could access it (in most cases)

Similarly I believe your car isn't classed as private either.

SS2.

14,455 posts

237 months

Thursday 19th January 2017
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V8RX7 said:
I thought regarding DD that your drive wasn't classed as private as the public could access it (in most cases)
That isn't the case - a 'normal' driveway is private for the purposes of the RTA.

V8RX7 said:
Similarly I believe your car isn't classed as private either.
Not sure what you mean there.

V8RX7

26,762 posts

262 months

Thursday 19th January 2017
quotequote all
SS2. said:
V8RX7 said:
I thought regarding DD that your drive wasn't classed as private as the public could access it (in most cases)
That isn't the case - a 'normal' driveway is private for the purposes of the RTA.

V8RX7 said:
Similarly I believe your car isn't classed as private either.
Not sure what you mean there.
Really ? I was sure being drunk in your car on your drive was an offence.

I was surprised to find your car was classed as a public place after an elderly man was found to have a locking pocket knife, in his car and was charged with carrying one in a public place.

SS2.

14,455 posts

237 months

Thursday 19th January 2017
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V8RX7 said:
Really ?
Yes, really. A normal driveway serving a normal property is not somewhere that is accessed or used by the public generally and, as such, would not considered an 'other public place'.