Penalty for driving a vehicle off-road (Scotland)

[jhonn]

A friend of my son has been charged with the offence of 'Driving a vehicle off-road' - I know that he did not have the owner's permission.

The parents are quite upset and are concerned that he may be made an example of.

Could anyone point me in the right direction where I could find the range of penalty for this offence? (I've had a look in Google but can find nowt).

(The Scottish Outdoor Access Code references the Road Traffic Act 1988 Section 34 - Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, ...he is guilty of an offence.)

Any guidance would be appreciated.

Thanks!

[Funk]

I'd suggest this is one to take straight to a lawyer rather than randoms on a forum, especially as he's been charged. I'd get proper legal advice if I were him.

[SS2.]

Offence contrary to Section 34 RTA 1988 = max £1,000 fine, no points.

If the incident occurred in an area which would be considered an 'other public place', the question of insurance may also come into play.

Edited by SS2. on Monday 23 January 14:29

[jhonn]

^^^ That's great, thanks!

I will be advising him to get proper legal advice - at least they now know what to expect (worst case).

As far as I know the vehicle was all legal and there was no evidence of any damage caused; it's a piece of ground that is used regularly by the local off-road club, so hopefully the penalty will not be too harsh.

Cheers!

[bobthebench]

There are loads of solicitors websites will cover this. Try Graham Walker or Michael Lyons sites for info. Don't hire them - it wont be economical for this.