Private road speed limit

[red_slr]

Quick question, if a public road turns into a private road - what happens to the speed limit?

So lets say you are driving along a rural country lane, its 30mph.

There is then a sign saying "private road" part way along does the limit continue or not?

[AJB88]

Well surely the speed limit is upto the road owner then

[Hawkshaw]

Maybe not so simple, because the Road Traffic Acts apply anywhere the public is admitted. In the OP's example it would seem that the public are admitted, so the limit (plus requirements for tax, insurance, driving licence, MOT etc.) would continue. If it is a truly private road, say on a country estate, with no public access, the owner can do what they like.

Edited by Hawkshaw on Sunday 25th July 18:38

[Cat]

Hawkshaw said:

Maybe not so simple, because the Road Traffic Acts apply anywhere the public is admitted.

No they don't.

Hawkshaw said:

In the OP's example it would seem that the public are admitted, so the limit (plus requirements for tax, insurance, driving licence, MOT etc.) would continue.

This is incorrect.

Tax is required on a "public road"
Insurance is required on a "road or other public place"
A driving licence and MOT are required on a "road"

What constitutes each of these places is determined by a combination of statutory definition and case law.

Cat

[SiH]

Cat said:

Hawkshaw said:

Maybe not so simple, because the Road Traffic Acts apply anywhere the public is admitted.

No they don't.

Hawkshaw said:

In the OP's example it would seem that the public are admitted, so the limit (plus requirements for tax, insurance, driving licence, MOT etc.) would continue.

This is incorrect.

Tax is required on a "public road"
Insurance is required on a "road or other public place"
A driving licence and MOT are required on a "road"

What constitutes each of these places is determined by a combination of statutory definition and case law.

Cat

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

[Cat]

SiH said:

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

Yeah, because no official sources refer to it as tax






Cat

[0ddball]

Cat said:

SiH said:

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

Yeah, because no official sources refer to it as tax

Cat

Lol. Smart ass gets spanked.

[SS2.]

SiH said:

Cat said:

Hawkshaw said:

Maybe not so simple, because the Road Traffic Acts apply anywhere the public is admitted.

No they don't.

Hawkshaw said:

In the OP's example it would seem that the public are admitted, so the limit (plus requirements for tax, insurance, driving licence, MOT etc.) would continue.

This is incorrect.

Tax is required on a "public road"
Insurance is required on a "road or other public place"
A driving licence and MOT are required on a "road"

What constitutes each of these places is determined by a combination of statutory definition and case law.

Cat

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

I wouldn't, and neither should anyone else reading this thread.

[Pica-Pica]

Cat said:

SiH said:

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

Yeah, because no official sources refer to it as tax






Cat

That is written for the hoi-polloi.

[the tribester]

Rural Country Lane could be 60mph limit too.

I couldn't explain to an American tourist why the 2 lane dual carriageway he'd just driven, had a 40mph limit, but when he turned off onto a country lane, wide enough for one car, and the limit changed to 60.

[red_slr]

Anyone able to answer the question pls?

[Cat]

red_slr said:

Anyone able to answer the question pls?

Read this...

The short answer is it is complicated but there is no reason why a private road can't have a speed limit.

Cat

[flying-banana]

I used to live on a private lane (no flash house on a private estate, just a little cottage out in the country) and did a little research into various aspects of it...to put things simply, normal traffic laws will apply unless the road is gated

[Cat]

flying-banana said:

I used to live on a private lane (no flash house on a private estate, just a little cottage out in the country) and did a little research into various aspects of it...to put things simply, normal traffic laws will apply unless the road is gated

Sorry but this is not correct. Presence or absence of a gate is not a definitive indication of whether or not some/all road traffic laws apply.

Cat

[red_slr]

Cat said:

red_slr said:

Anyone able to answer the question pls?

Read this...

The short answer is it is complicated but there is no reason why a private road can't have a speed limit.

Cat

Ok so lets say its considered a "road".

The public highway is 30mph. The last lamp post is 10 yards before the "private road" sign.

Beyond that point its a single track unmarked but paved road for 4 miles with no street lighting or signage.

I assume it would be for a court to decide or would the NSL apply due to its configuration?

[anonymous-user]

red_slr said:

Cat said:

red_slr said:

Anyone able to answer the question pls?

Read this...

The short answer is it is complicated but there is no reason why a private road can't have a speed limit.

Cat

Ok so lets say its considered a "road".

The public highway is 30mph. The last lamp post is 10 yards before the "private road" sign.

Beyond that point its a single track unmarked but paved road for 4 miles with no street lighting or signage.

I assume it would be for a court to decide or would the NSL apply due to its configuration?

Why would a court get inolved if it's a private road and the offnce (or not) is speeding?

Unless it went REALLY wrong, like this: https://www.bbc.co.uk/news/uk-england-hampshire-43...

(Apologies for dragging this story/tosser back up)

[efcgriswold]

Pica-Pica said:

Cat said:

SiH said:

I would advise applying a degree of caution to taking advice on the finer, more pedantic elements of the Road Traffic Act from someone that refers ro Vehicle Excise Duty as 'Tax'.

Yeah, because no official sources refer to it as tax






Cat

That is written for the hoi-polloi.

As was Cat’s reply

[scottgb]

This page gives a good overview, with specific examples of case law if you're interested:
https://thedrivingsolicitor.co.uk/2019/03/11/road-...

[red_slr]

Thanks so its a road.

The next question is, whilst some traffic offences apply what is the situation with the speed limit?

[RammyMP]

I’ve often thought this, I live on a private road, it’s wide enough for cars to pass each other easily but some cars fly down it well above 30mph. It’s got speed humps to slow them down which they ignore and I regularly hear cars bottoming out cos they’ve got airborne over the speed bumps. It’s usually young mums in their Ford Fiestas.