Private Property?

[donteatpeople]

Would university halls of residence grounds count as private property for not requiring insurance?

I know if there is public access you need insurance but I am not sure what counts as public access. Anyone who lives there is allowed in but there are barriers on the entrance and exit so not open to the general public.

What does anyone think?

[Piglet]

I imagine there will be University regulations that require users to have insurance.

[donteatpeople]

Its owned by a private company as the university sold it about 2 years ago, don’t know if that makes a difference.

Not aware of any regulations from the company, if they don’t tell anyone about them can they still enforce them?

What about for tax, does it count as road or not?

>> Edited by donteatpeople on Wednesday 15th March 16:08

[vonhosen]

A road, for the purposes of the road traffic act (& Insurance), has a very wide & varied application. It is not important who owns it, but rather the level of access. A beaten path through a field from one place to another can be a road, Tesco's car park can be a road, as can a multi storey car park etc etc.
Where it is in dispute it will be for a court to decide in each individual circumstance.

With regards to vehicle licensing under the Vehicle Excise & Registration Act 1994 the definiton of a road is different. (a) In England,Wales and Northern Ireland, it means a road repairable at public expense. (b) In Scotland, it has the same meaning as in the Roads (Scotland) Act 1984.




>> Edited by vonhosen on Wednesday 15th March 22:07

[Dwight VanDriver]

Our learned friend VH succinctley points out that at the end of the day it is for a Court to decide - public or private.

For Public there has to be evidence that the road is used by the public at large, unfettered and not just a select particular class.

The presence of barriers swing towards private for a place apparently public to become private there needs to be some physical obstruction to be overcome in order to enter [R v Walters 1963]. If backed up by a sign to the effect 'Residents Only' then more chance it will be taken as private.

dvd

[stepej]

vonhosen said:

With regards to vehicle licensing under the Vehicle Excise & Registration Act 1994 the definiton of a road is different. (a) In England,Wales and Northern Ireland, it means a road repairable at public expense.

So an unadopted road, or a road through a new housing estate stiil maintained by the Builder isn't subject to this act?

[mg6b]

stepej said:

vonhosen said: With regards to vehicle licensing under the Vehicle Excise & Registration Act 1994 the definiton of a road is different. (a) In England,Wales and Northern Ireland, it means a road repairable at public expense. So an unadopted road, or a road through a new housing estate stiil maintained by the Builder isn't subject to this act?

That is not a road in relation to vehicle excise as it has to be maintained at public expense.

It is a road within the definition under the RTA for the purposes of driving licene, insurance and MOT.