Can I go for a recreational drive out?

Can I go for a recreational drive out?

Author
Discussion

brisel

Original Poster:

873 posts

208 months

Wednesday 30th December 2020
quotequote all
I lost the will to live reading the Tier 4 Rules thread. I also toyed with the idea of asking this in the Roads forum...

I live in a Tier 3 area and there are some lovely twisty roads in a Tier 4 area. I want to go for a hoon. Is this illegal?

I do not want to know what is morally right or wrong. I will not stop for fuel in the T4 area, and will carry outdoor clothing & footwear not just for safety but for demonstrating that I intend to stretch my legs in the hills where said roads are. Essential travel? No. Avoiding other people? Damn right!

I await the condemnation of the PH masses....

Oceanrower

923 posts

112 months

Wednesday 30th December 2020
quotequote all
Yes you can. Thread closed.

normalbloke

7,451 posts

219 months

Wednesday 30th December 2020
quotequote all
Oceanrower said:
Yes you can. Thread closed.
Says who?

Pothole

34,367 posts

282 months

Wednesday 30th December 2020
quotequote all
normalbloke said:
Oceanrower said:
Yes you can. Thread closed.
Says who?
The legislation:

https://www.legislation.gov.uk/uksi/2020/1611/pdfs...

One of the exceptions to any and all of the stay at home rules is:

(d) to visit a public outdoor place for the purposes of open air recreation—


IJWS15

1,848 posts

85 months

Wednesday 30th December 2020
quotequote all
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.

Oceanrower

923 posts

112 months

Wednesday 30th December 2020
quotequote all
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
And here we go again. The merry-go-round has another spin.

Did you read the OP. Question asked and answered.

You're wrong. The BBC is wrong. The police are wrong.

The legislation linked to above is what matters. Anything over and above that is not the law.

anonymous-user

54 months

Wednesday 30th December 2020
quotequote all
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
I call bullst on that
You can drive a reasonable distance to take your exercise (in England)
1001 allowed reasons to be out & about
You can tell from the traffic in my tier 4 area. As busy as ever.

normalbloke

7,451 posts

219 months

Wednesday 30th December 2020
quotequote all
Pothole said:
normalbloke said:
Oceanrower said:
Yes you can. Thread closed.
Says who?
The legislation:

https://www.legislation.gov.uk/uksi/2020/1611/pdfs...

One of the exceptions to any and all of the stay at home rules is:

(d) to visit a public outdoor place for the purposes of open air recreation—
I was referring to the ‘thread closed’ tosh.

Drumroll

3,756 posts

120 months

Wednesday 30th December 2020
quotequote all
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
I personally think the police exceeding their powers doesn't help with the restrictions. The article on the BBC website refers to Wales (which AFAIK has different enforcement powers with regard to COVID) In England there is no restriction on travel. If there was, they could have quite easily closed the stations in London when "everybody" tried to get out.

Let's be honest going just for a drive is not going to spread the virus. Going to a location (however, you get there) that has many other people there, will do.


Louis Balfour

26,280 posts

222 months

Wednesday 30th December 2020
quotequote all
Pothole said:
normalbloke said:
Oceanrower said:
Yes you can. Thread closed.
Says who?
The legislation:

https://www.legislation.gov.uk/uksi/2020/1611/pdfs...

One of the exceptions to any and all of the stay at home rules is:

(d) to visit a public outdoor place for the purposes of open air recreation—
Ace. I have a convertible.



Pothole

34,367 posts

282 months

Wednesday 30th December 2020
quotequote all
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
People strolling in the open air has had no effect on the increase in infections.

I've linked to the legislation.

Once again, police media relations silliness is giving the impression they intend to try and enforce guidelines.

Paynewright

659 posts

77 months

Wednesday 30th December 2020
quotequote all
Just go the long way for your supermarket shop ;-)

Pothole

34,367 posts

282 months

Wednesday 30th December 2020
quotequote all
normalbloke said:
I was referring to the ‘thread closed’ tosh.
I wish it had been

Electro1980

8,294 posts

139 months

Wednesday 30th December 2020
quotequote all
Oceanrower said:
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
And here we go again. The merry-go-round has another spin.

Did you read the OP. Question asked and answered.

You're wrong. The BBC is wrong. The police are wrong.

The legislation linked to above is what matters. Anything over and above that is not the law.
Yes, they are wrong, but so is the definition of “a drive” as “open air recreation”. I doubt it is going to be legally tested, but no court is going to see driving as a reasonable interpretation of the term.

Is anyone going to get stopped? Unlikely. If they do are they going to get fined? Only if they are stupid enough to say they are going out for a drive.

Oceanrower

923 posts

112 months

Wednesday 30th December 2020
quotequote all
Jimboka said:
IJWS15 said:
Going for a hon wouldn’t be seen as a valid reason.

From examples on the BBC website today going for a rive to go for a stroll in the country may also get you into trouble - police telling people that you should exercise from home!

Just because you can doesn’t mean you should - people ignoring this is the main reason why the restrictions are being extended.
I call bullst on that
You can drive a reasonable distance to take your exercise (in England)
1001 allowed reasons to be out & about
You can tell from the traffic in my tier 4 area. As busy as ever.
Almost right. You can drive as far as you like.

There is absolutely no mention of 'reasonable distance.

Jasandjules

69,889 posts

229 months

Wednesday 30th December 2020
quotequote all
FFS stand up and do what you want. Are you going to the let the Govt dictate every aspect of your life?

Pothole

34,367 posts

282 months

Wednesday 30th December 2020
quotequote all
Electro1980 said:
Yes, they are wrong, but so is the definition of “a drive” as “open air recreation”. I doubt it is going to be legally tested, but no court is going to see driving as a reasonable interpretation of the term.

Is anyone going to get stopped? Unlikely. If they do are they going to get fined? Only if they are stupid enough to say they are going out for a drive.
As there is no definition or recreation in the legislation we can only go to the dictionary:

recreation1
/ˌrɛkrɪˈeɪʃ(ə)n/
noun
1. activity done for enjoyment when one is not working.

It's a little difficult to find many places to drive indoors...

There is a definition of a public outdoor place, however:

(4) A place is a public outdoor place for the purposes of this paragraph if it is a public
outdoor place other than a fairground or funfair and—
(a) no payment is required by any member of the public to access that place...

so technically toll bridges and the M6 Toll are out, but any other road or street is very much in.

brisel

Original Poster:

873 posts

208 months

Wednesday 30th December 2020
quotequote all
Paynewright said:
Just go the long way for your supermarket shop ;-)
Good point. I’ll pick up a pint of milk while I’m out thumbup

Gareth79

7,668 posts

246 months

Wednesday 30th December 2020
quotequote all
Pothole said:
normalbloke said:
Oceanrower said:
Yes you can. Thread closed.
Says who?
The legislation:

https://www.legislation.gov.uk/uksi/2020/1611/pdfs...

One of the exceptions to any and all of the stay at home rules is:

(d) to visit a public outdoor place for the purposes of open air recreation—
OP said they live in a Tier 3 area, you have quoted the Tier 4 rules which don't appy. There are no stay at home rules in Tier 3 areas.


Pothole

34,367 posts

282 months

Wednesday 30th December 2020
quotequote all
Gareth79 said:
Pothole said:
normalbloke said:
Oceanrower said:
Yes you can. Thread closed.
Says who?
The legislation:

https://www.legislation.gov.uk/uksi/2020/1611/pdfs...

One of the exceptions to any and all of the stay at home rules is:

(d) to visit a public outdoor place for the purposes of open air recreation—
OP said they live in a Tier 3 area, you have quoted the Tier 4 rules which don't appy. There are no stay at home rules in Tier 3 areas.
The rules for recreation are the same