No seatbelt in Tesco car park - enforcable?

[BigBazza]

Morning All,

My two nephews pulled into a local Tesco car park (to actually go shopping, not do donuts in a pink Saxo) and as they approached the space, they slipped their seat belts off.
There was a marked police car in the car park and the officers came over to the lads and did them for not wearing seat belts.
They explained they had just slipped them off ready for disembarkation but the officers said they didn;t believe them and gave them both a FP.
Are these FPs enforcable on what is essentially private land?

Thanks for any advice.

BB

[10 Pence Short]

The Road Traffic Act applies in the car park, as it's publicly accessable 'road'. Yes the FPN can and will stand, unless they choose to take the matter to the Magistrates. Bear in mind they admitted they took their belts off whilst driving.

[DIW35]

Same thing happened to someone who slipped their belt off when pulling in to a petrol station to fill up. Also got a FPN. As 10P said, whilst the car park is not a public highway, it is publicly accessible so the rules still apply.

[Soovy]

Yes.

Done.


They'll have to suck it up.

[Mr_annie_vxr]

Remember the officers probably think they did not have their belts on at all at any point. I doubt if they had seen them remove them they would have got a ticket.

Quite why you take your belt off before you stop I've no idea.

[Soovy]

Mr_annie_vxr said:

Remember the officers probably think they did not have their belts on at all at any point. I doubt if they had seen them remove them they would have got a ticket.

Quite why you take your belt off before you stop I've no idea.

Cos it looks cool, innit

[Odie]

Am i breaking the law then if i start my car up with my seatbelt off and my door open?

[Mr_annie_vxr]

Odie said:

Am i breaking the law then if i start my car up with my seatbelt off and my door open?

No.

[Odie]

Mr_annie_vxr said:

Odie said:

Am i breaking the law then if i start my car up with my seatbelt off and my door open?

No.

Thanks, I cant see why you would take your seatbelt off before stopping either, if the car was stationary but the engine was still running but you are say stopped at the side of the road with your seatbelt off does that breach the seatbelt laws?

Why i ask is that if you where at the side of the road with engine running using your mobile then you would be done for it.

[plasticpig]

The driver of the car could argue that he took his seatbelt off because he was going to reverse into a space. If you a performing a manoeuvre that includes reversing you are exempt from the seatbelt law.

[shirt]

its only £30 anyway, not worth defending imo. even if you have a genuine reason they still do you for it.

[10 Pence Short]

plasticpig said:

The driver of the car could argue that he took his seatbelt off because he was going to reverse into a space. If you a performing a manoeuvre that includes reversing you are exempt from the seatbelt law.

And the passenger?

[esselte]

Glad to see the BiB are out there doing important things....

[FishFace]

shirt said:

its only £30 anyway, not worth defending imo. even if you have a genuine reason they still do you for it.

£60 now.

[Springbok]

And yet when someone drove into my parked TVR in a public car park (British Rai) and didn't stop, the local police station, despite having the VRN said "sorry nothing they could do as it was on private property".

Doesn't seem either equitable or fair to me.

[OnTheOverrun]

Springbok said:

And yet when someone drove into my parked TVR in a public car park (British Rai) and didn't stop, the local police station, despite having the VRN said "sorry nothing they could do as it was on private property".

Doesn't seem either equitable or fair to me.

If it generates revenue, it's publicly accessible land. If it generates work, it's private property.

[dugt]

10 Pence Short said:

The Road Traffic Act applies in the car park, as it's publicly accessable 'road'. Yes the FPN can and will stand, unless they choose to take the matter to the Magistrates. Bear in mind they admitted they took their belts off whilst driving.

how can it be the road traffic act apply, its part of tescos site, and they could turn you down and say they dont want you to come in, there is nothing to stop them

i have a carridge driveway, you can drive in one, and out the other, if i let anyone drive round it, would the road traffic act apply? would i have to wear a seatbelt to drive on my drive?

doug

[Busa_Rush]

OnTheOverrun said:

Springbok said:

And yet when someone drove into my parked TVR in a public car park (British Rai) and didn't stop, the local police station, despite having the VRN said "sorry nothing they could do as it was on private property".

Doesn't seem either equitable or fair to me.

If it generates revenue, it's publicly accessible land. If it generates work, it's private property.

Been that way for a few years unfortunately.

[Invisible man]

Anywhere that is open to the general public is covered, your drive isn't open to the general public, they are not invited to park there.
You park at your own risk in a Tesco car park and they post waivers to ensure you know it

[mattviatura]

Why i ask is that if you where at the side of the road with engine running using your mobile then you would be done for it.


Is that true?

Edited by mattviatura on Tuesday 28th July 14:43