Can you be prosecuted for driving offences on private land?
Discussion
Hi all,
Looking for a spot of advice. I run a Youtube channel and we're looking to 'durability test' a car which may include hitting things, rolling the car etc. Whilst all very funny I'm sure, is it legal?
The land is privately owned by my friend who joins in making our videos. About 80 acres of nothingness. Not open to the public etc.
Are we good to go? Any ambiguity and I'll speak to a lawyer but this forums been good to me before so lets see.
Thanks!
Looking for a spot of advice. I run a Youtube channel and we're looking to 'durability test' a car which may include hitting things, rolling the car etc. Whilst all very funny I'm sure, is it legal?
The land is privately owned by my friend who joins in making our videos. About 80 acres of nothingness. Not open to the public etc.
Are we good to go? Any ambiguity and I'll speak to a lawyer but this forums been good to me before so lets see.
Thanks!
I’d be a bit worried if I was the friend and got sued for personal injury.
A manslaughter prosecution is feasible but if your question is about speed or dangerous driving where nobody gets hurt then no you won’t be prosecuted.
I would be very wary of health and safety obligations if anyone else may be in danger.
A manslaughter prosecution is feasible but if your question is about speed or dangerous driving where nobody gets hurt then no you won’t be prosecuted.
I would be very wary of health and safety obligations if anyone else may be in danger.
Much will depend on the exact wording in the statute defining the offence.
Various wordings can be used for example
Road
Highway
Public place
Public place can include private land to which the have access
You would need to identify possible offences and then check thswording of the offence and then get CPS to co sider whether the evidence meets the threshold
Various wordings can be used for example
Road
Highway
Public place
Public place can include private land to which the have access
You would need to identify possible offences and then check thswording of the offence and then get CPS to co sider whether the evidence meets the threshold
Depends on the offence.
Wanton & furious driving can be committed on private land.
s35 Offences Against the Persons Act 1861
Wanton & furious driving can be committed on private land.
s35 Offences Against the Persons Act 1861
s35 said:
Drivers of carriages injuring persons by furious driving.
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years,
Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years,
Going to be the public sector voice of doom and gloom and someone who dreams of making it big on youtube!
1. Is the youtube channel paying really well and this is to build the audience even more - if yes, get proper legal advice, insurance and technical support.
2. Is this an attempt to make it big on youtube, by you and your mate buying a knackered motor and smashing it up and hoping for best - be very careful.
I don't think it's quite as easy making that amount of money to offset the potential of trouble, which coming onto an online forum (all be it, populated with some clever people) would have me believe is the position you're in.
If however, you're about to provide a can of custard to prove me wrong and you've 2m subscribers; then do it safely and properly.
TLDR a moaning post - don't do it, not worth it, take extra care, yes trouble at mill if anything goes wrong!
1. Is the youtube channel paying really well and this is to build the audience even more - if yes, get proper legal advice, insurance and technical support.
2. Is this an attempt to make it big on youtube, by you and your mate buying a knackered motor and smashing it up and hoping for best - be very careful.
I don't think it's quite as easy making that amount of money to offset the potential of trouble, which coming onto an online forum (all be it, populated with some clever people) would have me believe is the position you're in.
If however, you're about to provide a can of custard to prove me wrong and you've 2m subscribers; then do it safely and properly.
TLDR a moaning post - don't do it, not worth it, take extra care, yes trouble at mill if anything goes wrong!
It sounds like a banger racing event. You'll need a solicitor to draw up a disclaimer agreement.
Here's a banger video shot at Angmering: https://www.youtube.com/watch?v=IMFEf2dG53I
Here's a banger video shot at Angmering: https://www.youtube.com/watch?v=IMFEf2dG53I
You need to consider the what if something goes wrong.
Really wrong.
Someone strays on your land and you weren't expecting them.
The car kills one of you or the aforementioned stray person(s)
You cause an environmental hazard with leaking fluids
You cause a nuisance to neighbours (even if they are really far)
Really wrong.
Someone strays on your land and you weren't expecting them.
The car kills one of you or the aforementioned stray person(s)
You cause an environmental hazard with leaking fluids
You cause a nuisance to neighbours (even if they are really far)
Gdgd said:
Hi all,
Looking for a spot of advice. I run a Youtube channel and we're looking to 'durability test' a car which may include hitting things, rolling the car etc. Whilst all very funny I'm sure, is it legal?
The land is privately owned by my friend who joins in making our videos. About 80 acres of nothingness. Not open to the public etc.
Are we good to go? Any ambiguity and I'll speak to a lawyer but this forums been good to me before so lets see.
Thanks!
Car Throttle have done this a number of times* on what looks like a closed small race track, I'm not sure where though. I'd agree with the risk of liability towards the performers, crew and 3rd parties too. Looking for a spot of advice. I run a Youtube channel and we're looking to 'durability test' a car which may include hitting things, rolling the car etc. Whilst all very funny I'm sure, is it legal?
The land is privately owned by my friend who joins in making our videos. About 80 acres of nothingness. Not open to the public etc.
Are we good to go? Any ambiguity and I'll speak to a lawyer but this forums been good to me before so lets see.
Thanks!
'* to the point where they have done it to death...
I'm pleased I did all this sort of thing before social media and camera phones existed.
A couple of my friends had big farms, and as teenagers in the 90's we would often buy old cars like a Sierra, Rover 800, Volvo's, XR3, etc for £200 or £300 each. Remove all the lights, smash the windows out of them, rip everything out of the inside apart from the two front seats, weld the doors shut, badly paint them in rally/touring car paint schemes using a brush and then banger race them round a big field. Also for amusement we used to get the JCB and build big ramps out of soil and jump the cars, quad bikes, dirt bikes etc.
Occasionally we would consider safety and weld in scaffold pipes as a makeshift roll cage, remove the fuel tank and bolt an old motorcycle fuel tank in the boot.
Crashes, roll overs, doughnuts, massive power slides. Amazing.
It was absolutely brilliant fun, and incredibly, no one was ever seriously injured.
A couple of my friends had big farms, and as teenagers in the 90's we would often buy old cars like a Sierra, Rover 800, Volvo's, XR3, etc for £200 or £300 each. Remove all the lights, smash the windows out of them, rip everything out of the inside apart from the two front seats, weld the doors shut, badly paint them in rally/touring car paint schemes using a brush and then banger race them round a big field. Also for amusement we used to get the JCB and build big ramps out of soil and jump the cars, quad bikes, dirt bikes etc.
Occasionally we would consider safety and weld in scaffold pipes as a makeshift roll cage, remove the fuel tank and bolt an old motorcycle fuel tank in the boot.
Crashes, roll overs, doughnuts, massive power slides. Amazing.
It was absolutely brilliant fun, and incredibly, no one was ever seriously injured.
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