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General Car Chat / Re: SORN or untaxed on an unadopted road
« on: 30 June 2014, 21:22:18 »
Its been a while since my last 'job' shift and may not be the current method, but heres what I base my thoughts on from current legislation. Apologies to those currently serving if I am way off the current mark.
Leaving the offence of not notifying SORN aside (an offence in its own right, as I understand) for example in a private garage and answering the original question of parking on an unadopted road, here is my understanding.
Road traffic Act offences - drink, drugs, insurance, licences, con and use etc etc. all apply on any road as per the act (could even be a farmers field if public have access for a particular purpose), where a 'road' is:- (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes ,and (b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes.
Vehicle Excise and Registration Act 1994.
section 29
Penalty for using or keeping unlicensed vehicle.
(1) If a person uses, or keeps, on a public road a vehicle (not being an exempt vehicle) which is unlicensed he is guilty of an offence.
"public road”— (a) in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984.
Therefore I read that Rods2 is correct to an extent.
Yes, the various RTA offences are nickable on an unadopted road, but Vehicle Excise is not.
Hope this helps.
Leaving the offence of not notifying SORN aside (an offence in its own right, as I understand) for example in a private garage and answering the original question of parking on an unadopted road, here is my understanding.
Road traffic Act offences - drink, drugs, insurance, licences, con and use etc etc. all apply on any road as per the act (could even be a farmers field if public have access for a particular purpose), where a 'road' is:- (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes ,and (b) in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes.
Vehicle Excise and Registration Act 1994.
section 29
Penalty for using or keeping unlicensed vehicle.
(1) If a person uses, or keeps, on a public road a vehicle (not being an exempt vehicle) which is unlicensed he is guilty of an offence.
"public road”— (a) in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984.
Therefore I read that Rods2 is correct to an extent.
Yes, the various RTA offences are nickable on an unadopted road, but Vehicle Excise is not.
Hope this helps.
