Drink Driving on Private Roads

[CornwallAndy]

Under the provisions of the raod traffic act, do the police have any powers to arrest a person who they suspect to be under the influence of alchol on a private road? Also, can they then charge a person for driving whilst under the influence of alchol on a private road.

[gouldc]

Can you define private road first? (not being sarky, just need more details)

[CornwallAndy]

A road in a housing estate which the district council have stated is not a publicly maintained highway according to the records provided to us by Cornwall County Council,the Highway Authority.It is a private road.

[gouldc]

Don't think you have a good case. I assume you mean that the road hasn't been "adopted" yet by the council.

Unfortunately, if the road is a public right of way (ie open to use for anyone), then it won't be construed as a private road.

For the definition of private road in insurance terms, the road would have to be a self contained drive-way of a large country house estate or such.

I'm almost 100% certain that the police are well within their rights to act in this situation.

Where I used to live was a new housing estate, and the road stil hasn't been adopted (6 years later), but for all intenets and purposes, this is a public road

[Loosehead]

The confusion is down to the dual meaning of "private road". A road that is not adopted by the local authority is often called a Private road because it is still owned privately but it's used publicly. A private road on a country etstate for example is a real private road and you could drive on that whilst drunk if you like. Some time ago a biker mag decided to test the effects of booze on riding and they used a road on an old airfield.

[CornwallAndy]

To clarify, this road is a no through road, and has access to parking spaces used by residents only, so would not be used as a through way. The road is even signed as being private.

[BillyNoMates]

If it accessible from a public highway then yes they do. On your private driveway, a private parking area etc etc.

The only way they do not have the power or when it would be questionable, is if the area containing the private road is gated off. For example a large private estate with gates at the entrance.

[Grunty]

As the others have said, a road for the purposes of the Road Traffic Acts is a road to which the public has access, whether on payment or not. Near my home there is a large country house, standing in its own grounds and with a long drive on each side leading to the normal roads. Local people use these drives as a short cut and the owner does not stop them. The police would be able to act on these drives in the circumstances that you describe.

[Buenchico]

The law was changed, quite a few years ago, so that most legislation, relating to driving motor vehicles, now applies to anywhere to which the public has access. Prior to this, you couldn't for example, have been charged with drink-driving on a supermarket car park. (Now you can).

There have been several instances of people being arrested, under drink-drive legislation, while sitting at the wheel of their car, on a (private) pub car park. This can happen even if the driver is fast asleep and the keys aren't in the ignition.

So, driving on most so-called 'private' roads will not provide exemption from arrest.

Chris

[stanleyman]

I live on an estate that has private open areas and roads. I help pay for the upkeep. There is no public right of way and I can and do turn people away who are not residents or do not have any legitimate business with a resident, they are trespassers. Their presence is no different to a stranger in your garden. It is not open to the general public at large and therefore it is not a public place.

The Road Traffic Act does not apply and we do not need a driving licence, insurance, MOT, tax or speed limit to use cars on our roads. The police are also trespassers if they do not have legitimate business on our estate. If they followed a drunk driver on to the estate then that would be legitimate but there is no offence commited on the private land although there is an offence, not a traffic offence as such, of furious driving that could be used.

A public place is somewhere the general public can drive unhindered by right or are invited. If we had a shop or pub etc. open to all, then the situation could change.

[Grunty]

For many years drink/driving offences have applied on roads and public places. In 1991, public place was added to sections 1 to 3 of the Road Traffic Act (dangerous/careless driving). The fact remains though that a road or public place (in this case a road) are public if the public have access to them. Ownership of the land has nothing to do with right of way, and many older roads are still owned by the adjoining landowners. The road is private if people are prevented from using it, e.g. with a gate.

[tigga]

As buenchico says, if you are seen drunk in your car you are most likely to get arrested no matter where you are. Even if you are in your own driveway, you will be up against a hard battle in court as they will want to do you for attempting to drive under the influence or being drunk in charge of a motor vehicle.

[CornwallAndy]

Many thanks for your answers, all very interesting. In this case however, the driver was in their own house, the car parked up on a private drive. The drive accesssable by private road, whose upkeep is paid for by the residents. There is no through fare on this road and no ammeneties, to encourage or invite others onto the road. The police did not see the driver behind the wheel of the vehicle, but acted only on a tip off from a member of the public, who is not prepared to come forward to give evidence in court. The police arrived 5 to 10 minutes after the driver had parked and left the car. The charge is for driving the car on a particular road, namly the one under discussion.

[stanleyman]

I don't have any sympathy for drunk drivers but if this person did not drive on the public roads but may have moved a car on private land and there are no witnesses, it doesn't sound like much of a case. It could be they have a case for false arrest and trespass.

There has been a lot of tosh about ungated private residential land being a public place but no hard evidence to back these claims. It is actually an offence to drive a motor vehicle on to private land and on a public footpath that a private drive can also be, the exception being the land owner and his guests. I know from experience a gate does not always stop the public from trespassing. Am I expected to put a gate on my drive to stop it becoming a public place? I don't think so.