You have to be in a road or other public place to commit most driving offences. There are a few exceptions like keeping a vehicle with no insurance, not having an MoT or stealing a car.
That means you can’t be guilty of drink driving, drug driving or careless driving if you are in a place where the public don’t have access.
As usual with the law, things aren’t as simple as you might think. A supermarket car park isn’t public land. It is private land owned by the supermarket. But the public have access to the car park so it is a public place. In other words, don’t drive on Tesco car park the morning after you’ve been drinking – you could be guilty of drinking and driving.
Let’s have a look at a list of places that are either a road or other public place.
I have put some legal case references in this article. They look a bit like this Barrett v DPP [2009] EWHC 423. Don’t be put off if you are not a lawyer. Sometimes when you are in court you need to let the magistrates or the judge know where to find the law, the references help in that process. They all refer to cases where the High Court or the Court of Appeal have looked at the law. Magistrates’ Courts and Crown Courts follow their decisions.
What is a road?
You need to be a little careful when you look at the definition of a road. You might think that because a place isn’t a road that it is not covered by the law. That isn’t always true – the location could still be a public place. The law in England and Wales is in section 192(1) Road Traffic Act 1988 which says that a road is:
- Any highway
- Any other road to which the public has access
- Bridges over which a road passes
Highways are roads that provide the public with a right of way. These are all highways:
- Public roads
- Public footpaths
- Public bridleways
- Public driftways (whatever they are?)
- Public carriageways
- Public footways
The courts say that all these places are roads.
- A pavement is part of a road and therefore a road. Price v DPP [1990] RTR 413
- A road in a privately owned caravan park. Barrett v DPP [2009] EWHC 423
- Trafalgar Square is a road. Sadiku v DPP [2000] RTR 155
- A grass verge at the side of the road is part of the road. Worth v Brooks [1959] Crim LR 855
- A cycle lane.
- A cul-de sac. Bass v Boynton [1960] Crim LR 497
- A market place. R v Waterfield (1964) 48 Cr App R 42
The courts say that roads to which the public have access are:
This is the definition.
- Roads where the general public have access (not just a special class of the general public) AND
- The public have access at least by the tolerance of the owner or proprietor of the road.
Here are some examples:
- A road to a farm maintained by the farmer which was used by the general public. Harrison v Hill 1932 JC 13
- A housing estate road that is used by the general public. Adams v Commissioner of Police [1980] RTR 289
- Roads at an airport. DPP v Cargo Handling Ltd [1992] RTR 318
- A cul-de-sac behind some shops where members of the public had been found. Houghton v Scholfield [1973] RTR 239
- The forecourt of a hotel used to reach the hotel and as a short cut by members of the public. Bugge v Taylor {1940) JP 467
- A lane on a council estate used by members of the public as a cut through. R v Shaw
- A quayside where the public were free to walk. Newcastle Corporation v Walton [1957] Crim LR 479
What isn’t a road to which the public have access?
- A housing estate road used only by residents and their visitors. Deacon v AT [1976] RTR 244
- Roads on a farm.
- A causeway to an island with signs saying “Private Road” only used by residents or visitors to the island.
- A road leading to a farm with a campsite with 200-250 caravans, a picnic site and a river for anglers. R v Beaumont [1964] Crim LR 665
- A lane used by a police constable, tradesmen. postmen, visitors to a wholesalers and (rarely) members of the public. Kreft v Rawcliffe, The Times 12/5/1984.
- A road in the docks where the general public can’t go. Buchanan v MIB [1955] 1 All ER 607
- A road inside a factory where only pass holders can enter. O’Brien v Trafalgar Insurance Co Ltd (1945) 109 JP 107
- A service road maintained by the 40 properties on the road. Hallett v DPP [2011] EWHC 488 (Admin)
What isn’t a road?
All of these places are not roads – but watch out they could still be public places. Don’t forget the law regulates driving on a road or other public place.
- A car park isn’t a road. Griffin v Squires [1958] 3 All ER 468
- A yard serving several houses. Heath v Pearson [1957] Crim LR 195
- A campsite isn’t a road. Dunmill v DPP [2004] EWHC 1700
What is a public place?
- A car park attached to a pub when the pub is open (but not when it is closed). Sandy v Martin [1974] Crim LR 258
- A railway station car park. Brewer v DPP [2004\ EWHC 355
- A private field temporarily opened to watch racing. R v Collinson (1931) 23 Cr App R 49
- A caravan park. DPP v Vivier [1991] 4 All ER 18
- A parking bay off a public highway. Capell v DPP (1991) 155 JP 361
- A lane leading from a ferry to the terminal. DPP v Coulman [193] RTR 230
- The airside of area of an airport. DPP v Neville (1996) 160 JP 758
- A hospital car park. DPP v Greenwood [1997] COD 278
What isn’t a public place?
- A car park attached to a pub when the pub is closed. Sandy v Martin [1974] Crim LR 258
- A car park at a private club. Pugh v Knipe [1972] RTR 286
- A car park for a community centre where only members were authorised to park. Havell v DPP [1993] Crim LR 621
- A yard for a small office building used as a car park for the office and its visitors. R v Spence [1999] RTR 353
- A car park shared by several businesses with signs telling the public not to park. The driver was not entitled to use the car park. The court found that is was not a public place. Richardson v DPP [2018] EWHC 428 (Admin)
- A service road maintained by the 40 properties on the road. Hallett v DPP [2011] EWHC 488 (Admin)
Should the law be changed?
In 2015 I appeared on BBC Breakfast with Pamela, the mother of Harry Whitlam. A tractor and trailer reversed over Harry, killing him. The driver was nearly three times over the drink driving limit.
Pamela was working in a farm shop. Harry was playing in the farm yard. The public had access to the part of the yard that was used as a car park for the shop. They were not allowed in the area where the tractor driver was working. The yard was not a road or other public place. That meant that the tractor driver couldn’t be prosecuted for drink driving, causing death when driving with alcohol over the prescribed limit or careless driving. In the end the Health and Safety Executive prosecuted the driver, Gary Green, under health and safety legislation. He was jailed for 16 months. Pamela and her MP, Alec Shelbrooke campaigned for the law regulating drink driving to be changed to allow prosecutions for incidents taking place on private land. They did not want the law to be limited to a road or other public place. The law has not been changed.