Naturenet: Cars and Vehicles in the Countryside
Cars and Vehicles
in the Countryside
In general, where there is no parking place provided vehicles may park beside
a road that they are legally using provided that parking is permitted there
and that they do not cause an obstruction to the road or an access. Vehicles,
including motorcycles, may be driven along byways such as BOAT
s, but see
below about dangerous driving.
A motor or horse drawn vehicle may not normally be driven off-road (meaning
off a highway, but be aware that some highways are very wide), even to park,
whether or not the area is open to the public, without the express permission
of the landowner or occupier. It is not true that you can park anywhere within
15 yards of a road. An invalid carriage is not for this or purposes of ROW
definitions classed as a motor vehicle.
Department
of Transport: pavement parking.
Many laws can be used to address this issue. Two relatively recent changes
are of particular importance, and have led to some very successful initiatives
in some areas.
The Motor Vehicles (Compulsory Insurance) Regulations
2000, SI 2000 No. 726, amended s.143 such that the requirement for insurance
was extended to include any "other public place". This means that
every motor vehicle (and thus by extension probably every mechanically propelled
vehicle) used in a public place, must have at least third party insurance
that complies with the special requirements of the Road Traffic Act - which
means proper motor insurance, not just public liability insurance.
The Police Reform Act 2002 section 59 and 60 provides uniformed police officers
and police community support officers (but not rangers) with the power to seize
a vehicle that is being, or has been, driven in a manner which contravenes
section 3 of the Road Traffic Act 1988 (careless and inconsiderate driving)
or section 34 of the Road Traffic Act (prohibition of off-road driving) and
is causing, or is likely to cause, alarm, distress or annoyance to members
of the public.
A very good report on illegal motorcycling in Manchester was produced in 2005
by Red Rose Forest. it includes practical solutions as well as a comprehensive
review of enforcement and amelioration options.
Extracts from the
Act are below. Direct references are in double quotes. The
1988 Act was amended in 1991 to include the following very useful provisions:
"A person who drives a mechanically propelled vehicle
dangerously on a road or other public place is guilty of an offence... A person
is to be regarded as driving dangerously if... it would be obvious to a competent
and careful driver that driving in that way would be dangerous".
"A
person is also to be regarded as driving dangerously if it would be obvious to
a competent and careful driver that driving the vehicle in its current state
would be dangerous..".
"Dangerous refers to danger either of
injury to any person or of serious damage to property".
"If a person drives a mechanically propelled vehicle
on a road or other public place without due care and attention, or without
reasonable consideration for other persons using the road or place, he is guilty
of an offence"
This means that many unauthorised motorcyclists on countryside sites could
be guilty of the new offences. The following circumstances, for example, are
almost certainly careless and inconsiderate driving, and may well be dangerous
driving:
- Riding a bike with defective brakes, bald tyres, etc.
- Riding on a path where pedestrians might be.
- Riding two or more on a bike not built for it.
- Riding on a byway in a way likely to cause danger to pedestrians or horse
riders.
- Riding without a crash helmet.
- Buzzing pedestrians or horse riders.
- Riding at twilight without lights.
Also there is no longer any need for a bike to be a road bike - i.e. all machines
with engines, including mini-moto bikes, go-carts, go-peds, trials or motocross
bikes, 4WD vehicles and even ride on lawnmowers (and possibly electric buggies)
are included.
The Countryside
and Rights of Way Act 2000 section 67, specifically extended
the offence of unlawful driving on a public path, or land not being a road
(RTA88 s.34) to all mechanically propelled vehicles. Note that this does not
prohibit riders from a site, just from riding dangerously or carelessly whilst
there.
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