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Posted 16 July 2015
Do the new drug driving laws apply to park roads?
On 2 March 2015 the Crime and Courts Act 2013 (“the Act”) brought new laws into force which make it an offence to drive whilst under the influence of specified drugs and over the specified limit for the drug in question.
This offence applies to both illegal substances such as cannabis as well to legal drugs such as over-the-counter medicines. The permitted drug limit will depend on the specific substance.
But how will this offence affect holiday and residential parks?
The Act stipulates that the offence will be committed where a person is driving on a public road. Although holiday and residential parks are deemed to be private land it is highly likely that, since the public have access to the park, the park roads will be deemed public roads for the purpose of this offence.
Where park owners use the BH&HPA standard Licence Agreement or Mobile Homes Act Written Statement it will be a breach of the terms of those agreements by the holiday or residential home owner or their family or guests to commit this offence on park land. This means in addition to the police being able to bring criminal action, park owners could also take civil action.
If you have any queries regarding the new drug driving laws or if you are interested in subscribing to parklaw contact the parks team by telephone on 01392 204519 or email firstname.lastname@example.org