Latest insights from our experts

Posted 10 October 2014
by Paul Kelly

Park roads – can an offence be committed?

Most road traffic law applies to any roads, public places or other highways to which the public have access.  Roads will generally include footpaths, cycle tracks, carriageways and many roadways on private land.

It is likely that roadways on park land will be deemed to be roads and therefore that all persons driving on roads on the park will be subject to the usual rules of the roads which include the requirements to wear a seat belt, have insurance and a driving licence. Any person who drives on park land recklessly or whilst under the influence of drink or drugs will also be deemed to have committed a road traffic offence.

The police may deal with any serious traffic offences committed on the park but due to evidential difficulties may be unable to take effective action in respect of any lower level concerns.

Park owners are generally responsible for making a park safe and therefore should ensure they have sufficient express terms and park rules to address road safety.

If you have any questions regarding the application of road traffic laws on park land contact the parks team on 01392 207020 or email parks@tozers.co.uk

 

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm