Land Rover Defender - Stopping off the carriageway | Legal matters | Back Room Forum

What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks

Sat 14 May 2011 13:02

Land Rover Defender - Stopping off the carriageway - Davidss

Using various terms I have searched the forum, but have been singularly unsuccessful.

I understand it is legally permissable to drive up to 15 yards off the edge of the Highway* to stop for a recreational purpose, such as having a picnic.
* I am unsure which term to use here, Highway, Road, Carriageway, or something else.

Obviously there has to be no positive physical or legal obstruction to parking on the land, so the permission cannot apply everywhere.

I am searching for the legal instrument which grants this permission, so that it can be quoted if I'm challenged.

Can you help please? Perhaps I've misremembered, or the permission has been rescinded as a byproduct of some legislation whose main purpose was something else.

Regards, David.

Reply | Report as offensive | Link

Sat 14 May 2011 14:12

Land Rover Defender - Stopping off the carriageway - LucyBC

People who believe thay can do this are usually trying to avoid parking charges at events - such as a car boot sale or a sporting fixture.

For the purpose of the law "The Highway" as you have it includes the road, the pavement, the verge and all land back to the first private frontage. You can obviously use a layby and agreed areas for the purpose, but if you think that, for example, you can park in the middle of a giant roundabout or or on a wide verge more than 15yds from the road with impunity then you are under a misapprehension.

Reply | Report as offensive | Link

Sat 14 May 2011 15:32

Land Rover Defender - Stopping off the carriageway - Dwight Van Driver

As far as I recall there is no specific offence of parking on a verge at the side of the road unless obstruction is caused, its deemed to be a dangerous position etc or contrary to Byelaw or statute such as Clearway Order which includes verge. This does not apply to HGV's who are prohibited under Section 19 RTA 1988

You may be thinking about this:

Section 34(1) Road Traffic Act 1988

if without lawful authority a person drives a mechanically propelled vehicle—

(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b)on any road being a footpath, bridleway or restricted byway,

(3)It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

There was a specific reference under Section 19A RTA 1988

Prohibition of parking of vehicles on verges, central reservations and footways.

but this was repealed by Schedule 8 Road Traffic Act 1991

dvd

Reply | Report as offensive | Link

Sat 14 May 2011 17:48

Land Rover Defender - Stopping off the carriageway - Davidss

DVD,

Thanks for your input. To start with a quickie, the link you give is broken, but as you say that legislation has been repealed I rather think thne fact I con't read it doesn't matter :-)

I'm not sure I understand this section, I suspect there is a relevant bit missing from your quote.

Section 34(1) Road Traffic Act 1988

if without lawful authority a person drives a mechanically propelled vehicle—

(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b)on any road being a footpath, bridleway or restricted byway,

I see subsection 3 as definately relevant to my query, thankyou.

Davidss

Reply | Report as offensive | Link

Sat 14 May 2011 15:59

Land Rover Defender - Stopping off the carriageway - Davidss

Thankyou for your prompt reply, but your experiences have led you to a totally incorrect assessment.

In this context I am a 'recreational motorist'. I drive on certain roads for pleasure of both the driving activity and the scenery I can see.

The roads I drive on are legal roads, but some have unsealed surfaces. A colloquial term for these roads would be 'Green Lanes', another regular legal term is BOAT (Byway Open to All Traffic).
These sort of roads do not have pavements, or laybys, and it would be missing the point of the exercise to stop near a property frontage.
Visually the road may comprise greenery to both sides with two or more tracks of earth or stone where tyres have passed, but as there is no definition between a 'road area' and a 'pavement area' in practise one can drive anywhere between the walls. Passing other users, whether on horseback, foot, or cycle, is a matter for local negotiation and common sense. Traffic levels are very low, as is the speed over the ground.
Sometimes the roads are bounded by a combination of stone walls, fences, and hedges. Sometimes they pass down the edge of an open field, so one road edge is not clearly undefined.

Some critics would assert I am indulging in 'off-roading' but that is definately what I do not do, and I believe the term is always used as a deliberate insult, in this context.
As part of the recreational use I will want to stop and enjoy the view, perhaps just for the sake of it, perhaps while I stop for a refreshment break.
I don't want to park 'more than 15 yards from the road', I want to park within a reasonable and allowable distance from the visible roadway, even if the roadway is only a couple of ruts, without being accused of driving 'off-road'.

Does that help you assess the situation?
Is there any other aspect that needs clarification?

Regards, Davidss

Reply | Report as offensive | Link

Sat 14 May 2011 17:01

Land Rover Defender - Stopping off the carriageway - Dutchie

I dont know the legals ins and out but I can't see any problem what you are doing.

I can't see any problem what you are doing.

I don't know the legals ins and out but enjoy the view.

Reply | Report as offensive | Link

Sat 14 May 2011 21:06

Land Rover Defender - Stopping off the carriageway - Pyranha

I would think the 'without lawful authority' phrase is important. As all land is someone's property, you would need the permission of the landowner to have 'lawful authority' to leave the right of way.

Driving onto private land may not be a criminal, or traffic, offence, but could well be the civil matter of trespass, even if you can rely on the 15yds defence against traffic offences.

Reply | Report as offensive | Link

Sun 15 May 2011 09:45

Land Rover Defender - Stopping off the carriageway - LucyBC

You will usually do better if you ask the question you want answering.

What you want to know is about Green Road legislation. It has very little to do with "stopping off the carriageway" which suggests a metalled and adopted road.

The most relevent legislation is the Natural Environment and Rural Communities Act 2006.

Under it all existing public rights of way for mechanically propelled vehicles are extinguished if:

it is over a highway which, immediately before commencement, was not shown in a definitive map and statement
or was shown in a definitive map and statement but shown only as a footpath, bridleway or restricted byway.

In terms of pulling off the side and parking up, most of these routes are over private land so even if it is a Byway Open to All Traffic or Unclassified County Roads - which are now the only ones you can now use legally - then as Pyranha says if you pull off and park up you are trespassing.

In terms of what you are doing, if one vehicle was using the route only occasionally and only at times when the surface might not be damaged then there may not be a problem but unfortunately that is rarely the experience and courtesy for ohers and respect for the countryside do not seem to fall naturally into the trail riders and 4wd "off roaders" lexicon, hence the legislation.

Reply | Report as offensive | Link

Ask Honest John

Sell Your Car

Real MPG

Fuel Calculator