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Insured or not insured…that is the question!

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Guardian.:
jesus

welshlaner:
really interesting all this stuff excellent thread

Could anyone tell me if it was legal for you to park up along side a public right of way either tarmac or unsurfaced on land that you yourself owned, without tax and insurance.

Secondly could you be done for driving untaxed and uninsured on private unadopted roads which have no right of way for the general public except the lanes or roads themselves are used by properties which share that right of way. Residents have a right to drive on the route, the public only if they can show a reason to be there. Would this apply to residents or visitors

Yoshi:
Welshlaner,

If its on private land then as long as the vehicle is sorn it can be parked there, as its not on a public highway.

Same goes for driving a vehicle, i dont know about unadopted roads or anything like that, but i know that private fields and stuff can be driven on, again as its private land and not a public highway.

welshlaner:

--- Quote from: "BadgersRover" ---Welshlaner,

If its on private land then as long as the vehicle is sorn it can be parked there, as its not on a public highway.


--- End quote ---


OK the "case" i'am thinking of is a cottage on a "greenlane", its not one to get excited about just a unsurfaced farm track leading to a farm and a couple of houses.

In the deeds it clearly states the cottage owns the track, but it has a right of way over it an OPPA, next to the cottage is a old landy without tax & insurance parked next to the track, but not on it.

Now some "pain in the neck" now wants the lane to be shut to motorised traffic and wipping up some local opperstition, they have noticed the untaxed and uninsured landy and approched the owner saying its against the law to park it there has its on the right of way. However if the lane was shut then such laws would not apply. There is no boundary line or anything just a grass verge.

Its a bit like the poster who said he would park up next to the road and leave a untaxed uninsured motor, does the law make allowances for the owner of the vechicle if they owned the land.

Put it another way if the farmer was driving along a legal row ie a greenlane, but he owned the land would they be commiting an offence if no tax/insur/mot.

I've approched the owner of the landy& cottage, they don't want to sell, neither do they want the lane shut, seems after taking legal advice they would be responsable for the up keep.

Yoshi:
The farmer in that example would still be prosecuted as the land still was a right of way, so therefore still a public highway.

If the untaxed and uninsured landy is off the actual right of way and on his private land next to the right of way then i cant see there being a legal issue.  The only sticky point i can see is the boundary issue.  How do you define where the right of way ends and his private land begins.  Best argument there would be that the bit that is mostly worn through driving is the right of way and everything else isnt.

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