3. Driving without a license on a ‘road’
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Driving without a license on a ‘road’
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Offence has been allegedly committed ‘drove a motor vehicle  on a named road, otherwise than in accordance with a licence authorising you to drive a motor vehicle of that class.’  As the alleged offence was on a tesco car park and not a road is this enough for a non guilty verdict?
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Re: Driving without a license on a ‘road’
« Reply #1 on: »
No
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Re: Driving without a license on a ‘road’
« Reply #2 on: »
There is a case  that  found a pub car park wasn’t a public space when the pub was closed and the defendant in that case got off.

Was Tesco open at the time?
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Re: Driving without a license on a ‘road’
« Reply #3 on: »
There is shed-loads of case law on this issue.  I'm afraid that a Tesco car park is not even marginal, it is definitely a public place for RTA purposes.
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Re: Driving without a license on a ‘road’
« Reply #4 on: »
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I'm afraid that a Tesco car park is not even marginal, it is definitely a public place for RTA purposes.

But the Road Traffic Act does not mention "public places" for the purposes of requiring a licence:

87. Drivers of motor vehicles to have driving licences.

(1)It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.
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Re: Driving without a license on a ‘road’
« Reply #5 on: »
Yes it was open at the time.
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Re: Driving without a license on a ‘road’
« Reply #6 on: »
As a rule of thumb, the “roads” around a car park (as opposed to the parking bays) can indeed be a road.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: Driving without a license on a ‘road’
« Reply #7 on: »
Quote from: NewJudge on September 15, 2025, 01:08:17 pm

But the Road Traffic Act does not mention "public places" for the purposes of requiring a licence:

87. Drivers of motor vehicles to have driving licences.

(1)It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.

You are correct of course but I was trying to avoid the 'but it isn't a road' response.

As I am sure you are aware, the word 'road' has been widely interpreted by the courts to be any place to which the public has access.

That has then ben tested for what the term 'public' means (does it have to be available to absolutely anybody or just one particular group for example) and for what the term 'access' means (does it include where they have to pay for example).

A Tesco car park is well outside any of these subtleties.

....but I suspect that you already know all of that.
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Re: Driving without a license on a ‘road’
« Reply #8 on: »
A road goes from one place to another.
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I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Re: Driving without a license on a ‘road’
« Reply #9 on: »
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…the word 'road' has been widely interpreted by the courts to be any place to which the public has access.

I’m not so sure. Not recently, anyway.

There is a clear distinction in the wording between that in s87 (the requirement for a licence) which mentions only “a road” and that in s144 (the requirement for TP insurance) which mentions “a road or other public place”.

Interestingly, the “other public place” extension was not added to s144 until 2000. If the legislators had thought it necessary to add it to s87 as well, they could have done so but didn't. This seems to me to indicate that they believed there should be a distinction between the two.

There may have been some interpretation of “a road” (for s144 offences) needed prior to that.


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Re: Driving without a license on a ‘road’
« Reply #10 on: »
Any attempt by the OP to challenge the allegations on the basis of the subtleties of what is or isn't a road will cost them a tidy sum in fees to legal professionals (I'm willing to bet they wouldn't be able to do so themselves with even the remotest change of success). Especially as the more serious insurance allegation seems to have a wider scope. As the saying goes, "Do you feel lucky (and rich), punk?"
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Re: Driving without a license on a ‘road’
« Reply #11 on: »
How were you identified as not having insurance.
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Re: Driving without a license on a ‘road’
« Reply #12 on: »
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How were you identified as not having insurance.

I don't think he was.
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Re: Driving without a license on a ‘road’
« Reply #13 on: »
oops wrong question. How were identified as not having a license
« Last Edit: October 10, 2025, 10:15:20 am by Mayhem007 »
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