The number of times we have heard prospective clients say something along the lines of “But I was caught bang to rights?” when we suggest there may be a lawful defence to a motoring charge they face will probably surprise you. In fact, we are so used to hearing this kind of query that we deliberately provide multiple verification tools to enable doubters to do their due diligence for themselves.
The fact is, the Geoffrey Miller team are in the business of “splitting hairs.” By this we mean that there are many elements which need to be proven by the prosecution to secure a conviction against a defendant. One of the main elements is whether the offence occurred on a “road” or “public place”. This may seem an obvious and clear cut issue but there are a whole host of factors which dictate whether a location is a road or public place that when argued by our talented lawyers, could well make the huge difference between being convicted or being acquitted of a motoring offence.
Road or Public Place – What’s the difference?
The main thing to keep in mind when considering whether or not a location is a road or public place is that all roads can potentially be public places, but not all public places can be roads. Sometimes, defendants are charged with driving on a road, or driving on a public place, or both a road and public place and this will be specifically stipulated on the charge sheet. Depending on where the alleged offence actually occurred, and what the charge sheet says, the defendant might have a factual dispute in relation to the charge.
Take for example being charged with driving on a road when you had actually only been seen driving on a car park. It is usually the case that a car park can be found by a court to be a public place. However, in almost all circumstances a car park is not a road.
What is a road?
According to the Road Traffic Act 1988 a road is “any highway or road to which the public has access”.
There is a vast amount of case law on what is considered a road. Some very important guidance was laid out in the case of Cutter v Eagle Star Insurance Co Ltd [1999] in which the court said the following:
“I would hesitate to formulate a comprehensive definition whereby a place may be identified as a road, but some guidance should be found by considering its physical character and the function which it exists to serve. One obvious feature of a road as commonly understood is that its physical limits are defined or at least definable. It should always be possible to ascertain the sides of a road or to have them ascertained. Its location should be identifiable as a route or way. It will often have a prepared surface and have been manufactured or constructed. But it may simply have developed by the repeated passage of traffic over the same area of land. It may be continuous, like a circular route, or it may come to a termination, as in the case of a cul-de-sac. A road may run on a single line without diversion or it may have branches…But it is also necessary to consider the function of the place in order to see if it qualifies as a road. Essentially a road serves as a means of access. It leads from one place to another and constitutes a route whereby travellers may move conveniently between the places to which and from which it leads. It is thus a defined or at least a definable way intended to enable those who pass over it to reach a destination. Its precise extent will require to be a matter of detailed decision as a matter of fact in the particular circumstances.”The Court
The main question then in determining on whether a place is a road, is whether it can be made to fit (in some way) the description above. Generally, any road, pavement, grass verge or bridges will meet the criteria of being a road. Whether places such as caravan parks and docks are a road will be a matter of fact and degree to be determined on a case by case basis.
In most cases, a car park will not be considered a road, even if roads are running through it. This is due to the fact that most car parks do not meet the characteristics of a road outlined in Cutter v Eagle. Generally, however, car parks will be considered a public place.
What is a public place?
Whether a location is a public place is a question of fact and law. In most circumstances, it must be found that the general public has access to the place and that such access is allowed either expressly or implicitly by the owner or proprietor of the place.
Therefore, a place could be considered a public place even if some parts of it are private. Likewise, a place may be considered private at certain times and public at others (for example, shop car parks during business hours).
Places such as caravan parks may be considered private. Generally, whether a place is considered private or public will depend on whether the people admitted to that location formed a “special class” or whether they were just members of the public being processed simply to make them subject to payment. The above criteria was most notably not found in the case of DPP v Vivier [1991] in which it was found:
“Turning now with that approach in mind to the facts of the present appeal, we conclude that there was similarly no sufficient segregation of selection of the caravanners and campers passing through the control system operated at Unity Farm to cause them to cease to be members of the general public and to become instead a special class. They passed through the gate, not for any reason or characteristic personal to themselves, not because they were in any way selected, but rather because they wished to enter and were prepared to satisfy the modest conditions imposed upon them. In our judgment a mere fondness for camping and caravanning cannot constitute a peculiarity sufficient to distinguish those who display it from their fellow citizens. Up to the boundary of this caravan site those seeking entry are unarguably members of the general public pure and simple. In our judgment it is quite unreal to suggest that at the gate some transformation occurs whereby they alter their legal character, shed their identity as members of the general public and take on instead a different status as caravanners and campers.”It was found
Why is the distinction important?
Depending on the circumstances of a motoring case, whether a defendant has been charged with driving on a road or public place could be a factor which can make or break a case. It is also important that when dealing with such cases, expert representation is sought. This is because whilst you may note on your charge sheet that you have been charged with driving on a “road” when you were driving on a car park, raising matters such as this requires careful strategic consideration. Raising the issue at the wrong time could lead to the Prosecution overcoming the issue.
If you are facing a motoring offence and believe you may have a road or public place point in your case, we suggest you contact our offices on 0161 274 5580 and speak to a member of our legal team who will be able to advise you on how to best proceed with your case.
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