The Commissioner had been wrong to conclude that he could not bring prosecutions in respect of driving on a certain road because it was not a ‘road’ within the definition of the Road Traffic Act 1972. Having observed that ‘[c]ounsel and solicitors in magistrates’ courts, in the Divisional Court and in the Crown Courts can quite easily get confused with much learning’, Jupp J referred to the Lord Chief Justice’s judgment in Cox v White, which he optimistically called a ‘salutary clearing away of the complications which have arisen around this matter’.
Jupp J
[1980] RTR 289
England and Wales
Cited by:
Cited – Bowen and Others v Isle of Wight Council ChD 3-Dec-2021
What makes a road a Road?
The Court was asked whether a Road was a ‘road’ for the purposes of the 1984 Act’
Held: It has often been said that the public access mentioned in the definition of ‘road’ must be both actual access and legal or lawful access. However, simple . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 10 December 2021; Ref: scu.670323
