The defendant had parked his care on a driveway. He left to go drinking. On his return, a neighbour had parked across the foot of the drive obstructing all but pedestrian access. The defendant reversed his car within the driveway but so as to damage the neighbour’s car. Accused of an offence under section 5, he said that the wheels of his car had never left the curtilage of the property.
Held: The appeal failed. Langstaff J said that ‘on the road’ does not necessarily involve physical contact between any part of the vehicle and the roadway, and it is not necessary for the entirety of the vehicle to be on the road in the sense of wholly located there.
Sir Anthony May P, Langstaff J
[2011] EWHC 2388 (Admin)
Bailii
Road Traffic Act 1988 5
England and Wales
Citing:
Cited – Randall v The Motor Insurers Bureau QBD 1968
A school sergeant attempted to stop a vehicle which had been fly-tipping on private school land from leaving the land by standing in front of it. When the lorry moved toward him, the driver being determined to leave, he was forced to jump to one . .
Cited – Holliday v Henry QBD 1974
The prosecutor appealed by case stated from the magistrates acquittal of the respondent under section 8(1) of the Vehicles Excise Act 1971, which provides that a person is liable to a penalty if he keeps on a public road any mechanically propelled . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.444863
