The defendant was a disqualified driver. He was seen to be driving slowly across a railway station car park. He was found to have excess alcohol in his blood.
Held: Allowing his appeal against conviction. The magistrates had found that the car park’s prime function was the parking of cars but that it was also used by pedestrians and as a through road. The only use which could properly constitute it as a road was the use by staff to drive through it to their own car park. That was insufficient to make it a highway. The appeal succeeded.
References: Times 05-Mar-2004
Judges: Rose LJ, David Clarke J
This case cites:
- Cited – Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
(Times 23-Oct-98, Gazette 25-Nov-98, Gazette 11-Nov-98, , , [1998] UKHL 36, [1998] 4 All ER 417, [1998] WLR 1647)
This case is cited by:
- Cited – Barrett v Director of Public Prosecutions Admn 10-Feb-2009
barrett_dppAdmn2009
The defendant appealed against his conviction for driving whilst disqualified. He had driven on a roadway within a caravan park. A public footpath (a highway) went through the park. There were gates at the entrance but these were kept open. The . .
(, [2009] EWHC 423 (Admin))
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194253