The Unlicensed Vehicles thread made me think...

What is a public highway anyway?

My Bluebird will be SORN and uninsured soon.. until I get it fixed and flog 
it or give it away.

I was planning to leave it on a gravel hard standing over the road where 
there are occasionally a number of cars (in reasonable condition) left for 
long periods, as well as daily use ones. It's bounded by a footpath and a 
dropped kerb to the road.

Is this a 'public highway'? Can I legally leave the car there?

I've never seen any problems caused by cars there - plenty of space and they 
don't get ticketed/clamped. I was just wondering what the rules are...

PC Paul wrote:

> The Unlicensed Vehicles thread made me think...
>
> What is a public highway anyway?
>
> My Bluebird will be SORN and uninsured soon.. until I get it fixed
> and flog it or give it away.
>
> I was planning to leave it on a gravel hard standing over the road
> where there are occasionally a number of cars (in reasonable
> condition) left for long periods, as well as daily use ones. It's
> bounded by a footpath and a dropped kerb to the road.
>
> Is this a 'public highway'? Can I legally leave the car there?
>
> I've never seen any problems caused by cars there - plenty of space
> and they don't get ticketed/clamped. I was just wondering what the
> rules are...



Paul,

Defination:

The public highway, as defined by law, consists of any verge, footway,
carriageway, bridleway or footpath that is maintained at public expense and
over which the public has a right of way.

You can only legally park OR USE an untaxed vehicle , uninsured vehicle,
unroadworthy vehicle or a vehicle with an expired MOT certificate on PRIVATE
land with the owners permission - that is land not maintained by the public
purse.

Brian G

"PC Paul"  wrote in message 
news:_Y6Pe.19849$jr4.14189@fe3.news.blueyonder.co.uk...

> The Unlicensed Vehicles thread made me think...
>
> What is a public highway anyway?
>
> My Bluebird will be SORN and uninsured soon.. until I get it fixed and 
> flog it or give it away.
>
> I was planning to leave it on a gravel hard standing over the road where 
> there are occasionally a number of cars (in reasonable condition) left for 
> long periods, as well as daily use ones. It's bounded by a footpath and a 
> dropped kerb to the road.
>
> Is this a 'public highway'? Can I legally leave the car there?
>
> I've never seen any problems caused by cars there - plenty of space and 
> they don't get ticketed/clamped. I was just wondering what the rules 
> are...


I have been through this a couple of times....
If the road surface changes and/or there is a kerb, then keeping the car 
sorn the other side of it is OK.  Got caught many moons ago in a parking bay 
with an untaxed car, the road surface continued into the bay.  I was told at 
the time that, had the car been in the next bay, which had a dropped kerb 
around it, and was concrete, that I wouldn't have been done.  Since then I 
have had a letter about a van I left standing for a few months, I pointed 
out the surface change and kerb and got a letter saying no further action 
would be taken.  Earlier this year I had a Rover sorn'd and in a similar 
position.  I came home to find yellow "Reported to DVLA" stickers on it, 
when the letter came claiming back tax and threatening all sorts, I wrote 
back, including pictures of where the car sat, and the dropped kerb and 
surface change.  Again they wrote back dropping all action.
However, the council round here regard ALL untaxed cars as abandoned and 
beyond reasonable repair, and will stick a death notice on the car and if 
no-one contacts them, they come and dispose of it, if the gypsies don't get 
it first.  I'm not sure if they can regard an untaxed car as abandoned 
legally, but a phone call telling them it is owned by me and not abandoned 
has worked.

--
R

In article <_Y6Pe.19849$jr4.14189@fe3.news.blueyonder.co.uk>, PC Paul 
says...

> The Unlicensed Vehicles thread made me think...
> 
> What is a public highway anyway?
> 
> My Bluebird will be SORN and uninsured soon.. until I get it fixed and flog 
> it or give it away.
> 
> I was planning to leave it on a gravel hard standing over the road where 
> there are occasionally a number of cars (in reasonable condition) left for 
> long periods, as well as daily use ones. It's bounded by a footpath and a 
> dropped kerb to the road.
> 
> Is this a 'public highway'? Can I legally leave the car there?
> 

No. Public Highway extends to the boundary of your property. Even if 
you have a grass area in front of your house with tarmacced sections 
for car parking, unless it is within the boundaries of your property as 
defined on the deeds, it is public highway.


-- 
Conor

The child is grown, the dream is gone.
I have become comfortably numb. - Pink Floyd