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mactheblack
I have today received a driving ban........from driving on Swansea port!!!!!! Basically the security guys were using a hand held speed gun and i refused to stop when they flagged me down. (No idea of what type of speed gun etc - but it looked like an old fasioned type that only displays the speed on the device but does not record the data anywhere).
My question is this.....

in their letter to me they say that the port roads are subject to the Road Traffic Act 1988 and as a result it is an "offence if a person drives a motor vehicle on a road recklessley, or without due care and attention or without reasdonable consideration for other persons using the road".

Now if the roads are subject to the RTA, Do they have any right (as they are not constables) to stop a motor vehicle in this way and am i right in thinking that the speed detection device they are using should be correctly calibrated before each use?
Surely if the port roads are bound by the RTA then aren't they classed as public Highways and all aspects of the speed enforcement can only be carried out by a constable?

Thanks for any help/advice.
southpaw82
When you say a "driving ban" what do you mean?
mactheblack
Sorry, i should have explained.
Security have issued me with a letter to say that, while i am still allowed to enter the port estate i am not allowed to drive on the port for 3 months. I understand that the Land Owner has the authority to exclude any person from entry to the estate so i assume that he can also dictate the terms of any allowed entry - but this guy is just a security bod with a chip on his shoulder and not the Land Owner.
To be honest this is a bit of victimisation, i was warned about my speed about 2 weeks ago and since have been very carefull and so not believe i was doing the speed they say. (42mph - the port have a limit of 30mph)
captain swoop
I go nto the Wilton chemical plant site and Tees Dock on Teesside quite a bit to fix PCs. These are huge sites and have a 20mph limit. Two of my colleagues have been banned from driving on ther sites for speeding, they are very hot on it.

If the landowners Agent in the form of the site security has been authorised to ban you from driving on the site I don't see what you can do other than drive a different car smile.gif
scalpels
If you believed you weren't going too fast, why didn't you stop and discuss this with the Security staff, the fact you decided you weren't going to stop for Security...in a PORT FFS!!....doesn't help your argument, plus they're not likely to bother speed checking you if you were within the agreed limits on site? The security have a job to do....would you choose to ignore a traffic cop if he speed checked you and flagged you down? Same principle applies IMHO.... they're the authority on site, whether you like it or not!

If it's private land then they can ban you if you're driving too fast or recklessly......the Security guys will be employed by the Land Agents and as such will have every right to stop you. If you HAD stopped for the Security as requested, you may well have just got a slapped wrist.

I used to work at Nissan, Sunderland who employed similar systems.....basically 2 warnings then a ban from site. That applied to everyone including the MD who had 2 warnings against him!!

Regarding using another car...it's an idea...but if you work for a company and you're collared trying to get on site using another company car while you personally are banned.....then the Port Authorities may take a very dim view of it with your company!!



spanner345
B.P. site, Saltend, Hull.........Just the same..If Saltend is anything to go by, don't try and get round the ban by changing vehicles. If you are caught you may be banned from site totally.
Gaza
QUOTE (mactheblack @ Thu, 4 Dec 2008 - 10:52) *
in their letter to me they say that the port roads are subject to the Road Traffic Act 1988 and as a result it is an "offence if a person drives a motor vehicle on a road recklessley, or without due care and attention or without reasdonable consideration for other persons using the road".


If the roads are deemed to be roads that the public have access, then yes, they could be subjest to the provisions of the RTA. It is why the police have powers to nick boy racers in supermarket car parks.

QUOTE (mactheblack @ Thu, 4 Dec 2008 - 10:52) *
Now if the roads are subject to the RTA, Do they have any right (as they are not constables) to stop a motor vehicle in this way and am i right in thinking that the speed detection device they are using should be correctly calibrated before each use?
Surely if the port roads are bound by the RTA then aren't they classed as public Highways and all aspects of the speed enforcement can only be carried out by a constable?


I doubt very much if they have any powers of stop and IMHO you can choose to ignore their request. Although the roads will be subject to some powers under the RTA, speeding will not be one of them unless there are specific by-laws in place such as house at airports. Speed enforcement will be a purely local thing with no power to issue fines or points. However, as it is private land they could enforce other sanctions such as a ban.

QUOTE (captain swoop @ Thu, 4 Dec 2008 - 14:39) *
If the landowners Agent in the form of the site security has been authorised to ban you from driving on the site I don't see what you can do other than drive a different car smile.gif


They could try to ban you but I suspect it would take a court order to enforce. The only exception would be is if the land was gated they could refuse you access.

QUOTE (scalpels @ Thu, 4 Dec 2008 - 14:54) *
the Security guys will be employed by the Land Agents and as such will have every right to stop you.


And what "right" would that be? They could request that you stop but they have no power to require you to stop.
southpaw82
If it is indeed a road then I don't see why a traffic regulation order or bye-law could not be in force relating to a speed limit. If the OP has been banned from the site in a vehicle then returning in a vehicle would be a trespass and he could be ejected using reasonable force. No court order is required.
ict_guy
Is there an appeals procedure?
glasgow_bhoy
The MOD do this at Faslane Navy base as well- Im told by somebody who was banned (doing around 4 times the 20 limit..) that it was an old police gun
captain swoop
QUOTE
They could try to ban you but I suspect it would take a court order to enforce. The only exception would be is if the land was gated they could refuse you access.


A Sea Port is usualy Gated. Teesport needs a photo ID and completion of an induction course before your allowed on site even as a visitor, Same applies for the chemical refineries at Wilton etc.
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