Be aware that the law is very different in Scotland!
QUOTE (jobo @ Thu, 27 May 2010 - 15:59)
to my knowledge it not endorsable, though there is a provision under section 59 PRA to seize the vehicle,
Sect 59. does not apply in Scotland, but there are similar provisions under Sect 120 CJ(S)A.
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though the insurance is a problem, less as CC said about it being invalidated, more that your in to a huge debate about if your in a public place and if so that you need it
The definition of a road in Scotland is much wider than South of the Border (being any place which is not a waterway to which the public has access). If the land is open to the public it is almost certain that the full weight of road traffic law would apply and he driver would need to be insured with a policy that included off road use (most specifically exclude OR use).
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now common land is reasonably well defined
There is no concept of "common land" in Scottish Law.
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any land not being part of a road is so enormous as to cover supermarket car parks and certainly private car parks
The Scottish Courts have confirmed that such areas fall within the definition of a road in Scotland (EDIT: Unless it is fenced off).
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my mate was pulled riding his bike down a canal towpath and successfully argued it was a road,
The Scottish definition of a road includes the wording "not being a waterway" so oddly this is once public place that would not be a road up here
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foot paths needing to be designated as foot paths in order to be foot paths
Not in Scotland it just needs to have the "character of a footway".
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there also the issue of acquired right of access, that being private land that has acquired right of way status by being unfenced for a number of years, giving you the lawful authority you require
Scottish law has no concept of Rights of Way. There is a "right to roam" but that only applies to people on foot or horseback.
If your vehicle caused damage (even tyre marks in the grass) to private land you could also face charges of criminal damage or criminal trespass (In Scotland traspass becomes a criminal offence of you cause damage to private property during the trespass).
In terms on consequences if the landowner or locals complained seizure (or a warning notice/marker for a first off) of your car under Sect 120, or for not having valid insurance is the most likely result. If it is an area which has a lot of unlawful off roading, which the police have been asked by the community to target under the Anti-Social Behaviour (Scotland) Act the driver might also end up with an ASBO. If the area is open to the public and the vehicle was being driven in a dangerous or careless manner charges of DD or CD might be on the table.
If the landowner kicks up a fuss about damage to his property criminal damage or criminal trespass charges are very likely, which would put a prison sentence on the table.