Many drivers and landowners believe that when their car is on private land, the rules of the road no longer apply. To some degree, this is correct, as the Road Traffic Act 1988 applies only to public roads - but where problems can arise is in the interpretation of what constitutes private property and what is deemed public land. The law imposes specific requirements concerning public access that can lead to being charged with an offence even when the behaviour in question happened on a private field, road or other property.

If you are facing a prosecution for a motoring offence that occurred on private property, understanding this distinction could be key to your defence. At JMW, our expert motoring offence solicitors have a wealth of experience in defending drivers in these specific circumstances and can help you to interpret whether an alleged offence happened on private or public land, and what this means for your defence. Here, we explain the laws governing driving offences where they intersect with privately owned property, and outline the circumstances in which you may be charged with speeding, drink driving while over the legal limit, or other offences.

What Does the Law Consider a ‘Public Place’?

The central question in cases of driving offences on private land is whether the location is considered a “road or other public place”, versus entirely private property. This is important because the Road Traffic Act 1988 applies not just to council-maintained highways, but to any area to which the public has access, even if it is privately owned.

The key is not ownership, but accessibility. If the general public can, and does, use the area without restriction, it will likely be treated as a public place in the eyes of the law. This principle was established in the Scottish case of Harrison v Hill (1932), which determined that for a location to be public, there must be evidence of actual and lawful use by the general public. The burden of proof is on the prosecution to show, beyond a reasonable doubt, that the location meets this test. If so, you may be charged and convicted of any offences that took place in the area in question.

There are several common examples of privately owned locations that represent public places for the purposes of road traffic law:

• Supermarket and retail park car parks
• Pub car parks
• Multi-storey car parks
• Hospital car parks
• Private roads within housing estates that are not gated
• Hotel driveways
• Campsites and caravan parks

If you commit a driving offence in any of the above locations, you may be subject to criminal prosecution and will not be able to rely on the defence that the act took place on private land. With that said, there may be other defences available, and you should speak to a solicitor at your earliest opportunity for support.

For land to be considered truly private and outside the scope of most driving offences, access must be genuinely restricted. Examples include:

• A private farm field with no public right of way
• A securely gated private driveway
• A secured industrial estate where access is controlled
• A private car park for staff only with barrier-controlled entry

It is not advisable to commit driving offences even if you own land as described above, but it may be possible to mount a defence on the basis that the Road Traffic Act 1988 does not apply to your specific case.

What Are the Most Common Driving Offences Committed on Private Land

The distinction between public and private access directly impacts whether a driver can be found guilty of a motoring offence. There are many types of offences that may be committed, particularly if someone believes that they are immune to prosecution because the location is private land and not somewhere that members of the public have access.

Drink driving is one of the most common offences that leads to prosecution when committed on land that is technically private but considered public under the law. The police have the power to request a breath test from a person driving a motor vehicle in a public place, such as a pub car park or a supermarket car park, and this commonly leads to prosecution.

If you are found to be over the legal drink drive limit while in control of your car in a location where the public have access, you can be charged as if you were on a public highway. Beyond drink driving, you may be charged with simply being in control of a vehicle while above the legal limit for alcohol.

The offences of dangerous driving and careless driving (driving without due care and attention) also apply on private land that is accessible to the public. Careless driving happens when your driving falls below the standard expected of a competent and careful driver. A momentary lapse of concentration in a busy car park that causes an accident could lead to a charge.

Dangerous driving is a more serious offence, where the standard of driving falls far below what is expected. This could include racing another car in a retail park or performing dangerous manoeuvres.

On truly private land with no public access, these specific Road Traffic Act offences would not apply. However, if your driving on private land caused serious injury to another person, you could still face prosecution for other offences, including causing death by dangerous driving in the most severe cases.

Can a banned driver drive on private land?

A person disqualified from driving is banned from driving a motor vehicle on any road or other public place. Therefore, a banned driver caught behind the wheel on privately owned property that meets the definition of a public place as described above could face prosecution and strict penalties.

Driving a vehicle on genuinely private land to which the public has no access may not constitute an offence of driving while disqualified under the Road Traffic Act. However, it remains a significant risk. Any insurance policy would be invalid, and if an accident occurred, the driver could face serious legal and financial consequences.