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Old 10-08-2009, 05:25
halewood
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(Wow, my second post today!)

Just to clear an arguement.

Lets say I'm a farmer and I've had a few drinks (over the legal limit) and I notice a gate open within the confines of my farm. Would I be breaking the law if I got into my own vehicle and stayed within my land and drove to and from the gate in order to close it?

Could I be prosecuted?

Thanks
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Old 10-08-2009, 05:50
Scotland1
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It doesn't matter where on the land you are. If you are over the national drink limit, and you get caught, you will get done. It's the same with a motor boat or aircraft. If you are in British Water or Airspace, and you are caught, you will get done for it, unless you are an international diplomat.
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Old 10-08-2009, 09:34
Keefy-boy
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It doesn't matter where on the land you are. If you are over the national drink limit, and you get caught, you will get done. It's the same with a motor boat or aircraft. If you are in British Water or Airspace, and you are caught, you will get done for it, unless you are an international diplomat.
utter cobblers. it is an offence to drive under the influence of drink or drugs on the highways. it is not an offence on private land.

there is no specific offence of driving a private motor boat whilst under the influence, though were there an accident and it was discovered it would cause insurance problems.

it would however be an offence to operate an aircraft.
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Old 10-08-2009, 09:42
davidmcn
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utter cobblers. it is an offence to drive under the influence of drink or drugs on the highways. it is not an offence on private land.
Tell that to everyone arrested in pub car parks.
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Old 10-08-2009, 09:46
jackol
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utter cobblers. it is an offence to drive under the influence of drink or drugs on the highways. it is not an offence on private land.

there is no specific offence of driving a private motor boat whilst under the influence, though were there an accident and it was discovered it would cause insurance problems.

it would however be an offence to operate an aircraft.

Its not utter cobblers at all. The only thing in favour would be a "potential defence"
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Old 10-08-2009, 09:51
Keefy-boy
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Tell that to everyone arrested in pub car parks.
Its not utter cobblers at all. The only thing in favour would be a "potential defence"
The drink driving laws apply to a "road or other public place".

The answer will depend on whether the land in question is a place to which the general public have unfettered access. The public usually have access to pub car parks even though they might be privately owned.

if the farmer's land that the OP cites is not accessable to the public he doesn't even need a license or insurance to drive on it and he can drive whilst pissed as a fart without breaking the law.
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Old 10-08-2009, 09:51
IWantPVR
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Good question:

http://www.lawontheweb.co.uk/crimedrinkdriving.htm

Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg a pub car park or a garage forecourt), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).
Note "public place"

Your farmer can contest that he was on private land but in a pub car park he'd be done for.
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Old 10-08-2009, 09:51
Confusing
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You can do what you want on your own land. You don't need a licence or anything (if it is your own private land and NOT public)
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Old 10-08-2009, 09:52
Dodgyraider
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(Wow, my second post today!)

Just to clear an arguement.

Lets say I'm a farmer and I've had a few drinks (over the legal limit) and I notice a gate open within the confines of my farm. Would I be breaking the law if I got into my own vehicle and stayed within my land and drove to and from the gate in order to close it?

Could I be prosecuted?

Thanks
Illegal or not (personally I don't believe you can be prosecuted), do you come across many police patrolling your fields?
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Old 10-08-2009, 10:13
Scotland1
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If your land has a gate that leads to a public road, even if it's through another field, then it's still classed as an offence.
When I was ... ... ... I think in my Early 20's I used to joy-ride my Mums old car [s.w.o.r.n] in our field, but one day the oil ran-out and the car went up in flames. Someone phoned the fire-brigade and as per procedure the police had to investigate in case it was a dodgy insurance scam or whatever. It turned out that I did not have a driving license, and I told the Police that, that did not bother me as the car was on my land well away from the main road, but the Police said that they still had a right to prosecute me, because the land had a gate. They let me off with a warning.
Another thing they can do you for is if your are drunk in a parked car, but you are not in the drivers seat and you have the key in your possession, i.e your pocket or hand. Having the key, you are still in charge of the car.

Bear in mind also that the laws vary slightly between Scotland, Ireland, Wales and that other place with the people that wear bowler hats and all the people called Morris like to dance.
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Old 10-08-2009, 10:18
Scotland1
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Illegal or not (personally I don't believe you can be prosecuted), do you come across many police patrolling your fields?

Police will patrol fields if the have a reason to, or if a police helicopter alerts them to suspicious activities etc.
I'm guessing by your comment... you'd be surprised at what the Police do find-out about, and how quick 'sometimes.'
Just watch Hot Fuzz, you'll learn all about rural police.
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Old 10-08-2009, 10:23
Hypnodisc
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I'd love to drive semi-pissed (on a deserted airstrip or in a field) I think it would be actually quite good fun (if I wasn't worried about damage to the vehicle and wore a crash helmet)

Just me then?
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Old 10-08-2009, 10:23
Confusing
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If your land has a gate that leads to a public road, even if it's through another field, then it's still classed as an offence.
When I was ... ... ... I think in my Early 20's I used to joy-ride my Mums old car [s.w.o.r.n] in our field, but one day the oil ran-out and the car went up in flames. Someone phoned the fire-brigade and as per procedure the police had to investigate in case it was a dodgy insurance scam or whatever. It turned out that I did not have a driving license, and I told the Police that, that did not bother me as the car was on my land well away from the main road, but the Police said that they still had a right to prosecute me, because the land had a gate. They let me off with a warning.
Another thing they can do you for is if your are drunk in a parked car, but you are not in the drivers seat and you have the key in your possession, i.e your pocket or hand. Having the key, you are still in charge of the car.

Bear in mind also that the laws vary slightly between Scotland, Ireland, Wales and that other place with the people that wear bowler hats and all the people called Morris like to dance.
Well I take it your not from England because that doesn't apply here.

Edit: lol just saw your name The gate thing must be a Scotland thing.
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Old 10-08-2009, 10:41
PiggyHiggy
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This has been taken from a drink driving UK law website.....

The law applies to a "road or public place", so you can be convicted of drink-driving anywhere the public have access, including private car parks - you do not have to be on a public road. Specifically, and contrary to popular myth, the police can require a breath test on a pub car park. However, it is not a specific offence on private land to which the public do not have access, although various charges could be brought if driving under the influence of alcohol led to death or injury. For clarification private land that has a public footpath through it, or is ungated/unfenced is deemed to have public access.
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Old 10-08-2009, 10:45
Confusing
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I also found

RTA-1961:
""public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;"

http://www.boards.ie/vbulletin/showp...85&postcount=5
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Old 10-08-2009, 10:45
Scotland1
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This has been taken from a drink driving UK law website.....

The law applies to a "road or public place", so you can be convicted of drink-driving anywhere the public have access, including private car parks - you do not have to be on a public road. Specifically, and contrary to popular myth, the police can require a breath test on a pub car park. However, it is not a specific offence on private land to which the public do not have access, although various charges could be brought if driving under the influence of alcohol led to death or injury. For clarification private land that has a public footpath through it, or is ungated/unfenced is deemed to have public access.
That's one example of how the law might be seen to contradict itself, and I think whoever wrote that should do away with the 'could.'
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Old 11-08-2009, 07:26
grumpyscot
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The Road Traffic Act applies to the whole of the UK - there are no differences between England, Scotland, or Wales. Only the legal processes vary.

And providing the gate is SHUT, the public have no access, therefore the farmer can do what he likes. My son happily drove a 30 ton artic in a farmer's yard and was told by a traffic cop who just happend to be there on another matter that he was perfectly legal. Also, there are a number of kids - age 8 to 18 - drive gocartsat the GoKart centre - they are quite legal as the track is fenced off and does not have public access.
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Old 11-08-2009, 08:16
DavidT
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Just a thought, many, many fields have a public footpath through them. Presumably those would be classed as areas of public access?
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Old 11-08-2009, 10:33
Confusing
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Just a thought, many, many fields have a public footpath through them. Presumably those would be classed as areas of public access?
Anywhere the public would usually have access (like car parks or fields with walkways) need to be gated close.
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Old 12-08-2009, 07:18
grumpyscot
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A WALKWAY is not classed as a public road, so can be exempt - but since the walkway usually passes through another person's land, the land owner can set the rules about whether anyone else is allowed to drive or not. Only access to the land is governed by the Land Reform Act.
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