Driving on private property - the law
There are a number of different driving laws that could potentially be applicable if you are driving on private property. However, because of this there have also been a number of myths around driving on private land, with many people believing that some activities, which would normally be unlawful, are fine on private land.
Driving without insurance
One common area for discussion is whether an individual can drive uninsured on private land. As it is not public land, on which it is illegal to drive without insurance (which can involve a fine and even imprisonment for repeat offenders), there is a commonly held belief that an individual can legally drive without insurance. Indeed, this is true to some extent. If you have a right to use private land to which the general public does not have access then you are within your rights to drive on that land without insurance.
This may be the case if you are fortunate enough to have a large garden to which the public does not have access. However, if the public does have access to the private land then you must have insurance in order to drive lawfully on that land. A private campsite, for example, would not be deemed private land in terms of insurance, as it is clearly a place to which the public have access. For public policy reasons, therefore, you must have insurance to drive on this land, even if it is your own private land.
Driving age limit
Very similar provisions are relevant to the legal age to drive in the UK. As most people across the land will tell you, you must be 17 years old in order to get your provisional licence and then drive on public roads. You can of course take your driving test on your 17th birthday and, if successful, legally drive in the UK. Many people who have the benefit of their own large private land will allow their children to drive on that private land before they are 17 so they can practice.
As with insurance, it is fine for your child to drive a car on your own private property where you are supervising them. However, if the public has access to that private land it will again be deemed unlawful. One particular point to note in this area is the importance of having a provisional licence when on public land, or private land to which the public has access. Without a provisional licence you will not be able to have insurance and therefore any driving (even with a parent) on either public land or private land to which the public have access will be unlawful as you will be driving without insurance which is an offence.
Being fortunate enough to own private property vast enough to drive on can carry significant advantages but it is important that people are aware of just how “private land” is defined in this context. If you own private land but the public have access to use it then you must be aware that it is extremely likely the rules in relation to public land will apply.
- Source:
- FindLaw
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