Quick Question re Ban

#1
Just a quick question. Whilst I await my court date, I am think of all the practical issues etc.

Just a quick question. I am divorced and live alone. My car will be parked off road, (private driveway), throughout the course of my ban. Am I allowed to start the engine up every now and then, (whilst not driving it anywhere), or is this classed as driving whilst disqualified?

Sorry if that is a dumb question
 

The Village Idiot

Well-known member
#2
Hi Stephen,

I am really tempted to say you will be ok to do that, as like you say it is a private drive. But I am not sure if I am being totally honest. It is certainly not a silly question.

But here let me give you some advice, stay away from the car. Once you start it the temptation to drive will be excruciating. Your car will be marked too, if it is the one you were caught in. If an ANPR copper comes past and see's you in the drivers seat, how will you convince him you haven't just taken it for a spin. He won't know, and probably won't care either as he just bagged himself a Disqualified Driver caught at the wheel with the engine running. It could open a whole can of worms.

So my advice is Don't do it. Think of an alternative, e.g get a neighbour to do it, or get a neighbour insured and take it for a spin every now and then just to keep it ticking over. Most peoples insurances will alllow them to drive other vehicles anyway. I left my car sitting there for 8 months, then couldn't move the bloody thing!!

One thing they said almost certainly would happen, was that because I got my licence back early due to the course, that I would get stopped within 3 months of being back on the road because they think they have got a diqual driver you see. And guess what I Did get stopped too. Within 3 weeks. And I had, had a drink the night before. I nearly collapsed. I was ok and I knew I would be, but it didn't half put the frightners on me. But everything was legit.

So, my advice is get someone else to do it, to be on the safe side.

All the best,

TVI
 

cc2491

Well-known member
#3
If you have a big yard, then you are free to drive around on your own private propertly. But, as the person above said, if it is on your driveway, near the road, then you may well be took to court, if a police officer discovers you, and isn't the friendliest of cops. If you have gates on your driveway, then you could keep them closed, so if a cop did happen to know you were banned, then he will know you haven't been out driving. Again, you are legally entitled to start and move a car in your own property, but just be careful near the road.

Why not buy a cheap car, and and go to a race track for a track day? Or, if a friend or relative happens to have a large property, or a field, you could take it for a spin if you feel the need :)
 
#4
Ignore the above posters (who I'm sure meant well enough and never catergorically said you'd be OK to be fair to them).

Yes, you can and will get done if caught even if it is private property. If it is a place where it is deemed members of the public can/do access freely then you are deemed a threat to public welfare, so something along those lines.

Don't risk it.
 

cc2491

Well-known member
#5
Ignore the above posters (who I'm sure meant well enough and never catergorically said you'd be OK to be fair to them).

Yes, you can and will get done if caught even if it is private property. If it is a place where it is deemed members of the public can/do access freely then you are deemed a threat to public welfare, so something along those lines.

Don't risk it.
You are an idiot. It is not illegal to drive on private property. Lot's of people, and even kids have cars that they drive around in, if their dad owns a field or something.
 

quartz

Well-known member
#6
Ignore the above posters (who I'm sure meant well enough and never catergorically said you'd be OK to be fair to them).

Yes, you can and will get done if caught even if it is private property. If it is a place where it is deemed members of the public can/do access freely then you are deemed a threat to public welfare, so something along those lines.

Don't risk it.
And why exactly would the public have free access to his drive?
 

neverwillagain

Well-known member
#7
Postman or delivery man would be public?
When I was banned I used to ride a motorbike around the family farm but people do walk their dogs on some of the land, to be on the safe side I phoned my local police and was told it was ok as long as there were signs up stating that the land was private.
 

gal738

Active member
#8
when i was baned i hired a garage i had a toyota supra 3.0 i it was in this yard i closed the gates up and locked it i was driving up and down the yard the police wanted to search a garage and asked me if i could let them in told them no because it is private property then got back in car and carried on driving up and down if they broke in to the yard i would of rammed then i am on private property they dont have a warrant to enter
 
#9
Not the best thing to do.
1. It is not clear from what you said if you were the owner of the yard, being the renter of a garage does not confer owners rights to the yard to you to refuse access. They could have had the owners permission to enter the yard.
2. There is an offence of Furious driving of a Carriage, contrary to the Highways Act of 1835, which can be committed anywhere, even private property.
3. If you deliberately ram a vehicle, it could be viewed as serious as attempted murder. Trespassing might be against the law, but the response has to be proportionate, which in the case of a trespass is to take out a civil action at court by way of summons....
 
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