Another one for the MBC legal team

[petem]

Don't know if anyone else read Tom Willis' piece on motorised scooters (Dec MBY). He states that it is legally OK to ride scooters in marinas as they are private land.

I disagree and found the following on the net: Section 142 of the Road Traffic Regulation Act 1984 defines "road" as any length of highway or of any other road to which the public has access. The Act therefore covers privately owned roads to which the public has access as well as highways maintained at public expense.

When you think about it, this legislation is very sensible. It means that idiots can't drive around marinas uninsured, stoned, pissed or in any other unacceptabe state.

So who's right, me or Tom Willis?

 

[hlb]

I would think. Being Lerneded. That long as they stick to the pontone, them carnt be rodes so alrite. Cos it not public on ther.

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Haydn

 

[byron]

Technically the Public are trespassing if they are on Marina Land so I would hazard that Tom Willis is right.

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[petem]

Not convinced. You'll have to do better than that!

 

[BarryH]

Them bloody things should be banned anyway. Sodding things buzzing about all over the place and sounding like a ruptured gnat. Right pain in the arse. Last time one of those things woke me up in the morning, I checked where the bloke come from, then next morning started my XR trail bike right under his window at 6am. Just so he knew how I felt when he woke me up!!

 

[jfm]

Re: Case dismissed. Costs awarded to MBC

I would think MBC is right. First, marinas are generally not open to the public. Anyone using them is doing so under licence from the owners, or if a berthholder then pursuant to a contract with the owner. Second, a marina pontoon is not a road or highway. The hardstanding and car park might be, but not the pontoons. That said, it is open to the marinas to ban them, but that's different from use of them being illegal. IMHO

 

[tcm]

Miserable brits strike again

Up yours Mr Boring Git! I have five slightly juiced-up petrol-powered gopeds on board the boat and ride them as fast as possible, sometimes two at a time. I have been stoped on these in the UK, whereupon I will left the marina (Port Solent) and the country, taking with me large amounts of fun and holiday tax quids.

It is a great shame that it is necessary for others (who?) to buy madcap yet cheap kit for otherwise under-priviledged kids burdened with crap dads (hm?) who won't buy them a nice dangerous skateboard!

Kindly withdraw your jobsworthy headmistressy objections to anything that looks a teensy bit dodgy. Ask your intelligent incisive son to update your uncool 60's mindset.

Homework: "The pursuit of happiness": who coined this phrase? Was he English? (no) Was he renouncing English control? When? Where? Do they have lots more loot and boats there? Are petrol-powered scooters made in that country? (yes)

 

[ChrisP]

Nice one. another answer. As they go past on the pontoon give them a nudge. just enough to point them towards the water or wander up the middle of the pontoon with a trolly at a speed that suits your "pooly foot" but causes then to fall off.

Last alternative find out where he keeps it and give it a salt water bath. Don't forget to open the petrol cap.

ChrisP ;o)

What do you mean the sea gull in front's walking !!!

 

[Trevethan]

*heehee* Now you knoe how a raggie feels a lot of the time! Least scooters don't make a wash though... lessen of course you push 'em in the water.

*ducks back behind the parapet*

 

[Guest]

I think Tom Willis is right on this one...if it's private property the RTRA doesn't apply. That's how nutters in Cosworths get away with doing doughnuts in the carparks of Heston Services, shopping centres in Essex, and such like. The police can do nothing unless the owners complain (which they don't, because they're a corporation).

 

[sailbadthesinner]

Basically a public highway is on which the public have unrestricted access to and is controlled and maintained by the Local Authority. A marina is private land and anot a public highway. for instance if the local cable company wanted to dig it up they could not use their statutory rights but would have to pay the owner.
so the owner can permit scooters and other stuff to be ridden.

Come on brain.get this over and i can go back to killing you with beer

 

[byron]

I sometimes borrow an electric bike off Marlec Marine in Ramsgate for getting around the harbour. Its great, I bet everyone thinks I'm a Hells Angel /forums/images/icons/wink.gif

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